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Can alcohol related ACD from Queens almost eight years ago affect my DWI case today in Nassau County ?

Massapequa, NY |

Was arrested for public intoxication and indecent exposure back in late 2005 . Accepted an ACD in Queens and was told the whole situation would be wiped from my record in a year or so as long as I stayed out of trouble . To my surprise , it was brought up by the public defender when she was gathering information before I went to see the judge after my arrest . From what I've read around the web , the prosecution can open the CAD if they want . Can this be used against me in my upcoming case ?

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Attorney answers 7

Posted

I highly doubt the DA will take that into consideration.

Scott Gross
Scottgrosslaw.com
516-662-7995
Garden City

This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com

Posted

This doesn't make sense.
The prior ACD should not show to the prosecution or the defense 8 years later.
Either way, it should not affect this case.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Michael J Palumbo

Michael J Palumbo

Posted

It's always there

John J. Carney

John J. Carney

Posted

It will be available to the prosecution as it is on the NYSID computer, but they may not care about it.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

It should not be on the NYSID as it was dismissed.

Posted

The old case should already have been dismissed and sealed. If so, it cannot be reopened and should not affect the new case Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Posted

The prior ACD should have ripened into a dismissal unless you failed to satisfy a condition which was imposed and the DA or court reopened it timely. Your prior incident is not a predicate for any enhanced penalty for your DWI, unless other evidence shows you have a serious drinking problem and he disposition of your current charge is deemed to warrant alcohol counseling, etc.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Posted

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 an experienced, private attorney with specific experience in the area of DWI defense. Several post on this web site. Watch for their submissions.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
1-800-DWI-TEAM

Posted

Sounds like you are using a public defender. That is the quality service you get for "free".
good luck,

This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)

Posted

An "Adjournment in Contemplation of Dismissal" or "ACD" cannot be used against you in any future proceeding as it does not constitute a conviction. By its nature, an ACD is a pending case until it is either reopened by the prosecution or dismissed.

In your particular case, the ACD you received would have been dismissed automatically upon conclusion of the statutory period which was either six (6) months or twelve (12) months.

Bottom line, your prior ACD should not be used against you.

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