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What Are Reasonable and Unreasonable Expectations Regarding the Defense of Your DWI Charges?


Interviewer: When you’re working on a case, how often are you able to get the charges dismissed or mitigated in some way? What’s a reasonable result that you get sometimes, and what’s unreasonable?

Mitigation Is a Reasonable Expectation

Ben: Unreasonable, as you know, when you’re just saying as charged, and they want you to do 30 days in jail and a three-year probation period. A more reasonable outcome is when you actually were driving drunk and your attorney is able to have the DWI charge reduced to something like a DWAI. A DWAI, as we discussed, is a violation, not a crime. Pleading guilty to a DWAI will result in performing some community service, paying a fine, and moving on with your life.

Interviewer: So mitigation is a reasonable expectation?

Ben: Mitigating the DWI charge and taking some kind of plea is always the way to go. There’s no reason not to do something like that if you can.

Know What to Expect: The Long Island Area’s District Attorneys Typically Offer Far Less Plea Bargains than Do the District Attorneys in the City

Interviewer: How reasonable is Nassau County versus Suffolk County versus the city?

Ben: They’re not reasonable at all in Nassau and Suffolk. They usually don’t offer any plea unless you’re pleading to the charge.

It takes a long time to come about if they’re going to offer something. If you really were drunk, you should discuss this with your attorney. Maybe you want to plea to the charge, but you should not plea to the charge if they’re going to give you some kind of onerous punishment, such as jail time. You should accept a plea to the charge if they’re going to give you some kind of reasonable punishment.

Interviewer: They’re more hardcore in Nassau and Suffolk?

Ben: Yes, definitely.

When Choosing an Attorney to defend Your DWI Charge, Does Experience Count? Attorney Doscher’s Clients Benefit from His Experience and Breadth of Knowledge Defending Criminal Charges

Interviewer: What kind of personal statement do you want to make to people reading this that are thinking about hiring you? What makes you a good choice versus other attorneys out there?

Ben: I have a great deal of experience in the field of criminal defense. I’m not afraid to fight for my clients in court. I am very easy to talk to because I understand my clients’ fears and apprehension about this charge. Also, unlike some attorneys who work in large firms and have high caseloads, I get back to my clients right away because they deserve this courtesy and I believe their questions are of paramount importance.