Lawyers and drunks, to me! DWI in New York....ASKING FOR A FRIEND!

Started by Berkut, February 25, 2019, 12:18:55 AM

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Berkut

February 25, 2019, 12:18:55 AM
Seriously, I really am asking for a friend. I don't really drink much, and almost never to intoxication, and sure as hell don't drive.


But a friend of mine did. DWI limit in the state is .08, and they blew .09. Charged with DWI.


Trying to help them figure out what they need to do. I am assuming a lawyer is necessary, but the cost of that is high - thousands? I don't even know.


What is the delta between hiring a dedicated DWI lawyer, and trying to handle it yourself?


Anyone know of anyone in New York (supposedly some of the harshest DWI laws in the country) who has gone through this? Or know actual lawyers?


There are so many online places with advertising, but no real way to actually evaluate them comparatively. At least not that I can tell. I am going to ask my lawyer tomorrow if they can recommend someone.


Facts of the case:


Failed FST
Failed breathalyzer with .09 reading.
First time offender
No other criminal history


I am thinking what they should be hoping for is to get the charge reduced as part of a plea bargain to the lower DWAI charge, which is a traffic violation rather than a misdemeanor?
"If you think this has a happy ending, then you haven't been paying attention."

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DGuller

#1
February 25, 2019, 12:53:17 AM
I have Weiss & Associates handle my NYC speeding ticket.  I don't know how good they are at lawyering, since my court date will be sometime in the 22nd century, but I've been very impressed with the level of professionalism of their firm.

The Minsky Moment

#2
February 25, 2019, 03:07:00 AM
There are a number of firms that specialize in motor vehicle citations and infractions.  I'm familiar with Tilem & Associates but they are located in Westchester County.
On a DWI probably should get counsel.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Tamas

#3
February 25, 2019, 03:45:24 AM
[Ed Anger] Make sure to get a Jewish lawyer[\Ed Anger]

Sophie Scholl

#4
February 25, 2019, 03:59:00 AM
Call Tom Anelli, The DWI Guy.  (Presuming his annoying ads made it to your part of the state.)  In all honesty, get a lawyer and probably one who specializes in the field.  A lot of times there are tricks and tools to utilize to minimize the punishment.  Knowing many people over the years who have gotten from one to many (years of working in the bar industry will do that), I would say any chance to get the charges dropped or at least downgraded is worth the cost.
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dps

#5
February 25, 2019, 04:35:29 AM
I assume that the goal here it to avoid getting your friend's driver's license suspended for any significant length of time, correct?

Malthus

#6
February 25, 2019, 08:59:58 AM
DEFINITELY get counsel. Even if only to inform your friend of the implications. 

Depending on the jurisdiction, a DUI can have serious effects: for example, you can be turned back at the Canadian border.

What I advise is hiring a lawyer to advise your friend about what his options are, and possibly to take the matter through the courts. I would not, under any circumstances, do so without advice.

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

crazy canuck

#7
February 25, 2019, 11:15:47 AM
Quote from: Berkut on February 25, 2019, 12:18:55 AM
Trying to help them figure out what they need to do. I am assuming a lawyer is necessary, but the cost of that is high - thousands? I don't even know.

Correct


QuoteWhat is the delta between hiring a dedicated DWI lawyer, and trying to handle it yourself?

The difference between Trump as President and a competent President


QuoteAnyone know of anyone in New York (supposedly some of the harshest DWI laws in the country) who has gone through this? Or know actual lawyers?

JR is probably your best referral source



Quote
I am thinking what they should be hoping for is to get the charge reduced as part of a plea bargain to the lower DWAI charge, which is a traffic violation rather than a misdemeanor?

This is the sort of thing that can have significant negative consequences and your friend needs to have a lawyer in that jurisdiction who does this work to know how best to handle it.  This can be one of the first questions to ask that lawyer.

dps

#8
February 25, 2019, 11:33:54 AM
I think your friend is going to find that it's hard to plea-bargain down a DUI.  Back in the 70s, I knew several people who got charged with DUIs and plea-bargained it down, but by the mid-80s, DUI was being taken much more seriously, and public sentiment against drunk drivers meant prosecutors were generally not willing to offer a deal, especially since, if the accused had failed a breathalyzer test, it was pretty much an open-and-shut case.  I not aware of anyone I know being charged with a DUI recently, though, so maybe things have shifted back. 

mongers

#9
February 25, 2019, 11:47:42 AM
Maybe the chap should just accept 'the charges', plea whatever real extenuating circumstances there are and recognise it as a valuable life lesson; namely to drive a vehicle whilst intoxicated is a hazardous thing for other road users and he's lucky no one has hurt due to his impaired state.
"We have it in our power to begin the world over again"

garbon

#10
February 25, 2019, 12:02:23 PM
Quote from: mongers on February 25, 2019, 11:47:42 AM
Maybe the chap should just accept 'the charges', plea whatever real extenuating circumstances there are and recognise it as a valuable life lesson; namely to drive a vehicle whilst intoxicated is a hazardous thing for other road users and he's lucky no one has hurt due to his impaired state.


Maybe though at the same time, happily accepting a misdemeanor sounds like a mistake.
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crazy canuck

#11
February 25, 2019, 12:05:31 PM
Quote from: mongers on February 25, 2019, 11:47:42 AM
Maybe the chap should just accept 'the charges', plea whatever real extenuating circumstances there are and recognise it as a valuable life lesson; namely to drive a vehicle whilst intoxicated is a hazardous thing for other road users and he's lucky no one has hurt due to his impaired state.

In a world where justice is perfect and all knowing, yes.  But no one has ever accused the US Justice System (or any other) of that.  Mistakes are made and perhaps this fellow has a good defence.  Only a lawyer can help him with that.

derspiess

#12
February 25, 2019, 12:07:18 PM
I'm going to mongers for all my legal advice from now on!
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

dps

#13
February 25, 2019, 12:17:05 PM
Quote from: crazy canuck on February 25, 2019, 12:05:31 PM
Quote from: mongers on February 25, 2019, 11:47:42 AM
Maybe the chap should just accept 'the charges', plea whatever real extenuating circumstances there are and recognise it as a valuable life lesson; namely to drive a vehicle whilst intoxicated is a hazardous thing for other road users and he's lucky no one has hurt due to his impaired state.

In a world where justice is perfect and all knowing, yes.  But no one has ever accused the US Justice System (or any other) of that.  Mistakes are made and perhaps this fellow has a good defence.  Only a lawyer can help him with that.

About the only defense that I can think of that might work would be if it could somehow be demonstrated that the breathalyzer used for his test was faulty or defective--and even then he might well be convicted based on the field sobriety test.  I'm very skeptical that a lawyer is going to get the charges dismissed or have Berkut's friend found not guilty.  However, a lawyer may be able to help him get a minimal punishment.

Habbaku

#14
February 25, 2019, 12:19:04 PM
Lawyering up and using money to influence the justice system is a time-honored tradition in the USA. They should use every legal means at their disposal to reduce whatever punishment might be forthcoming.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

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