Can Mitigating Circumstances Affect the Outcome of a DUI?

 Posted on November 15, 2024 in DUI Defense

In 2022, there were 14,859 arrests for DUI across the state of Maryland. It can be frightening and anxiety-inducing to be arrested and charged with DUI. Most of those who are charged with DUI have never been in trouble with the law before, so they have little knowledge of what they need to do to ensure the best outcome possible.

First-time DUI offenders are often those who made a one-time mistake and are now facing harsh penalties that could negatively influence the remainder of their lives. If you are facing DUI charges in Maryland, you could benefit from speaking to a Towson, MD DUI attorney from Kirk Seaman, LLC. Your attorney will know how to use mitigating factors to potentially reduce or dismiss your charges or reduce your sentence in the event of a conviction.

What Are Mitigating Factors?

A mitigating factor is an extenuating circumstance that involves evidence presented to the court regarding either the defendant or the circumstances of the crime that will be considered by the prosecutor or judge. The presence of mitigating factors does not mean there will be an acquittal, but these factors can result in reducing the charges or a less severe sentence. The opposite of a mitigating factor is an aggravating factor, which works against the defendant during charging or sentencing.

Mitigating Factors That Can Convince the Prosecutor to Lower or Drop the DUI Charges

Your attorney can negotiate with the prosecutor to convince him or her to reduce your charges or drop them altogether. In the state of Maryland, there are three types of plea bargains available for DUI charges: Stet agreements, probation before judgment (PBJ), or a guilty plea to lesser charges. A stet agreement indefinitely postpones your legal case, which will remain inactive unless the state reactivates it.

If the evidence against you is weak, and you otherwise have a clean record, a stet agreement could be the best option. Probation before judgment works well for those who want to avoid a formal conviction and points on their driver’s license. Once a PBJ is granted, you will be placed on probation; once your probation is successfully completed, your guilty finding is stricken, meaning you will not have a DUI conviction on your record.

Depending on the circumstances, your attorney may believe that pleading guilty to a lesser charge (negligent driving or reckless driving) could be better than facing a potential DUI conviction since the consequences are much less severe. While every case is unique, some of the most common mitigating factors presented to the prosecutor include:

• You were in control of your vehicle at all times, and your driving was safe and lawful.
• The police officer had no reason to suspect you were impaired when he or she pulled you over.
• You have a clean driving record with no motor vehicle offenses or convictions.
• You were taking a lawfully prescribed drug at the time of your DUI stop.
• After you were charged with DUI, you voluntarily checked yourself into a drug rehabilitation program.
• You have expressed genuine remorse for your actions and have shown a willingness to make amends.
• You have a medical condition that impaired your judgment.
• You dispute the results of the breathalyzer or field sobriety test.

Mitigating Factors That Can Reduce Your DUI Sentence

If you are found guilty of DUI, your attorney will present mitigating factors in an effort to reduce your sentence. These may include:

• Character references that highlight your positive attributes, demonstrating the DUI incident was out of character.
• Medical issues that may have contributed to the DUI incident.
• Participation in a drug or alcohol rehab program
• Employment records that show evidence of steady employment
• A job that depends on driving and requires a clean record.
• Documentation of community service

Contact a Baltimore County, MD DUI Lawyer

Attorney Kirk Seaman is aggressive, trustworthy, and experienced. He has excellent relationships with judges and prosecutors, and the firm has a long history of success. When you speak to a Towson, MD DUI attorney from Kirk Seaman, LLC, you have taken an important step in protecting your rights and your future. Call 410-837-6077 today to schedule your free consultation.