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Questions about my NY DWI

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Clock

Member
Update: Went to my pre-trial tonight. My lawyer talked to the ADA, I just sat outside. Said that they "would love to give me the DWAI and get it out of the way," but apparently we need the consent of the DA since the written policy of my town is that any DWI that involves an accident can't be pled down. Weird, huh?

I'm a bit miffed at my lawyer because we knew all of this at my arraignment and I had just assumed he had written the letter or taken a stab at it. Now I've gotta wait longer. Not a huge deal, but it would've been very nice to be able to sign up for the classes and salvage a bit of the Summer.

Anyhow, the next thing we did was go into the courtroom and talk with the judge to set our next date. My nonjury trial date is scheduled for the end of August, but that's only because the judge let us know that if we come to resolution we can just come into court and take care of it then. Knowing that, we figured we might as well set it out.

So - I'm not sure if I'm making a mistake by saying that I view it as a positive sign that I'll get the DWAI because the ADA was so gung-ho about it or if the DA is just going to shoot that down, but whatever. I'm still prepped for the DWI.

Next steps are getting official documents from Geico so that we can send that along with the letter to the DA to say "See? Accident is all figured out, no injuries, it's settled." The ball's in my court to get that done. I'm wondering if I should be asking my lawyer if he should ask the ADA to include something to the effect of "We really want to get this out the way and are satisfied if you are." Not sure how that works, but worth a shot.

So there's that.
 


Why would you wonder? ASK

You are paying him, you are paying him to give you the best possible outcome, and I am sure you are paying him big bucks.

ASK HIM?

What do you have to lose, by asking him.

The end of the day, they all go home, and you could go to jail.

Your are paying, so ask!

DUI and an an accident?

Not good

But

You shoud have known all the potential and possible resolutions, before you went into court.

You have to ask, for them to tell?

The ONE key word that has hurt you and screwed you!

ASSUMED

Food for thought, and the kitchen is always open.
 

Clock

Member
Oh, understood completely. The guy is actually a friend of the family who's giving me a rather massive discount, so as far as tearing into him, that's not really an option.

Honestly I don't think it's a huge deal, and I think what he didn't tell me is that he's waiting for Geico to come back and say it's settled. I know he was waiting for that, so that's probably why.

At any rate, the way I'm looking at it is that we're on track right now. I don't want to stir the pot because of a slight annoyance on my part since the guy is helping me out so much.

But you're right ratpacklar, if I was like 95% of the folks on here and didn't know my lawyer in advance, I'd certainly demand to know why this wasn't done before.

Edit: If you're referring to why I didn't ask him about getting the ADA to contribute something to the letter, it's only because I literally just thought it up while typing. :) I'll certainly ask him though.
 
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BL

Senior Member
Well NY is cracking down .

Under our former DA , they were letting DWI's fall through the cracks literally .

Under the new DA , it's policy , and the cracks have been filled .

Good luck to you .

Yours still involved an accident .

An accident is an an accident , settled or not , it " involved " an accident .
 

Clock

Member
Well NY is cracking down .

Under our former DA , they were letting DWI's fall through the cracks literally .

Under the new DA , it's policy , and the cracks have been filled .

Good luck to you .

Yours still involved an accident .

An accident is an an accident , settled or not , it " involved " an accident .

I don't know if you're talking about NY the city or NY the state in general, but I'm still assuming it'll be a DWI. With an accident involved I'd be insane not to. I do find it interesting that my town was so willing to give me a DWAI, though, so who knows. It'll be a gift from God if I end up with that. If not, I'll live with the DWI.
 
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