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Had 2 prior DWAI,now a DWI the DA willing for cond.discharge,judge ordered PSI- what are chances of cond.discharge,did treatment

Central Square, NY |

completed 16 wks of treatment, my lawyer talked the DA into a conditional discharge- just completed the PSI, my lawyer says its highly unlikely the judge will sentence for probation, got uneasy when the probation officer voiced concerns over having "abused my driving priveledges 3 times" , I recently lost my job and am on unemployment, looking for work- your thoughts?

Attorney Answers 4

  1. If I were the Judge I'd give you probation because it's your 3d drunk driving case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. There is far too little information to give an informed opinion. If the prosecutor and judge are on board with the promise of a conditional discharge then the thoughts of probation should not be a big problem. The major issue is the judge and you should work with the lawyer to provide any information or documentation necessary to get the best result. Good luck.

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

  3. If even the judge isn't sure, no one else can be. The PSI will likely be negative reflecting what the PO stated.

    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.

  4. My thoughts:

    1. Stop drinking and driving
    2. Take the case to trial, because under the new regulations if you catch a 3rd alcohol related condition you will not see a license for anywhere between 7 and 25 years depending on the totality of your driving history.

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