Legal Question in Criminal Law in New York

I was charged with these charges. got a bail of 75,000 . The problem is i got charged for the same thing( Assault 2nd) and got a felony with 5 year probation in 1998 . I have dwi case pending. And now this this . I dont want to do time. I dont want to plead guilty to my dwi, bc i will end up with a misdemeanor. Which im sure that will be a problem if i get a felony with the current charges. Any opinions?


Asked on 6/01/11, 3:24 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

It's very difficult to beat a dwi case especially if there are breathalyzer results... The plea on that case, or a conviction, very well may greatly affect the current case... Youre right.

I would suggest hiring a good defense attorney to look into the case and to assist you with your cases. If you would be interested in hiring an attorney contact us at 212-405-2234

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Answered on 6/01/11, 3:51 pm
John Campbell Law Office Of John Campbell

I would have to respectfully disagree with my learned colleague; Carlos Gonzalez. I focus my practice on DWI defense and in the last 24 months I have won 7 DWI trials against only 1 loss. DWI cases present one of the most, if not the most complex case a defense attorney will ever encounter IF the defense attorney handles the case properly. It is in the complexities that competent DWI attorneys can prevail. I have studied DWI defense extensively and I am certified in DUI Detection and Field Sobriety Testing by Blackwater Worldwide. In addition to my extensive study on the laws, science and procedure associated with DWI defense, I have also taken countless classes on DWI defense. And, as I indicated, my extensive training in DWI defense has enabled me to achieve excellent results for my clients. Keep in mind however, my past results do not guarantee a particular result in your case.

A breathalyzer result can be attacked in several areas. A lot depends on the result. Obviously a very high result can be more difficult to beat. I need more details before I can give my opinion on where the test might be attacked. When did you last drink before the test is critical because whether you were in the "absortive" stage or the "elimination" stage has major impact on the accuracy of the result and the state's toxicologist will admit this. If you had a very high score but look fine on the video (if any) we can argue to the jury that the test must be wrong because you look fine on the video.

However, the first area of attack is the initial police stop. How did you come into contact with the police. Was the your stop legal? Feel free to call me to discuss your case further. John 1-877-377-8666 / www.888DwiCounsel.com

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Answered on 6/02/11, 11:45 am


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