Legal Question in DUI Law in New York

Re: 3 dui's in 1 yr

All which you mentioned are possibilities, there is no specific requirement that you serve time in prison... im assuming that on the last charge you were charged DWI as a felony?

my officeh andles very many of these, and outside of NYC it is quite a bit easier to get more leniency such as you're looking for on such a matter. I would advise you to begin seeking treatment on your own for alcoholism, this when presented to the DA's office will be beneficial to your case...

if you have not yet done so HIRE A LAWYER to handle all of your open cases, having one person handle all cases creates a greater level of consistency and a greater chance of you securing a non jail disposition.

much luck.

Re: 3 dui's in 1 yr

Dear Sir,

This case history is far more typical than you might realize. DUI's are often 'bunched' around employment issues. In fact, that is how i likely would litigate the case.

I would push the notion that this has been a difficult period in your life and you have exhibited poor judgement during this period.

I would then emphasize changes since the last DUI and look to a diversion program. Taking the matter to trial is always an option, but as an attorney I go through each option one-at-a-time. [You can go from discussion diversion to trial but not from trial to diversion. The trial is the end-of-the-line defense.] Surprisingly, the defense has one of its best winning percentages in DUI's.

There are no guarentees, but most ADA's don't want to put non-predator defendants in jail if there is an alternative.

You mus understand: it is a really bad idea to be in the criminal justice system without a lawyer to guide you. A really bad idea.

Andrew Nitzberg

Re: 3 dui's in 1 yr

In terms of making a deal, it's not looking good. My advice would be to fight the DWI charge and hope something goes well along the way. Either this leads to the possibility of a better deal or you might get the charge dismissed.

Under the circumstances you describe, we would charge $7500 up front for the case in Scotia. This would cover everything up to trial. A trial, if necessary, would cost more. Trials are rare.