Legal Question in DUI Law in New York

18 years old and got DWI

This question is very important to me because I see myself as the person to learn from my mistake and let my mistake be the punishment. I recently got in a car accident where no one was injured except I was under the influence of alcohol. I was very cooperative with the cops and did everything they told me too. I did infact take the breathalizer test and got a .13 BAC. This happened to me on December 9th, 2006. The seriousness of this question is that earlier on November 28th I was pulled over by a cop and had the possesion of 1g of marijauna. I have gone to the court date for that on December 18th and got charged with an ACD. My question is that since I was charged for the ACD on December 18th and got in my DWI accident on December 9th will the DWI affect my ACD? Keep in mind I still havent gone to my court date for the DWI yet.. that is on January 9th.


Asked on 12/19/06, 3:28 pm

3 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: 18 years old and got DWI

I can understand why this quetion is very important to you. Generally an ACD is given under the condition that you not get in trouble again during a six month period after sentencing. Since you have not been sentenced yet on this matter you may very well be seen as having violated the conditions of the offer and the offer may be revoked. It would be to your advantage to find a competent private attorney to assit you with this matter. It may be possible to work out a deal where the ACD may be permitted to stand or a similar disposition so you wont have any criminal record associated with this case... As far as the DWI it is also extremely important to have proper counsel, as if you are ever caught driving unde rthe influence again you may be facing a mandatory minimum one year of prison time.

PLEASE contact my office for further assistance on this case. We regulalry assist people in your circumstances. You can contact us at the email address below or at 2127098303

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Answered on 12/19/06, 3:44 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: 18 years old and got DWI

OK - while your information is insufficient to answer the question with confidence, I will do my best.

1. you are welcome to ask a follow-up question to me directly through email.

2. an 'ACD' is an 'adjournment in contemplation of dismissal'. While i am assuming this is a second offense under PL 221.10 (criminal possession in the 5th degree) because of the amount you indicate (1 gram), I do not know what specific crime this plea arrangement addressed. If it were a first offense, then it would be a minor fine and no risk of imprisonment and there would be a conviction and not an ACD.

3. So, you got an ACD on a 2nd offense under PL 221 and now have a possible DUI and you are concerned that this DUI will 'violate' you on the ACD and cause a conviction under PL 221.

4. The answer is: if you are convicted of the DUI, then YES, that would violate (and convict you) under PL 221.

5. But this is what lawyers are for. It is highly likely that an experienced attorney can prevent the violation/conviction under 221.

And so, I suggest that you retain an experienced attorney to help you with this problem. You CAN be helped.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 12/19/06, 3:48 pm
Robert Evans Robert S. Evans esq.

Re: 18 years old and got DWI

You have a very difficult question to answer, you may have received a 170.55 or a 170.56 ACD these are different. In most cases ACD'S are not restored, however the DWI is a serious charge. You must get competent counsel. I handle these matters routinely,please go to my web site . I offer free phone consultations,call my office @7188340087 and we'll help further.

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Answered on 12/19/06, 5:17 pm


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