Advice needed: Fight or Take Plea Offer? Please Help!

[moronta]

What is the name of your state (only U.S. law)? New York

I was pulled over a few months back in New Paltz, NY. The officer pulled me over for an illegal u-turn, he told me I can't make a u-turn within 100 feet of an intersection. I had 3 other friends in the car. I made a U-turn in a two-way street. He gave me the FST and took readings of my BAC twice at the site and once at the precinct. He told me my BAC was 0.09.

I went to the hearing and was assigned a Public Defender. He reviewed my case and said there seems to be no probable cause according to what the officer told me and what the law he observed for pulling me over, which is the following:

§ 1160. Required position and method of turning at intersections

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway or, where travel on the shoulder or slope has been authorized, from the shoulder or slope.

(b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane of the roadway lawfully available to traffic moving in the direction of travel of such vehicle or, where travel on the shoulder or slope has been authorized, from the shoulder or slope, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

(d) When markers, buttons, signs, or other markings are placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, signs, or other markings.

(e) U-turns. U-turns shall be made from and to that portion of the highway nearest the marked center line. Where more than one lane of a highway has been designated for left turns, U-turns shall be made only from the lane so designated that is adjacent to the marked center line.

§ 1161. U turns in certain areas prohibited

No motor vehicle shall make a U turn upon any curve, or upon the approach to, or near the crest of a grade, where such motor vehicle cannot be seen by the driver of any other motor vehicle approaching from either direction within five hundred feet.


It doesn't say anything about making a U-Turn within 100 feet of an intersection. The public defender said there's a good case but I could lose and would then face a criminal charge. There is an offer by the DA to take a DWAI, which is a violation that comes with fines and license suspension.

The Public Defender spoke with the officer and he e-mailed me with answers to some of my questions. He wrote the following (his answers are capitalized):

----Start-----
What law # did the officer cite 1160 or 1161?

IT DOESN'T MATTER WHAT SECTION OF THE LAW HE OBSERVED, AS LONG AS HE STATES THE FACTS SUPPORTING A TRAFFIC STOP


What did he
state at the hearing that was held with the judge, the DA and
yourself?

THERE WAS NO HEARING W/ THE JUDGE; JUST ME AND THE OFFICER; THE ONE OMISSION I FOUND WAS THAT THERE WAS NO DISCUSSION ABOUT OTHER VEHICLES NOT BEING ABLE TO SEE YOUR VEHICLE (1161).

I asked him to elaborate on his convo with the officer and he replied with the following:

"He did not mention anything about other vehicles not be able to see you. But this testimony could be elicited during the hearing. He was somewhat vague about the u-turn and exactly where it occured."

Is there any way for you to see what he wrote in his report?

IT WON'T HELP; I CAN SEE IT AT THE HEARING


When I was pulled over I was told by the officer that a U-Turn is not
allowed within 100 feet from an intersection. I don't see that written
anywhere in the prohibitions. The only mention of distance is that I
must be visible within 500 feet.

THAT'S RIGHT.


Can you clear things up for me so that we can go from there?

Also, is there anyway to challenge the machine used to read my BAC? I
was over by .01; there could have been some margin of error.

EVEN IF THERE WAS A MARGIN OF ERROR IT WILL ONLY GET YOU A DWAI (A VIOLATION) WHICH IS THE OFFER.

---End-----

Is there anyone that has some advice on where I should take it from here. I have a suppression hearing in about a month (the judge, the officer, the DA, the Public defender, and myself) to challenge the probable cause. But, I still have time to take the offer before then.

Should I try to challenge this or just settle with the plea bargain. I have no priors, but I am nervous that the Public Defender is not or may not have the time to put into my case.

I hear it is impossible to change to a private lawyer at this point. Any advice is greatly appreciated.

Thank you.What is the name of your state (only U.S. law)?

[Florida Lawyer]

First: It is not impossible to change lawyers (provided you can afford one). Firing a Public Defender should be easy.

Second: Based on the information you have provided, I would fight it. What do you really have to lose? You win at court you have NO record. You lose and they convict you of DUI you have fines and suspended license with some community service??? (is this your 1st offense?)

As for challenging the test results, depending on the machine used there are some challenges available to you, but remember the machine is not the only evidence of the infraction and even if the machine is found in error it's no guarantee that the case is dismissed (it's very helpful to you though).

Your best option is to challenge the legality of the stop (based on the information you provided). If the officer had no legal basis for the stop then there is no probable cause and there is no DUI charge.

[HomeGuru]

Originally Posted by moronta

What is the name of your state (only U.S. law)? New York

I was pulled over a few months back in New Paltz, NY. The officer pulled me over for an illegal u-turn, he told me I can't make a u-turn within 100 feet of an intersection. I had 3 other friends in the car. I made a U-turn in a two-way street. He gave me the FST and took readings of my BAC twice at the site and once at the precinct. He told me my BAC was 0.09.

I went to the hearing and was assigned a Public Defender. He reviewed my case and said there seems to be no probable cause according to what the officer told me and what the law he observed for pulling me over, which is the following:

§ 1160. Required position and method of turning at intersections

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway or, where travel on the shoulder or slope has been authorized, from the shoulder or slope.

(b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane of the roadway lawfully available to traffic moving in the direction of travel of such vehicle or, where travel on the shoulder or slope has been authorized, from the shoulder or slope, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

(d) When markers, buttons, signs, or other markings are placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, signs, or other markings.

(e) U-turns. U-turns shall be made from and to that portion of the highway nearest the marked center line. Where more than one lane of a highway has been designated for left turns, U-turns shall be made only from the lane so designated that is adjacent to the marked center line.

§ 1161. U turns in certain areas prohibited

No motor vehicle shall make a U turn upon any curve, or upon the approach to, or near the crest of a grade, where such motor vehicle cannot be seen by the driver of any other motor vehicle approaching from either direction within five hundred feet.


It doesn't say anything about making a U-Turn within 100 feet of an intersection. The public defender said there's a good case but I could lose and would then face a criminal charge. There is an offer by the DA to take a DWAI, which is a violation that comes with fines and license suspension.

The Public Defender spoke with the officer and he e-mailed me with answers to some of my questions. He wrote the following (his answers are capitalized):

----Start-----
What law # did the officer cite 1160 or 1161?

IT DOESN'T MATTER WHAT SECTION OF THE LAW HE OBSERVED, AS LONG AS HE STATES THE FACTS SUPPORTING A TRAFFIC STOP


What did he
state at the hearing that was held with the judge, the DA and
yourself?

THERE WAS NO HEARING W/ THE JUDGE; JUST ME AND THE OFFICER; THE ONE OMISSION I FOUND WAS THAT THERE WAS NO DISCUSSION ABOUT OTHER VEHICLES NOT BEING ABLE TO SEE YOUR VEHICLE (1161).

I asked him to elaborate on his convo with the officer and he replied with the following:

"He did not mention anything about other vehicles not be able to see you. But this testimony could be elicited during the hearing. He was somewhat vague about the u-turn and exactly where it occured."

Is there any way for you to see what he wrote in his report?

IT WON'T HELP; I CAN SEE IT AT THE HEARING


When I was pulled over I was told by the officer that a U-Turn is not
allowed within 100 feet from an intersection. I don't see that written
anywhere in the prohibitions. The only mention of distance is that I
must be visible within 500 feet.

THAT'S RIGHT.


Can you clear things up for me so that we can go from there?

Also, is there anyway to challenge the machine used to read my BAC? I
was over by .01; there could have been some margin of error.

EVEN IF THERE WAS A MARGIN OF ERROR IT WILL ONLY GET YOU A DWAI (A VIOLATION) WHICH IS THE OFFER.

---End-----

Is there anyone that has some advice on where I should take it from here. I have a suppression hearing in about a month (the judge, the officer, the DA, the Public defender, and myself) to challenge the probable cause. But, I still have time to take the offer before then.

Should I try to challenge this or just settle with the plea bargain. I have no priors, but I am nervous that the Public Defender is not or may not have the time to put into my case.

I hear it is impossible to change to a private lawyer at this point. Any advice is greatly appreciated.

Thank you.What is the name of your state (only U.S. law)?

**A: use the money that you would have spent on buying booze and hire a good attorney.

[moronta]

Yes, this is my first offense. The public defender seems as if hes trying to indirectly convince me to take the plea. Making it easier for him and beneficial to the court/state.

How would I fire the public Defender? Should I make calls to DUI lawyers in this county to ask them?

I dont really have money but I am willing to invest if I have a good case in order to get this dismissed.

Thanks for the replies.

[seniorjudge]

Q: How would I fire the public Defender?

A: "You're fired!"



Q: Should I make calls to DUI lawyers in this county to ask them?

A: Ask them what?

[moronta]

Ask them if they are willing to take my case considering I have already been assigned a PD by the judge; or what my best option is, the plea or challenge the stop.

There's a lot to lose. If I take the offer, the charge is a DWAI, it is a violation, license suspension, Drunk Driving Program classes, and a $250 assessment to NYS DMV for 3 years. Along, with fines for the stop and the DWAI.

If the suppression motion on the stop is denied by the judge then there is no plea offer and I'm looking at a DWI, misdemeanor charge. My next step would be to go to trial.

Right now, I am tempted to take the offer but I think there's a chance to get this dropped. I am unsure if I should take the risk, because it seems as if the Public Defender is trying to indirectly convince me to take the offer, to save him time and benefit the court/county.

When I told him of my decision to want to try to win this he said this:

Me: "I understand that the offer is a violation. However, if I have a strong case to get this dismissed I want to take the opportunity to do so. I am going into graduate school and currently I am unemployed. I do not have the means to pay the fines and fees associated with the violation."

Him:"You should understand that the fines and fees (including I believe insurance) are a lot more for a misdemenaor conviction and if asked for a job interview/application if you've been convicted of a crime the answer would be yes if we lose the trial and suppression motion. The court is understanding that you would need time to make payments if that is truly your concern."

Any other advice on my next steps?