Ferdinand, IN asked in DUI / DWI for Indiana

Q: with no previous tickets for offenses, a person over 50 with an owi for riding a scooter, can this be reckless driving

My husband has a great driving record, has a CDL and stupidly rode a scooter after he had been drinking. he lost control and tipped. he ended up getting picked up, and charged with an OWI. I was told by two different police he most likely would end up getting ticketed for reckless driving instead of an OWI, since it was a scooter, no one else was involved and no previous record. Do we still need to obtain a lawyer up front or should we have a lawyer for his first hearing to see how he is charged?

Related Topics:
2 Lawyer Answers

A: Even a Reckless Driving can be an issue for a CDL holder. You don't necessarily need a lawyer for the first court appearance, because you will be entering a not guilty plea (NEVER plead guilty at the first court appearance without counsel), but you should at least consult with counsel before the second court date.

A: I already answered this question:

"Even a Reckless Driving can be an issue for a CDL holder. You don't necessarily need a lawyer for the first court appearance, because you will be entering a not guilty plea (NEVER plead guilty at the first court appearance without counsel), but you should at least consult with counsel before the second court date."

Andrew L. Bennett agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.