I am" happy" with the result, and know I can't change it at this point, I just want attorney's opinions on if I made the best choice.
My first DWI arrest resulted in a .12 bac, and was reduced to a dwai by plea bargain on arraignment. My second DWI arrest was treated as a first offense, since the first was plead down, and my BAC was .14.
The second arrest happened in less than a year from the first arrest. Proceedings took place in Tonawanda's Town Court. Now, the arrest happened because the arresting officer heard me get a flat tire, and heard the sound of the tire as i was driving. I pulled into a parking lot, and tried to go toward the store to ask to use the phone to get AAA. Long story short, refused RSBT, only passed one leg stand.the reason why i plea bargain was given was because the legality of the stop was questioned. The asst da was not sure if it was legal for the cop to pull me over if i safely pulled into a parking lot after driving a short distance on a flat. There were several court dates for this, mostly backroom negotiating, but never went through with a suppression hearing, or trial (just because court was continuously adjourned due to negotiation. Would I have been better off going to trial, or did I make the right choice taking the plea?
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