Legal Question in DUI Law in New York

Do I plead to an E felony DWI conviction in NY State when my last offense was 9 years 10 months prior?

At the end of August a received a DWI arrest with a BAC of .13% after a traffic stop for a broken headlight. I blew a .20% in October of 2007 and received 3 years probation. I also had a DWAI arrest in 2001. The gravity of my situation comes from the fact that this is a second conviction within 10 years and also strike three. I have been told that the judge assigned is tough on these cases. The ADA offer is for an Class E felony including 5 years probation among other fines/restrictions. My current lawyer says I should take the deal since it keeps me out of jail. I'd worried about my prospects with a felony on my record but my case is so borderline that I'm uncertain if I should take the deal. I feel a felony is excessive with the time frame and circumstances (no accident, excessive BAC, passed 1/2 the field sobriety tests, etc.) What's the worst case scenario if this does go to grand jury? Is it folly to try and fight this?


Asked on 1/11/18, 4:25 pm

1 Answer from Attorneys
Zev Goldstein Law Office of Zev Goldstein PLLC www.ZevGoldsteinLaw.com

You haven't mentioned a single problem with the case. We don't know if the proof is good, or not. How are we supposed to answer your question based on the information you provided us here?

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Answered on 1/11/18, 6:34 pm


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