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

Asked about 1 year ago - Hempstead, NY

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

Attorney answers (6)

  1. Michael J Palumbo

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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.

  2. Michael David Elbert

    Contributor Level 12

    8

    Lawyers agree

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

  3. Joseph A Lo Piccolo

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  4. Richard C. Southard

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . 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... more
  5. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  6. Marco Caviglia

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more

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