NY DWI: Any and all input appreciated!

[justsomeqs]

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

I was pulled over for and received a DWI a month prior to my 21 birthday. I know that I messed up and decided to drink and drive. Biggest mistake I have made and I understand that. Now that we have that out of the way:

When I was pulled over I received the following tickets:
Crossed Double Solid Yellow Line - Violation 1126A
Common Law DWI - Violation 11923
BAC Over .10 - Violation 11922
Aggravated DWI - Violation 11922A
(I blew a .203 on the roadside and a .18 for the one given in the mobile unit)

I went to my arraignment and because I did not qualify for a public defender he scheduled my next court date for 12/8. I recently called one lawyer and in so many words she told me "you are screwed.". This was not exactly much help for me and right after I called a very well known law firm that specializes in DWI cases only. I was set up with an appointment and met with him. Within 10 minutes of going over the paperwork that will be presented against me, just a few inconsistencies that he found were as follow:

1) The original officer stated that he pulled me over because while he was stopped at a red light he noticed that my left front and left rear tires crossed the double solid yellow line as I crossed the intersection from his left to his right. The lawyer stated he is unsure of how he saw that when that side of the car was not even facing him.
(After he pulled me over and took my license and registration, he left and another police officer and an officer in training took over and performed sobriety tests)
2) The second officer wrote in the report that several tests were not performed but then it went on at the bottom that I failed two of those tests that she stated were not even administered.
3) I was given a road side breathalyzer and after that she wrote my ticket for an aggravated assault 2 hours before I even blew my official breathalyzer in the mobile unit.
4)In the original officers report he stated that he smelled "a faint odor of an alcoholic beverage as he spoke to me" but in the written report by the second it was marked down as "Strong smell of alcohol from breathe".

There were other details that he was saying just don't look right but told me when it comes down to it, they all might just not be enough for a reason to take it to trial. He was very straight forward with me and said that because of the situation of it being an aggravated DWI and because I was underage at the time it would be difficult. He also stated that because it was a first offense, I have no prior arrests with only one ticket on my record, and because it happened so close to me being 21 that that he would shoot for it to be lowered to a standard DWI with the minimum fee without probation. Basically I am just looking for a little input from some people on whether this sounds reasonable or not. My first thought is that he is a great lawyer and he has been recommended by many and he really knows his stuff so it makes me think that I should stick with him and see that as the best viable solution. Another part of me thinks that if it could get better somehow I would obviously like to go that route. appreciated

ANY little bit of help would be great, I know I royally screwed up and I have truly learned from it even before it has begun. I am willing to accept whatever charge is given, but you can't blame a guy for wanting the best deal. Sorry for the long winded response but I read several posts that have been made and thought I would lay out the whole situation up front instead of wasting peoples time with leaving holes. Thanks in advance!

 

[FlyingRon]

Your lawyer would know better than us.

He can try to impeach the cause for the initial stop which would invalidate the rest of what follows. The other looks like fishing. You have per se evidence by the breath test. The FSTs are icing on the cake if they are admissible. They don't need to test results to charge you, just convict you.

 

[cyjeff]

I will also say that blowing .203 and .18 is going to severely impact your case.

 

[justsomeqs]

Thanks for the input. Yeah he told me because of the amount blown they might just say all of those imperfections still don't matter and by taking it to a trial it would make the outcome worse for me if it failed.

 

[BL]

If the officer testifies he at least seen the front of the vehicle over the line and your vehicle was otherwise straight , it would be presumed the back was over the line as well .

Once you blow a significant BAC , it would be a long shot to impeach the testimony of observing you over the line .

 

[justsomeqs]

If the officer testifies he at least seen the front of the vehicle over the line and your vehicle was otherwise straight , it would be presumed the back was over the line as well .

Once you blow a significant BAC , it would be a long shot to impeach the testimony of observing you over the line .

His statement was that he noticed the two tires that were not in his view cross the line, that was all. But I am not presently looking to take this to trial since it does not look as if any of it is substantial enough to work out in my favor. I guess I was just looking for some input as to whether some people have had a better outcome in a similar situation or if the outcome of a standard DWI + fines with no probation seems like the best. To me it looks like it is the best that I can ever hope for but I am not familiar with other DWI situations.

Thanks for the input, all has been great so far!

 

[dave33]

I would say getting this dropped to a standard and no probation is a good deal. From what I have read his advice and comments seem solid.goodluck.

 

[justsomeqs]

I would say getting this dropped to a standard and no probation is a good deal. From what I have read his advice and comments seem solid.goodluck.

Yeah I researched a lot on the different lawyers and he and his firm are without a doubt top rated and above everyone else I have spoken to. My initial criteria for looking for a lawyer was to find one that can keep me out of jail for my first offense. This was because the first lawyer I talked to basically said I will be going to jail and it just depends on how long. She also happened to say a whole lot more that was going to happen to me and after speaking to others I came to the conclusion she was trying to use a scare tactic to make me have her represent me.

Thank you again to everyone that has helped. This really is a great forum with a lot of very knowledgeable people.