He is in a very tough spot because even the Driving While Impaired infraction results in a loss of the CDL for 1 year. What was his BAC? I had a case a few years ago where I was able to get the client a moving violation and save his CDL.
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 Eric@RothsteinLawNY.com. 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.
Unfortunately, any conviction for DWI or the reduced charge of DWAI would result in a loss of his CDL. He needs a good lawyer because his only shot of keeping his license would be successfully winning a trial.
Contact a good local attorney for consultation.
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.
Since his livelihood depends upon his CDL, get a good trial attorney and be prepared to hunker down if the prosecutor refuses to make an exception.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
Your need an attorney who can bring the case through trial because it is likely that he will have to fight the case all the way to have a chance at keeping his license. There are many facts about the case that you will need to discuss with an attorney. Some facts that will effect the case, and the ability to fight it, include the level of BAC, other moving violations charged and whether there was an accident. Understand that the prosecutor often hears the same tyoe of personal back-story that your son has, so it it not likely to help.
All comments and/or opinions are for general information, and do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.
I have handled these cases for 30 years and my office is statewide. Unless you win the trial he is going to lose his license for a year. I have won many DWI trials, but they are fact specific and I would need to know much more about his case to advise you. Your best chance is with an experienced attorney.Check uot my website and Avvo profile for ratings and reviews and the information you need to make the ll important decision as to which lawyer you retain.
John J. Carney Esq. 917 696 2363