Legal Question in DUI Law in New York

Re: dwi trial

More and more of these cases are going to trial on L.I. due to the new plea standards begun by DA Rice and followed by DA Spota. The truth of the matter is the defense loses MANY more trials then it wins, especially in Suffolk County where you still have a very conservative jury pool.

That being said, generally a refusal is easier to win as opposed to a case where the accused took the test and registered a high level. A lot depends on the surrounding facts (indications of intoxication especially) and the officer's testimony. Just as important is who the prosecutor is, who the Judge is, and who you choose to represent you at trial.

Choose wisely. Choose someone who is familiar with the jurisdiction where your case is being handled. Also choose someone who you feel connected to and who seems at ease with you and your case and ultimately someone you will then trust with his/her honest assessment of your case and chances at trial.

Re: dwi trial

This is a very complex issue. Some juries believe not taking the test indicates guilt, some however follow the court's instructions re: presumption of innocense. The percentages are hard to define.

Re: dwi trial

Very few cases go to trial. You have a much better chance without a reading, especially if you have a witness who was with you when arrested or just prior to the arrest.

You can research actual stats by calling the District attorney of the county or the NYS DA's Association.

If you are faced with a decision as to whether to go to trial on a refusal, take the following advice:

*Get a real trial lawyer who has tried at least 10-15 trials as a defense attorney.

*Expect to spend money... a lot of it. To get expert witnesses and prior testimony of the government's expert.

*expect to spend about 10-15k on your legal fee absent other costs.

*Getting a jury consultant is often a good expense.

If you are unrepresented and wish to discuss your case with me, I would be glad to speak to you about it. You can reach me by following the links below.

Good Luck