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Is it possible in Nassau County to negotiate a no probation sentence for DWI .13

Hempstead, NY |

Previous 1994 DWI plead to DWAI; 1996 DWAI; 2001 Disorderly Conduct.

Attorney Answers 6

Posted

You have a bigger problem then probation in Nassau County: (1) you will likely get jail time, and (2) with the new regulations you will not get a license back after a 3rd alcohol related conviction until around 2024 if at all.

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Asker

Posted

The following comments are not intended to be sarcastic (1) I don't have a problem with jail time instead of an incarceration / Probation split. In my opinion probation can be worse! They want to treat me like a repeat violent felony offender, It's to the point that even repeat sexual predators are not treated as harshly (2) I have heard about this license revocation tyranny REGULATIONS NOT LAW being issued from the DMV! My understanding is this is being challenged in court and it has only begun? I am confused since there seems to be no consistency in sentencing etc... lawyers are looking into a crystal ball with every case because each case depends on they don't even know or are not sure! I did receive a pre conviction conditional license. What's up with that? If this extended / indefinite / life time revocation is the direction they are heading? Seems like the DMV doesn't even know what they can get away with legally! I intend on becoming active putting a stop to the State DMV tyranny! For all those who think it's deserved so they shouldn't be concerned, I'd be looking over my shoulder at what incremental tyranny they will force down the residents of this state next! And finally it will not be a problem since I will be fleeing N.Y for my financial well being when my daughter graduates High School in 2014 and heads off to college!

Michael J Palumbo

Michael J Palumbo

Posted

We as lawyers are not sure and don't know because we cannot look into a crystal ball. It is YOUR CASE, not ours. All we can do as lawyers is review the evidence against you and enforce the constitution to keep illegally gleaned evidence out of court. It is our job to do that and present your evidence in the best light possible to get the most lenient offer as possible from the DA. Then, we present it to you along with explaining what the evidence against you tends to suggest and the strength and weakness of the case if we went to trial. After that, based on the risk / reward factor and your own risk and loss tolerance, it us up to YOU, not us at lawyers to make a determination as to whether accept the deal or roll the dice at trial. As for the State DMV regulatory "tyranny" as you put it, thus far it has been upheld as legal. Nor is it tyrannical to keep excessive recidivus drunk drivers off of the road, but a rational public safety regulation. . And it will be your problem if your license is revoked or restricted, because when a license is revoked or restricted in one state no other state will issue you a license. So if that contingency occurs., be sure to flee to a part of the world that has good public transportation, because you won't have a driver's license. This factor should be considered when you weigh the risk / reward of taking your case to trial.

Posted

It is possible, but with the record you posted, not likely without a trial.

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Posted

The Nassau County DA has a no plea policy on DWI cases. I have gotten exceptions to the policy but given your record you may face the choice of making your best deal with the judge on the top charge or going to trial.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. 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. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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3 comments

Michael David Elbert

Michael David Elbert

Posted

That is incorrect. Nassau County District attorney does have policies that allow for reduced plea bargains on dwi cases.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

Since when? Kathleen Rice has always had a no-plea policy on dwi cases to which exceptions are made.

Michael David Elbert

Michael David Elbert

Posted

First dwi with under .13 bac and no accident will qualify for violation.

Posted

Possible--sure. Easy, not really. It would be difficult. The best way would be to take the case to a hearing and see if you can weaken the DA's case forcing them to make a better offer.

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 substitution for a meeting whereas all potential legal issues can be discussed.

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1 comment

Scott Glen Cerbin

Scott Glen Cerbin

Posted

I agree. I have a 1.3 in Nassau on which they refused to negotiate and doing the hearing really weakened their case. At a minimum I now have a strong issue on appeal. In my view if there is no offer you have nothing to lose by doing the hearings.

Posted

While it may be legally permissible, Nassau County is known for their tough plea bargains on DWI cases. If this was your first DWI ever, you may have had a shot but on your third, I would anticipate that they will be offering a split jail/probation sentence.

I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. You may contact me directly for a free private consultation if you desire.

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Posted

As you posted elsewhere that you are not afraid of jail rather than probation, and since you are likely to get little consideration from the DA, you should consult an excellent DWI trial attorney and hunker down for a showdown.

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.

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