Legal Question in DUI Law in New York

What are may chances of doing time? Receiving a sentence?

I was arrested for DWI. I didn't take the breathalizer but they did videotape

me as I performed the physical test. I don't remember whether or not I

pleaded guilty or non guilty. when i appeared before the judge he

said''...entering a plea of not gulity'' but i had no chance to talk and the court

appt lawyer didn't address that with me at all and she won't return my calls. I

have a court appearance this month. However, i also have a court appearance

this month for a disorderly conduct arrest in manhattan, NY. this appearance

is first. what are my chances of being sentenced to prison, receiving time? i

am horrified by the thought. the DWI happened in staten island, NY.

Thank you

SJM


Asked on 1/30/06, 5:58 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: What are may chances of doing time? Receiving a sentence?

While Staten Island is very serious about DWI/DUI, this is what lawyers do. Provided this is your first such offense and there was no attendant traffic accident, a competant lawyer will enable you to avoid any jail time and likely get you a 'favorable disposition'.

I would look to an 'adjournment contemplating dismissal'. This is a form of probation where you would have no arrest record. Its an 'innocent' if you get through probation.

You can appear on the disorderly conduct BEFORE the court date indicated and, hopefully, pay a small fine (50/75 dollars) and end the dc (disorderly conduct) matter before the DUI comes before the court. (That way, the plea and small fine for the dc will not violate you on the acd for the DWI.)

I do this work on a regular basis and would be happy to discuss the matter with you. BRING ALL DOCUMENTS. I like reading court and other documents. Its why I became a lawyer. You never know what is important, and I might be able to make a silk purse out of your sows ear IF I get the sows ear from you!

Email is best for making an appointment.

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Answered on 1/31/06, 2:29 pm
Robert Evans Robert S. Evans esq.

Re: What are may chances of doing time? Receiving a sentence?

I need much more information before offering any real advise. The DWI arrest is much more serious than the DIS. CON.I would pay attention to that charge. I specialize in DWI/DUI defense and I would very much like to help you . I am listed in the phone directory or e-mail me with your phone # and I will provide a free phone consultation.

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Answered on 1/30/06, 7:30 pm


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