Priors in Saratoga

[SaratogaCP]

What is the name of your state (only U.S. law)? NY, Saratoga County

Couple of questions concerning a buddy.

Background: 1 DWI 3 years ago pled down to a DWAI in Saratoga County.

Current: Charged with ADWI 1.8 or more), DWI and numerous violations (no seatbelt, swerving, refusal of FST) in the same County, Saratoga.

Questions: 1. How can one be charged with a DWI and ADWI during the same stop?

2. It is my understanding that if the stops occur in the same county they can not be pled down.

3. Initially the police did not see the prior so charged with misd, not a felony.

4. Could this be bumped to a felony and what are the possible (probable) outcomes?



Thanks,

Ralph C.

 

[FlyingRon]

Questions: 1. How can one be charged with a DWI and ADWI during the same stop?

They add the additional charges on subsequent lines on the form.

2. It is my understanding that if the stops occur in the same county they can not be pled down.

While plea bargains were discretionary with the prosecutor (who generally had his own policy from county to county) before. Since 2006, it's been more restricted by statute.

3. Initially the police did not see the prior so charged with misd, not a felony.
4. Could this be bumped to a felony and what are the possible (probable) outcomes?

It could always be amended. But If you were convicted of DWAI (alcohol) as your only prior, it would appear that it should not be a felony. The felony requires a prior violation of one of the sections involving DWI, ADWI, or DWAI/DWI involving drugs.



Thanks,

Ralph C.[/QUOTE]

 

[SaratogaCP]

Thanks Ron,

Just wondering if the DWAI (was actually a DWI that was pled down), does that count as a DWAI or DWI?

Also, the DWI and ADWI were issued as seperate tickets. What's the prupose of that? I sometimes see people getting charged with 2-3 DWIs in the paper on the same stop.

He got like 5 or 6 tickets that night. He refused the FST (not the breathalyzer) he just said to take him in but, they marked it as as FST refusal.

Thanks again!

 

[FlyingRon]

Thanks Ron,

Just wondering if the DWAI (was actually a DWI that was pled down), does that count as a DWAI or DWI?

Only matters what you were actually convicted of (DWAI).

Also, the DWI and ADWI were issued as seperate tickets. What's the prupose of that? I sometimes see people getting charged with 2-3 DWIs in the paper on the same stop.

Optimal prosecution flexibility.

He got like 5 or 6 tickets that night. He refused the FST (not the breathalyzer) he just said to take him in but, they marked it as as FST refusal.

They can certainly note he refused the FST's but it's not a crime he can be charged with.

 

[SaratogaCP]

Thanks again Ron!

Could the fact that he refused the FST be regarded as refusing a breathalyzer?

Much appreciated!

 

[FlyingRon]

Thanks again Ron!

Could the fact that he refused the FST be regarded as refusing a breathalyzer?

Much appreciated!

Nope. There's no requirement to submit to the pre-arrest FSTs or PBT in the field.

 

[SaratogaCP]

Thanks again Ron!

So, his court date is in two weeks.

Think he is looking at jail, license revocation, suspension Community service?

Again, this is not me. I learned my leason when I was 20 on a DWAI 18 years ago ~