I have been charged with misdemeaner reckless driving and driving w/ability impared by drug and failure to keep right (traffic i

Asked over 1 year ago - Elmira, NY

infraction.i have prior convictions of dwai's ,2,and a felony charge of criminal possesion of a forged instrument.all more than ten years ago.the 'drugs'i was on are my own legal scrips, both are controlled substances.my questions are ;does it help if i get a favorable justice because there are three in this court and one is a personal family friend and another i am on good terms with due to our sons playing hockey together , the third is known to be a hard ass.what might the outcome be for me , can i use a public defender?the traffic stop was due to an anonomous call.i was taken to hospital for blood tests and failed the field sobriety tests.i was polite throughout the process and probably appeared to be "high".they impounded my car but let me go home after about an hour.

Attorney answers (5)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    7

    Lawyers agree

    Answered . You do not get to choose your judge and in your case, you may get the bad one by default as the other 2 may cite a conflict of interest.
    Hire the best lawyer available in your area!


    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... more
  2. Eric Edward Rothstein

    Contributor Level 20

    7

    Lawyers agree

    Answered . You get a pulic defender if you are indigent. Given your record I suggest you hire a criminal defense lawyer if you can.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Christopher Irvin Simser

    Contributor Level 19

    4

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Take the time to locate and retain an attorney who concentrates his or her practice on criminal defense - preferably on the defense of DWI charges. You case as you describe it is complicated, and teh exposure to you is significant. Act quickly!

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

  4. Michael Niels Bruno

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . I strongly recommend that you contact an attorney well versed in DUI defense. If you are convicted and your license is revoked and have 3 convictions in a 25 year span you may not be eligible for reinstatement by DMV for a period of 5 years beyond the statutory revocation. Judges have an ethical duty to recuse themselves if they are not able to be objective (ie personal friendships). Again - you need an attorney to attempt to work with the DA's office to try and get them to withdraw prosecution of the DWAI.

  5. Michael J Palumbo

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . It is not your choice to "use" the public defender; if you are indigent you will qualify for a lawyer bought and paid for by the tax payers. As to your queries "does it help...." No, it does not. This is not a 3rd world country. Oh, and by the way, you need a good lawyer.

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