The delicate situation is the one the off-duty police officer now finds himself in. Also, he is the one who needs advice from attorneys concentrating their practices in DWI defense.
But I digress ...
If your insurance has already totaled your car, they should litigate on your behalf against the policy of the drunk driver. You should speak with your insurance company and see if they will assist you in this. If you have a local attorney you trust, you should also raise this issue with...
Assuming you were arrested in Oneida County, make sure your attorney is familiar with that DA's Office and the court you were charged in. There are many fine attorneys in the Utica area. I trust you have located one. Listen to his or her advice and ask him or her your questions.
Best of luck.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
This is not the forum to seek the help you need. The best anyone can tell you here is that you need the assistance of an experienced attorney in your area (Clinton County, I assume). If you are already at sentencing, I would think you have been assisted by an attorney. He or she should be advising you each step of the way.
Your situation, as you describe it, is a very serious one, and your question is troubling to any experienced criminal defense lawyer. take the time now, TODAY, to...
An ACD should be of six (6) months or one (1) years duration. No more.
Your prior arrest and the disposition (the ACD) will shop up on a NYSPIN report, i.e. your "rap sheet." Your PD was reviewing your record and questioning you as to the correctness of the information she had in front of her. There are sometimes mistakes in the way offenses are reported.
All that said, this should not effect your current DWI in Nassau. Given that County's policies on DWI you should consider hiring...