Can i avoid a felony and jail time? I was offered 1 month in jail. 5 years probation and felony on my record. Help!

Asked 10 months ago - New Rochelle, NY

I got arrested and charged with a DWI for being asleep in a car across the street from my home. It was very late and i was locked out, but had spare keys to the family car. I had the keys in the ignition and the car might have been on. I have a prior DWI charge where i received a misdemeanor with a conditional discharge. I was NOT pulled over, is there anyway to work around this felony and jail time.

Attorney answers (8)

  1. Lee Alan Thompson

    Contributor Level 20

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    Answered . I would hope for something this serious you have an attorney. You should ask him/her. If you don't have one, get one. If you can't afford, ask the court to appoint one for you.

  2. John M. Cromwell

    Pro

    Contributor Level 15

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    Answered . If the keys were in the ignition, the engine was running, and the car was parked on a public street, that still is considered "operation" under the DWI statute. Sounds like you have some mitigating circumstances, however. Presumably, you have an attorney who has brought these factors to the attention of the prosecutor.

  3. Eric Edward Rothstein

    Contributor Level 20

    14

    Lawyers agree

    Answered . More facts are needed. You must have driven there. What was your bac or did you refuse? You could have a triable case. You need a good criminal defense lawyer who knows how to handle a dui case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Daniel DeMaria

    Pro

    Contributor Level 14

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    Answered . Have you had a DWI before? How long ago? And what was your blood alcohol level? All of these things will factor into the judge's decision - or, you may want to fight it at trial and not accept the offer, but then if you're convicted your sentence could be a lot worse.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  5. Anthony Michael Solis

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    Contributor Level 20

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    Answered . It's hard to say without reviewing all the evidence. Get a good attorney and fight the charges.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  6. Joseph A Lo Piccolo

    Contributor Level 20

    12

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    Answered . It's not easy w/a 2nd DWI, now a felony and when it is probably soon after the 1st one, especially in Westchester. Speak with your attorney.


    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    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... more
  7. Carlos Gonzalez

    Pro

    Contributor Level 17

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    Answered . Get yourself a good defense attorney ASAP! Contact our office if you'd like to discuss your case further!

    With offices in NYC and Bridgeport Connecticut, we stand prepared to assist you at any step of most any legal... more
  8. Anthony Michael Giordano

    Pro

    Contributor Level 10

    11

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    Answered . Has the case been indicted? Is this an SCI offer? Was there a breathalyzer reading? Did you provide an inculpatory statement to police? It is possible to avoid a felony but a proper evaluation of your case would require far more information than you have provided in your question.

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