The story repeats itself hundreds of times a day in New York. A person with no criminal record is arrested for DWI and is facing three charges. Two are criminal records one is not. Despite the fact that this is the defendant's first arrest, will demand that he plead guilty to a criminal record. In New York this is a misdemeanor that will stay on a person's record for the rest of their life. This simply does not happen in the other areas of criminal law. As a former prosecutor, i literally handled thousands of cases where plea deals were given.
The treatment of those accused of DWI simply has no grounding in reality. Prosecutors do not even want to talk about a plea deal. They simply demand that the defendant plea guilty and take a criminal record. Those accused of selling drugs are given a chance to plea to lesser charges, yet those accused of DWI are not. I understand the need to take DWI seriously, however, on a first arrest people should not be forced to take a criminal record that will affect them the rest of their life. The only way to fight this policy is to take the case to trial and make the prosecution prove their case. It is only when you force the prosecution to take your case to trial, will you be able to get a better deal and ultimately a jury will decide whether you are guilty or not. Trials are expensive and take time but the damage that a criminal record can do is worth it.More information is available at DWINEWYORKCITY.COM.
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