Charge with dwi the offer from the da is to plead down to a Dwai and a conditional discharge, at the end of the one year of the conditional discharge does the charge get dismiss or the case, the other question i have at the DMV hearing for the refusal the case got dismiss does that help with the criminal court case, the said it was no probable cause for an arrest.This happen in new York westchester county
DWAI is a traffic infraction and not a crime. Depending on the facts and circumstances of your case, it is/was probably a very decent offer. This is something that you should discuss with your attorney. If you don’t already have an attorney, get one and don’t do anything without one. If you do or did take the plea and receive/d the conditional discharge the case doesn’t get dismissed. The case was resolved with a sentence of a conditional discharge on the traffic infraction. You will be able to truthfully respond that you have never been convicted of a crime but there will still be a record of it on your driver’s license abstract for at least ten years. The outcome of the DMV refusal hearing will not have any bearing on the criminal case.
While it is certainly encouraging that they found no probable cause for an arrest, it is not binding in any way on a criminal court judge who will be asked to answer that same question. As an aside, a criminal court determination would be binding on a DMV judge but it doesn't work the other way around. DWAI is a traffic infraction not a crime. So while it wouldn't leave you with a "criminal" record, (and doesn't get dismissed) it does not seal like a disorderly conduct does. Before deciding whether to plea to the impaired you really need to have an experienced DWI lawyer evaluate your case. If a judge finds that there was no probable cause to make an arrest, 1) there was probably very little evidence of intoxication and 2) some of the evidence that the DA wants to use against you may get thrown out.
I am a former prosecutor with over 15 years experience specializing in criminal law cases.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
If you plead guilty to Driving While Ability Impaired, that is a traffic infraction. It does not get dismissed and it does not seal. It will show up if you get arrested again and on a background search.
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) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
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