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NY DUI laws, probable cause

Asked in Albany, NY - over 4 years

I was convicted of a dui on 12/07 in Scotia, NY. Then on 5/08 I was stopped for dui (charges pending) in rosendale, NY. And more recently on 8/08 I was stopped and arrested for dui, again in Scotia, NY. At the time of this most recent dui I had a hardchip license from the court in Rosendale, NY. I was released on R.O.R. I've been a member of my community for 6 years and have maintained my job for 3 yrs. In May I graduated with and A.A.S. I am a father of 2 children and I am physically disabled due to severe MS. And I am enrolled to continue school in pursuit of a B.B.A in approx. 2 weeks. My questions are: Is there anything I can do now to help my case(s)? Will I have to go to jail? Will I have any options as far as jail, probation, house arrest, Weekend jail?

Attorney Answers (5)

Oscar Michelen

Oscar Michelen

New York Commercial Real Estate Attorney

Licensed in NY

Answered over 4 years ago. You ask several questions and I will try to answer them all in order. You can help your case by checking into an alcohol rehabilitation program. Withthis many arrests, a in-patient program is probably your bets bet for avoiding jail if you have no defenses to the charges. You did not tell us what you blew or the circumstances of your arrest so I am assuming you have no defense) Most jurisdictions now impose some kind of jail term on a third DWI conviction in such a short period of time all the option syou list are legally permissible parts of a sentence you just have to get a judge to agree to give you those conditions in palce of a jail sentence. Some judges give weekends, some home confinement, so it all depends on the judge and jurisdiction. The best thing you can do is hire a local DWI expert to represent you. Do the research and find the two or three known DWI attorneys, interview each of them and choose the one that you feel is the best fit for you and your case.
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Robert Roth

Robert Roth

Brooklyn Real Estate Attorney

Licensed in NY

Answered over 4 years ago. You need to do everything you can to avoid two additional convictions. Three convictions for DWI within a year is a circumstance unlikely to make even the most lenient judge show mercy.

I would recommend getting counsel to defend you and getting help with your drinking.
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Matthew Jay Weiss

Matthew Jay Weiss

New York Speeding / Traffic Ticket Lawyer

Licensed in NY

Answered over 4 years ago. Both above answers are correct. Getting yourself evaluated by an alcohol therapist is a good idea. You have a real issue because potentially you have 3 DWIs within 10 years which is a felon if you are convicted. Bottom line: Get a good lawyer. The stakes are too high.
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Michael William Brosnan

Michael William Brosnan

Duanesburg DUI / DWI Attorney

Licensed in NY

Answered over 4 years ago. The previous answers are right on correct. Get yourself evaluated for substance abuse and enter treatment asap. Find an experienced local attorney to help you through this. You can call my office for a consultation
Brosnan Law Office
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Michael William Brosnan

Michael William Brosnan

Duanesburg DUI / DWI Attorney

Licensed in NY

Answered over 4 years ago. The previous answers are right on correct. Get yourself evaluated for substance abuse and enter treatment asap. Find an experienced local attorney to help you through this. You can call my office for a consultation
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