You can hire an attorney to attempt to withdraw your plea. Since you entered the plea with out the benefit of an attorney the judge may give you back your plea, there is no guarantee. If your plea is vacated you will be back in the position you were in before the plea was taken and will be faced with defending your case. That will leave you with a choice of trying to plea bargain again and if not acceptable then pleading to the tailgating which is 5 points or going to trial.
I am an attorney licensed to practice law in both New York and New Jersey. PTI is short for Pre-Trial Intervention. Pre-Trial Intervention is available to residents of other states besides New Jersey.
PTI allows a person charged with a crime to enter into a diversion program with out pleading guilty and getting a criminal record. There are usually several conditions of PTI. In all matters that PTI is granted the person must stay out of trouble for a period of time.
New York has conditional drivers licenses available for individuals that are either suspended pending prosecution for a DWI case or for an individual that has plead guilty or found guilty of DWI. You must find out through the New York DMV if they have been notified about the out of State, New Jersey conviction. If so, then find out from the DMV what steps you will have to take to get the conditional license. Ordinarily, after a New York driver is convicted of a DWI in order to get the...
There are several possible outcomes. One would be to try to get the case dismissed based upon whether the charges can be proven against you beyond a reasonable doubt. Perhaps you may be able to get an ACD which is an adjournment in Contemplation of Dismissal.
This is a very good and common question that I get quite often in that I handle a great many DWI cases in both New York and New Jersey. Since your prior case resulted in a conviction for a traffic infraction and not a crime, if your prospective employer does uncover the conviction it does not seem likely to affect your employment possibilities. However, depending on how extensive the background search is will depend on their ability to see the case. It will also depend on your prospective...
Some courts will allow you to enter a not guilty plea in Municipal Court by attorney's letter and thereby postpone the case. This is not always the case because not all Municipal Courts are run the same way.
Your first order of business is to fight the summons so that you could try to prevent a violation of the conditional discharge. There may be many grounds available to you to fight the case. Perhaps the officer fails to show up in court, etc.
Second, depending on the municipality you may not even be subject to a violation even if found guilty.
Please consult with a local experienced attorney.
Before you assume that your daughter will be convicted, the first thing you should do is to have a consultation with an experienced criminal defense attorney that handles DWI cases.
A DWI conviction will remain on your daughters records not only for potential enhancements if she is ever arrested again for another DWI in New York or in many other states, but also for insurance purposes.