Daniel Hynes

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Get a DWI reduced to Negligent driving to save your license

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If you are charged with DUI in New Hampshire, one of your highest priorities is probably to keep your license. The only way to keep your license is to not be found guilty of DWI. Besides going to trial and being found not guilty, certain plea bargains could avoid a license loss. One such charge is negligent driving. Negligent driving does not have to have a license suspension associated with it in NH. If the DWI gets dismissed for negligent driving, you can walk out of court with your license.

However, it is incredibly difficult to get a DWI reduced to negligent driving. You are probably more likely to be found not guilty after trial with a good lawyer. I have received many not guilty verdicts. But, out of hundreds of cases I can probably count the number of negligent driving pleas on one hand. If you have a good case, most prosecutors would rather just go to trial than to offer something with no license loss. It really takes a lot to get an offer of negligent driving such as a breath test below the legal limit, a problem with the breath/blood test, passing field sobriety tests, or a problem with the prosecutor proving you were driving. Even if the prosecutor offers a negligent driving, the judge still must accept the plea. Judges are often hesitant to accept this plea, and you must explain why it is a fair outcome. This past week I had a DWI reduced to negligent driving, and the judge asked the prosecutor if it was a fair outcome to not have a license suspension. After the prosecutor and I explained the reasons behind it, thankfully the judge accepted the plea bargain, and the client got to drive home.

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Guest Saturday, 24 October 2020