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I have been charged with misdemeaner reckless driving and driving w/ability impared by drug and failure to keep right (traffic i

Elmira, NY |

infraction.i have prior convictions of dwai's ,2,and a felony charge of criminal possesion of a forged instrument.all more than ten years ago.the 'drugs'i was on are my own legal scrips, both are controlled questions are ;does it help if i get a favorable justice because there are three in this court and one is a personal family friend and another i am on good terms with due to our sons playing hockey together , the third is known to be a hard ass.what might the outcome be for me , can i use a public defender?the traffic stop was due to an anonomous call.i was taken to hospital for blood tests and failed the field sobriety tests.i was polite throughout the process and probably appeared to be "high".they impounded my car but let me go home after about an hour.

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Attorney answers 5

Best Answer

Take the time to locate and retain an attorney who concentrates his or her practice on criminal defense - preferably on the defense of DWI charges. You case as you describe it is complicated, and teh exposure to you is significant. Act quickly!

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202


You do not get to choose your judge and in your case, you may get the bad one by default as the other 2 may cite a conflict of interest.
Hire the best lawyer available in your area!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


I strongly recommend that you contact an attorney well versed in DUI defense. If you are convicted and your license is revoked and have 3 convictions in a 25 year span you may not be eligible for reinstatement by DMV for a period of 5 years beyond the statutory revocation. Judges have an ethical duty to recuse themselves if they are not able to be objective (ie personal friendships). Again - you need an attorney to attempt to work with the DA's office to try and get them to withdraw prosecution of the DWAI.


You get a pulic defender if you are indigent. Given your record I suggest you hire a criminal defense lawyer if you can.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


It is not your choice to "use" the public defender; if you are indigent you will qualify for a lawyer bought and paid for by the tax payers. As to your queries "does it help...." No, it does not. This is not a 3rd world country. Oh, and by the way, you need a good lawyer.