Scott Glen Cerbin’s Answers

Scott Glen Cerbin

Brooklyn Criminal Defense Attorney.

Contributor Level 5
  1. First fail on interlock with a month left of probation, will that effect my early release? Will my PO find out?

    Answered about 1 year ago.

    1. Christopher Irvin Simser
    2. Edwin Drantivy
    3. Scott Glen Cerbin
    4. Melanie McCorkle Ellwanger
    5. John J. Carney
    5 lawyer answers

    You need to notify your PO immediately. While I would like more information to better qualify this answer, in my experience one violation of this type does not generally result in a revocation. It may occasion some lesser penalty or loss of time; but I would be surprised by a revocation. However, failure to report this will likely have a very negative impact. It would be better for you to advise your PO than the IID people.

    7 lawyers agreed with this answer

  2. I was convicted of Felony DWI even though my offense was .16, only pulled over, did not flee or cause an accident.

    Answered 9 months ago.

    1. Ernest DuBose
    2. Eric Edward Rothstein
    3. Scott Glen Cerbin
    4. Daniel Nelson Deasy
    4 lawyer answers

    I think Ernest nails it on the head. If you took a plea your chances of vacating it are slim. If case went to trial you may have some appellate issues and you would need to consult with an appellate/post-conviction attorney.

    6 lawyers agreed with this answer

  3. Does a one year mandatory revocation of my NY license for not giving blood to an officer violate my 4th amendment rights.

    Answered 9 months ago.

    1. Howard A. Schwartz
    2. Amanda K. Ambrose
    3. Michael David Elbert
    4. Eric Edward Rothstein
    5. Scott Glen Cerbin
    6. ···
    7 lawyer answers

    This is a tricky legal analysis because the administrative law judge at the refusal hearing has to find probable cause for the stop; but at the same time it is an administrative proceeding and thus you don't have the same rights as in a criminal case. For example, your failure to testify can be used against you. I had success in reversing a Manhattan ALJ in an Article 78 proceeding; but it was a really egregious set of facts. For the most part It is very difficult to have an ALJ reversed by...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I got a dwi If remember I blew just over it my first time ever being arrested now what can I do?

    Answered 10 months ago.

    1. Richard C. Southard
    2. Eric Edward Rothstein
    3. Michael J Palumbo
    4. Amanda K. Ambrose
    5. Scott Glen Cerbin
    5 lawyer answers

    If this is your first DWI arrest -and you have no other license problems- you are eligible for a conditional license pending prosecution after 30 days. That is 30 days from the date you were arraigned and suspended in Staten Island. You should receive a letter from DMV. If not just go in on day 30 and inquire.

    4 lawyers agreed with this answer

  5. Was arrested for DWI. Released on RR with a returned date. But they will not give me my car. My license is still valid. Car is

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Scott Glen Cerbin
    3. Joseph A Lo Piccolo
    3 lawyer answers

    The NYPD will typically settle these cases for $500 and satisfaction of any conditions imposed on you by the screening provider. The settlement process is pretty straightforward; really just a matter of filling out some paperwork. However, as one of my colleagues noted you will need a release from the DA. Your criminal lawyer should contact the DA's office for this. This can be a headache!

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can my mother get her car back after my brother was charged with dui and in an accident with injured parties

    Answered 9 months ago.

    1. Howard A. Schwartz
    2. Joseph Paul Petito
    3. Ted Harvatin
    4. Derek Anthony Patrin
    5. Michael J Palumbo
    6. ···
    7 lawyer answers

    From your post I take it this is a NYC arrest. The decision of whether to seek civil forfeiture is up to the NYPD; not the district attorney. In my experience in NYC third-party owners almost always get the cars back. Even most defendants will on a first (and sometimes even second) offense. Assuming the police are not seeking forfeiture you may be able to get the car back before the criminal case is over. The DA will usually enter into a stipulation with the driver stating that there was...

    3 lawyers agreed with this answer

  7. What's the answer to the age old question of whether it's in a defendant's best interest not to blow when they're drunk?

    Answered 12 months ago.

    1. Eric Edward Rothstein
    2. Christopher Irvin Simser
    3. Parker Roy MacKay
    4. Marco Caviglia
    5. Michael J Palumbo
    6. ···
    7 lawyer answers

    Its a tough question and I agree with all of my colleagues. I have a fairly busy DWI practice in NYC; where a refusal does not equate to a "no offer". I advise my clients that if they know they have had more than two or three drinks shortly before driving they should not blow. Better to face the possibility of being revoked by DMV (which is rare in NYC ) than giving strong evidence of your intoxication.

    Selected as best answer

  8. Did I get charged with a felony or a misdemeanor ?

    Answered 9 months ago.

    1. Jonathan Brian Manley
    2. Stephen Charles Cooper
    3. Scott Glen Cerbin
    4. Eric Edward Rothstein
    5. Zachary Peter Reibstein
    5 lawyer answers

    I agree with my colleagues, however, its unclear from your post whether marihuana was also involved. If so you may have consented to a Marihuana ACD which results in dismissal after 12 months.

    2 lawyers agreed with this answer

  9. Charge: Class E Grand Larceny in NY town ct. 1st offense,no violence, full restitution. What will be the most likely DA offer?

    Answered 9 months ago.

    1. Howard A. Schwartz
    2. Stephen Charles Cooper
    3. Eric Edward Rothstein
    4. Eric Stephen Shiller
    5. Scott Glen Cerbin
    6. ···
    6 lawyer answers

    The case is only close to being dismissed for a speedy trial dismissal if it has been indicted. (See CPL 180.85). It sounds like it has not been indicted and that a felony complaint is pending. This can go on for more than a year. (Id.). In my experience most DA's will offer a misdemeanor on these cases but I would need a lot more information to comment further.

    2 lawyers agreed with this answer

  10. Can I get off interim probation early for a misdemeanor DWI?

    Answered 9 months ago.

    1. Eric Edward Rothstein
    2. Stephen Charles Cooper
    3. Richard Caro Roxin
    4. Scott Glen Cerbin
    4 lawyer answers

    I agree with my colleagues and add that it is obviously really up to the judge. However, the conditional plea seems very reasonable and I think it would be difficult to argue that an additional six-months of probation would be so arduous.

    2 lawyers agreed with this answer

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