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Tuesday, November 16, 2010
By Michael Nichols
Plea bargaining is a part of most every criminal case. A lawyer has a duty to communicate EVERY plea offer made to the client according to the Michigan Rules of Professional Conduct for lawyers. Good lawyers carefully explain both the direct consequences as well as the long-term indirect consequences and concerns. You may get the option of pleading to a charge called "Reckless Driving" instead of the lesser included offense of Operating While Visibly Impaired, also known by its shorthand of "Impaired." Expert Michigan-OWI/DUI attorney Mike Nichols believes that it is worth considering accepting a plea to reckless driving so long as you understand that the short term consequences are harsher. "An accused citizen should consider how he or she will feel about the result of this case in 5 years and not 3 months," said Nichols. Nichols added, "you lose your license for 3 months if you are convicted of Reckless Driving but it is not an OWI/DUI and will likely be less of an impact on your criminal record because Reckless is purely a traffic misdemeanor."
Reckless Driving is a misdemeanor that is punishable by up to 93 days in jail and a fine of up to $500.00 plus the driver responsibility fee and the assessment of 6 points on your license. Impaired driving is a misdemeanor conviction under the drunk driving statute. It is also punishable by up to 93 days in jail and a fine of up to $300.00 and the assessment of 4 points on your license. "The benefit of Impaired as opposed to Reckless Driving is that with Impaired, you keep a restricted license for that 90 day period," said Nichols. "However, people have to ask themselves whether it is worth it when you will not have to answer questions in detail about whether you have any substance abuse history or a drinking or drug problem when you apply for a job, promotion, government clearance or education," added Nichols.