I had an accident where nobody was injured. I rolled my car (trailblazer)on the highway Queens to brooklyn not sure what is called. My breath test was 1.09 or .109 not sure (some people say 1.09 is impossible). i told the arresting officer i drank 4-5 beers and also told him i smoke pot (blunt a day). i was in bookings(kings county criminal court) for 18 hours,got released with CONDITIONAL DISCHARGE . now 5 days from the day i got released, i have to go for a screening for alcohol or substance abuse center ( OASAS ), will my results affect my next court date? whats the best case scenario? am i facing any jail time ? by the way I'm (daca recipient)...
You were not released with a conditional discharge. A conditional discharge is a sentence and fortunately, you have not been found guilty of anything. You need to get the screening rolling. But you also need an attorney. If you can not afford one the Court will appoint one to represent you. You need an attorney that will advise you on the effects of any plea bargain would have on being a daca recipient.
It is certainly possible that the case can be resolved without jail, or a criminal record. Make sure to get your OASIS evaluation in s timely manner. Work closely with your attorney in order to get the best results. This would also be a good time to go substance free. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
Get your evaluation ASAP
Begin taking classes, if deemed necessary and contact an attorney as soon as you can.
It is possible to avoid a criminal conviction.
I am a former ADA in Queens and handle lots of dui cases there. There is no reason the DA will dismiss the case. The dwai may be doable but the accident complicates things and you will need a lawyer who will fight hard for you and has a good relationship with the supervisors.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline