No accident. Blew a .11 at the station. First offense. Clean criminal record. Clean driving record. Was very compliant with the officer. He told me upon dropping me off at my house after everything was done that it is likely that I would get a reduction since I blew under the .13 threshold for the county, and that he "sees it all the time." Still cant help but worry. I have hired an attorney as well.
Assuming you were arrested in Oneida County, make sure your attorney is familiar with that DA's Office and the court you were charged in. There are many fine attorneys in the Utica area. I trust you have located one. Listen to his or her advice and ask him or her your questions.
Best of luck.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
You were wise to hire an attorney to represent you in the defense of these charges. You have not described the facts leading up to your arrest and do not inform us if you are being prosecuted under the zero tolerance law. Do not post this information as this is a public forum and you do not want anything said here to be used against you.
Your question really should be posed to your attorney, who presumably is aware of the plea bargaining policies of the District Attorney's office in the county where you are being prosecuted.
You have a relatively low BAC, and for a first time offender, where no accident took place with a cooperative attitude toward law enforcement, you have increased the chances for an offer to the reduced charges to be made. Again, only your attorney can fully advise you in this situation.
"No accident" = irrelevant
"First offense" = irrelevant
"Clean criminal record" = irrelevant
"Was very compliant with the officer" = you should not have been. You should have kept your mouth shut, not answered questions, and asked for a lawyer.
"He told me..." = NEVER take legal advice from a cop. They are not lawyers. and, they arrested you.
"Blew a .11 at the station" = just confessed by virtue of your BAC
"Still cant help but worry" = you should worry; you are in a lot of trouble and have a lot to worry about.
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