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.

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.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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