What are the odds I am offered a reduction to DWAI?

Asked 10 months ago - New Hartford, NY

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.

Attorney answers (7)

  1. Christopher Irvin Simser

    Contributor Level 19

    25

    Lawyers agree

    Answered . 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.
    Anelli Xavier
    Syracuse - Albany - Rochester - Buffalo
    1-800-DWI-TEAM

  2. Michael Evan Greenspan

    Pro

    Contributor Level 16

    19

    Lawyers agree

    Answered . 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.

    Good Luck
    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  3. Richard Caro Roxin

    Contributor Level 12

    19

    Lawyers agree

    Answered . As other postings indicate, in a situation like this, work with an attorney who "knows the lay of the land", who frequently represents clients charged with this kind of crime and whose cases are being prosecuted by the District Attorney's Office handling your case. Good luck.

  4. Howard A. Schwartz

    Contributor Level 19

    18

    Lawyers agree

    Answered . I believe there is a good chance you will be offered a driving while impaired. Your lawyer would be in a better position to gauge your chances. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  5. Jayson Lutzky

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . Consult with the local criminal defense lawyer that you hired.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  6. Michael J Palumbo

    Pro

    Contributor Level 19

    16

    Lawyers agree

    Answered . "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.

  7. Eric Edward Rothstein

    Contributor Level 20

    15

    Lawyers agree

    Answered . It depends on what County the arrest was in.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more

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