What is “Conforming Reckless” Scottsdale, AZ?
by
Aaron Black • October 19, 2017
Conforming reckless is a common term that is used for reckless driving in Scottsdale. Since alcohol is involved it is considered “Conforming” because the punishment somewhat conforms to that of a DUI. However, depending on the circumstances, a conforming reckless can carry fewer penalties and costs than a DUI/DWI.
Bargaining for conforming reckless depends on several factors of course each case is different. One factor is whether or not the Prosecution thinks that they have a provable case for a DUI which includes your chemical tests such as blood and breath results. If your blood test came back clearly showing a level of more than 10% over a .08 the probability of a plea deal for conforming reckless decreases. But, there may be other legal issues that can get you a reckless driving charge. The ability to plea bargain for conforming reckless also depends on the jurisdiction in which you were charged. You cannot negotiate a conforming reckless in the City of Phoenix.
Class 1 misdemeanor - A class 1 misdemeanor is the most serious misdemeanor offense
Bargaining for conforming reckless depends on several factors of course each case is different. One factor is whether or not the Prosecution thinks that they have a provable case for a DUI which includes your chemical tests such as blood and breath results. If your blood test came back clearly showing a level of more than 10% over a .08 the probability of a plea deal for conforming reckless decreases. But, there may be other legal issues that can get you a reckless driving charge. The ability to plea bargain for conforming reckless also depends on the jurisdiction in which you were charged. You cannot negotiate a conforming reckless in the City of Phoenix.
Advantages of a Conforming Reckless plea versus a DUI
- A conforming reckless plea could result in lower fines compared to a DUI conviction
- Probation may be shorter for conforming reckless versus a DUI
- Depending on the circumstances, the maximum jail time could be 120 days instead of 180
- There would be no DUI on your record
- You would not have to install the ignition interlock
Reckless (Conforming Reckless) Penalties
A conforming reckless drops the misdemeanor charge to a class 2 misdemeanor from a class 1 misdemeanor for DUI.Class 1 misdemeanor - A class 1 misdemeanor is the most serious misdemeanor offense
- Punishable by up to 6 months in jail
- 3 years of probation (5 years maximum probation for DUI offenses)
- $2,500 fine plus surcharges
- DUI
- Driving on a suspended license
- Assault
- Disorderly conduct
- Criminal damage
- Shoplifting
- Theft
- Carries a maximum punishment of 4 months in jail
- $750 fine plus surcharges
- 2 years of probation
- Reckless driving
- Assault
- Criminal trespassing in the second degree
- Criminal damage
