You have a bigger problem then probation in Nassau County: (1) you will likely get jail time, and (2) with the new regulations you will not get a license back after a 3rd alcohol related conviction until around 2024 if at all.
The Nassau County DA has a no plea policy on DWI cases. I have gotten exceptions to the policy but given your record you may face the choice of making your best deal with the judge on the top charge or going to trial.
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Possible--sure. Easy, not really. It would be difficult. The best way would be to take the case to a hearing and see if you can weaken the DA's case forcing them to make a better offer.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
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.
While it may be legally permissible, Nassau County is known for their tough plea bargains on DWI cases. If this was your first DWI ever, you may have had a shot but on your third, I would anticipate that they will be offering a split jail/probation sentence.
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As you posted elsewhere that you are not afraid of jail rather than probation, and since you are likely to get little consideration from the DA, you should consult an excellent DWI trial attorney and hunker down for a showdown.
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