Legal Question in Criminal Law in New York

my son was arrestd last night after a bar fight, he was sitting in his truck with it running (but had not driven) he was charged with assault and DWI (aggrivated?) He was released several hours later and walked back to his truck. He was stopped and arrested again for DWI (just over the limit)

what kind of sentence can he expect


Asked on 12/31/11, 4:56 pm

1 Answer from Attorneys

Stuart Austin Austin Law Associates, PC

It would depend on what his prior record is as well as what the intoxilyzer reading was. Also was he charged with assault as a misdemeanor or felony. Lastly, based on the factual scenario you gave, I have some reservations about the way the police handled his release and the securing of the vehicle. Feel free to call the office if you wish to discuss the case in more depth.

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Answered on 1/01/12, 8:38 am


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