Professional Documents
Culture Documents
Most
The
Frequently
Asked
Questions
About
A
New
York
DWI
8
What
are
the
chances
of
having
all
my
DWI
charges
dropped?
In
other
words,
can
I
just
get
off?
Not
having
any
charges,
or
having
them
all
dismissed
by
the
District
Attorney
or
Judge,
and
then
being
found
not
guilty
of
everything...
First,
how
common
is
this?
Not
common,
but
it
can
happen.
If
there
is
no
PC
(Probable
Cause)
for
the
stop
of
the
car
then
all
the
"fruits"
of
that
stop
ie.
the
breath
test
is
then
a
"poisoned"
fruit
of
the
illegal
stop,
and
it
is
therefore
inadmissible.
Attorneys
call
this
the
"fruit
of
the
poisonous
tree."
PC
in
New
York
is
a
legitimate
reason
for
a
stop,
usually
a
traffic
or
an
equipment
violation.
We
can
also
raise
issues
concerning
PC
to
make
an
arrest
but
this
is
usually
a
small
hurdle
for
the
Police
to
surmount
with
the
stop
officer
talking
about
odor
of
alcohol,
slurring
of
speech,
bloodshot
eyes,
etc.
Remember
that
the
DWI
common
law
charge,
VTL
1192
(3)
is
based
on
the
OPINION!
of
the
officer.
Second,
District
Attorneys
make
offers
but
usually
do
not
let
people
completely
OFF
of
all
charges.
It
is
a
fantasy.
Some
people
want
so
badly
to
believe
in
a
FANTASY.
Maybe
it's
human
nature,
but
if
it
sounds
too
good
to
be
true,
it
probably
is
BS.
Third,
the
REALITY
in
many
situations
is
that
a
Judge
cannot
accept
a
plea
to
reduce
an
Aggravated
DWI
(DWI
per
se
with
a
BAC
(blood
alcohol
concentration)
of
0.18
or
more)
to
a
DWAI
(Driving
While
Ability
Impaired),
a
traffic
offense,
without
strong
reasons.
To
further
believe
that
a
Judge
or
District
Attorney
would
dismiss
the
charges
outright
would
equate
with
winning
the
lottery
or
being
struck
by
lighting.
Fourth,
the
big
win
in
New
York
State
is
a
reduction
to
a
DWAI
because
of
two
reasons: