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In NY, how does a reckless (not aggravated) compare to a dwi? There's a prior reckless 4 years ago (plead down from DWI).

Schenectady, NY |

I've looked up the penalties, & more need answers to these questions:

1) How is the (negative) "prestige" or effect on one's future with each one?

2) If one gets another charge in the future, does a prior reckless cause any future charge (DWI or reckless or possession of drugs or any another charge) to AUTOMATICALLY upgrade to a felony?
(For instance, for 2nd DWI, the first DWI causes that 2nd to AUTOMATICALLY move into felony category.)

3) How long max of probation can be assigned with reckless? (With DWI it's 3 years max.) Can non-drinking to an assigned probation condition of a reckless?

Thankx!!

Thank you! I've looked up the penalties, already as I said. I need to understand which one is worse in the long run to have on your record & why. I tried to break it down into ways something can be worse, & I made it too complicated sounding. But I don't need to know the penalties. I need to know if one is considered better to have than the other on your record, and why that is. Can anyone help me with that?

Attorney Answers 4


  1. Best answer

    It is best if the individual who pled guilty speaks directly with an attorney. If you wish to be present and the individual allows it then fine. A copy of the certificate of disposition and the conditions of probation should be brought to the attorney.
    1. Prestige is a relative term, not a legal question.
    2. Should have no impact on second DWI becoming a felony. Second conviction is always an impact on a plea deal depending on what e first conviction was for,
    3. Non drinking or random alcohol or drug test can be a condition for probation.
    Speak with an attorney with more details and facts for more information.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. You ask a lot of important questions. Unfortunately, they cannot all be answered in such a limited format. The fact that you plead down once already does affect future plea deals as well as sentencing recommendations. Consult an attorney immediately.


  3. Here you should have some answers,
    http://www.dmv.ny.gov/alcohol-drug.htm#penalties
    I agree with the above 2 attorneys.
    I think asking the right question is better then a hundred answers

    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:)