What is “Conforming Reckless” Scottsdale, AZ?

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.

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

Common Class 1 misdemeanor offenses

• DUI
• Driving on a suspended license
• Assault
• Disorderly conduct
• Criminal damage
• Shoplifting
• Theft

Class 2 misdemeanor

• Carries a maximum punishment of 4 months in jail
• $750 fine plus surcharges
• 2 years of probation

Common Class 2 misdemeanor offenses

• Reckless driving
• Assault
• Criminal trespassing in the second degree
• Criminal damage

If you have been charged with a DUI contact the Law Office of Aaron Black or call (480)729-1683 for a free consultation to see if your case might warrant a plea bargain for conforming reckless driving instead of a DUI.