Legal Question in DUI Law in New York

DWI ''Open Hearing''

I was in court with my legal aid and I am planning to get a private criminal lawyer very soon. My case is in the New York Criminal Court. I was arrested for VTL 1192-3. The reason I was arrested was because I got into an accident and when the police officer came they had smelled alcohol on my breath and they observed an open container in my car. I refused the breath test. I have been to Court 4 times and the District Attorney has not obtained a car damage estimate for the car I was in an accident with, so they did not have an offer for my case. In the most recent Court hearing, they did have an offer, but the judge did not ask my lawyer or me if I was willing to accept it. Anyway, the judge gave us another court date to came back and he said that there would be a ''Open Hearing'' on my case. I have 6 seperate questions: (1) What is an Open Hearing on a DWI case and what does it consist of, do I have to speak on that date, does my lawyer have to prepare me. (2) Will my case be over on that day of the Open hearing''. (2) If I speak to my lawyer and I'm acceptable to their offer, can my lawyer just speak to the District Attorney before the New Court date and accept it and not have to go to the ''Open hearing''. Thank You.


Asked on 11/08/07, 12:37 pm

2 Answers from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: DWI ''Open Hearing''

There are a number of different hearings you can have in a case of this nature, which normally take place at the same time and before trial. I am unaware of any type of hearing that is called an "open hearing", this may just mean that the judge intends to leave the hearing open after the next date so that they may hear additional evidence at a later time. Your case will not necessarily be over on the hearing date. You may testify at a hearing if you wish to, although you can not be required to do so. If you are going to testify then your attorney would need to go over your testimony with you and explain the process. If you wish to plea guilty you will need to go to court on the next date to do so. When you plead guilty this is done in court on the record. Please feel free to contact my office if we may be of any assistance to you in this matter.

Read more
Answered on 11/08/07, 12:54 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: DWI ''Open Hearing''

If you have an attorney yet felt it necessary to submit your questions here and not to your attorney you probably should change your attorney. I agree.

Never heard of an Open Hearing. But any sort of "hearing" involves testimony. That does not mean you have to take the stand unless your attorney thinks you should.

When/if you take a plea you will have to plead guilty in court and answer questions from the DA/Judge about "voluntarily pleading guilty, understand pleading guilty", etc.

If you were given an acceptable plea offer, have your attorney call the DA and take the plea. The Judge most likely will go along with it.

Read more
Answered on 11/09/07, 8:37 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in New York