A person commits the offense of Negligent Driving in the First Degree when they:
Negligent driving in the first degree is a simple misdemeanor. It is an affirmative defense to negligent driving in the first degree for a driver to show they have a valid prescription for the drug at issue and that it was being consumed according to the directions and warnings.
There is a maximum penalty of 90 days in jail and a $1,000 fine. There is no license suspension and no ignition interlock requirement for persons convicted of negligent driving in the first degree.
We work hard to convince prosecutors to reduce our clients’ DUIs to negligent driving instead because the consequences are far less severe than a DUI conviction. However, even if a DUI charge is reduced to a negligent driving first degree, it will count as a prior DUI offense if the person receives another DUI charge. This means that the person will be subject to drastically tougher mandatory minimum sentences for the subsequent DUI, particularly if the offenses are within seven years of each other.
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