plea bargain possible?

[johnson08]

What is the name of your state? NY

How do i go about in obtaining a plea bargain for a DWI charge? If I blew a .07, should I plead not guilty or try for a plea bargain? What is the difference?

 

[Ohiogal]

Not guilty means you didn't do it -- a plea bargain means you agree to plead guilty or no contest in exchange for some punishment. As for what you should do -- that depends on what you are charged with and the exact facts of your case. Just because you were not at .08 does not mean however that you are not guilty of driving under the influence -- all it means is you didn't hit the level which is an automatic proof of guilt.

 

[johnson08]

From what i've read and what the officer told me, a plea bargain will usually result in a lesser charge? Since I got a DWI, I could possibly get it reduced to a DWAI since it is my first time ever getting arrested for anything, and since the .07 is under the legal limit, my chances are high. Is this correct to assume?

 

[garrula lingua]

You're speaking about a serious charge.
You should speak to a criminal defense atty about your case. Maybe s/he can get this reduced to a 'dry' and reckless, or obtain a similar reduced charge. Possibly, the facts in your case make it very 'triable' (defensible).

Don't proceed without speaking with a criminal defense attorney.

If your court date comes up before you speak with an atty, tell the Judge you need to speak with an atty & you'll either be referred to the Public Defender, or given a continuance to speak with an atty.

Even if you were ticketed, the Prosecutor may decide not to file charges.

 

[johnson08]

Even if you were ticketed, the Prosecutor may decide not to file charges.

On what criteria does the Prosecutor base this decision on?

 

[Bretagne]

Prosecutors have wide discretion whether or not to prosecute. If you blew under the legal limit (on the intoxylizer at the station, NOT the PBT at the side of the road) the prosecutor might charge you out with a lesser offense, or even none at all. And there is really nothing you can do to change the way the prosecutor will treat your charge.

But you should talk with an attorney before taking a plea bargain. Most people aren't aware that there are serious civil ramifications to the crime of DUI/DWI. Basically, there is an "implied consent" process administratively at work that may affect your driving privileges without you even knowing about it. This means that any plea you take, even to a lesser charge, could result in an "implied consent positive test" on your driving record that could stick for the rest of your life, or sneak up on you when/if you have a future violation.

 

[garrula lingua]

The Prosecutor will look at how bad the driving was (per the cop).
How poorly you completed the Field Sobriety Tests.
What symptomology was noted by the cop.
What your attitude was.
Whether you lied to the cop (no, I had no alcoholic beverage, at all)
If you stated you had used marijuana or taken any drugs (prescription or otherwise).
What your record is.
How old you are.

You may be charged with a 'dry'. You will know the charges on the day of court.

As Bret said, your driver's license will be suspended for several months if you plead guilty, or are convicted of a DUI/DWI.

Talk to an atty. You can appear at the court date 'pro se' (representing yourself - ask for a continuance to consult with an atty) and when you know the charges, hire an atty.
You may qualify for the PD.

 

[johnson08]

is it true that my on my first court date, the judge will take my license away on a temporary basis? Even though I have not been convicted of the DWI yet?

I have no idea what the first day will be like! Who talks to whom? I'm guessing they read over the incident report, and then ask the officer some questions? What is my role on the first day?

 

[porcelina68]

If this is your first offense, you will most likely be granted "time served" and be put on probation for a year or so. Either hire a criminal defense attorney or contact the court and have them assign a public defender to you immediately. You do not want to appear unrepresented.

 

[garrula lingua]

Your first appearance is the "Arraignment and Plea".
If the Prosecutor makes a good offer, you can plead out on the case in you first appearance. Your problem is, you can't tell what's a good deal.

People frequently appear 'pro se/pro per' representing themselves on the first appearance.
They get the information of what exact charges were filed and, possibly, an offer from the People to resolve the case. You can ask for the discovery to bring to the atty; it depends on the Judge as to whether s/he'll release that info.

They don't have to plead - they can ask the Judge to continue the A&P in order to hire an atty.
Some Judges don't want to continue the A&P (they want to move their calendar).
In those cases, the Judges will ask the defendant to plead (so, plead not guilty) and the Judge will set the case on the trial calendar. Then go see an atty.

 

[johnson08]

Your first appearance is the "Arraignment and Plea".
If the Prosecutor makes a good offer, you can plead out on the case in you first appearance. Your problem is, you can't tell what's a good deal.

People frequently appear 'pro se/pro per' representing themselves on the first appearance.
They get the information of what exact charges were filed and, possibly, an offer from the People to resolve the case. You can ask for the discovery to bring to the atty; it depends on the Judge as to whether s/he'll release that info.

They don't have to plead - they can ask the Judge to continue the A&P in order to hire an atty.
Some Judges don't want to continue the A&P (they want to move their calendar).
In those cases, the Judges will ask the defendant to plead (so, plead not guilty) and the Judge will set the case on the trial calendar. Then go see an atty.

Thanks.
So its not worth retaining an attorney until the first Arraignment and Plea is done with?
I've heard that attorneys can generally directly negotiate with the DA and resolve things without the need to even appear.
I got a consultation today and the atty basically said I shouldn't have been given a DWI ticket according to the situation and BAC level, etc. and that my whole situation is unlucky and BS on part of the officer.

 

[Bretagne]

I would retain an attorney before the arraignment. Yes, you may be able to avoid court and plead by mail, if you have an attorney. Remember that the issue of the revocation of your driver's license is seperate from the criminal matter. So if your attorney tells you he got the criminal matter dismissed or amended to a non-DUI offense, that is great, but you still need to make sure that the matter isn't staying on your driving record as a positive test.

 

[johnson08]

Actually I just got a mail from the DA...
They are willing to reduce the offense to DWAI if I plead guilty...which is now reasonable since i blew a .07
The consequences are some DD program, appearance at a victim panel, and suspension of license for 90 days.

Is it still preferable to hire an attorney? I would assume the only reason to hire an attorney at this point is if there any shot of getting this charge dropped completely?

 

[BigMistakeFl]

BigMistakeFl

It's kind of a craps-shoot since no one can accurately predict what your day in court will be like. You have to decide if you want to spend the money on a lawyer, a reason would be to go for "not guilty". Keep in mind that the lawyer's fee for everything up to a trial will differ from the fee he or she will want if the case goes to trial.