DWI and Extraneous Offenses in Utica

The New York DWI defense attorneys at Nave DWI Defense Attorneys make it a point to watch the news closely for updates concerning DWI cases in New York and across the country. After all, many communities gain their perception about these incidents based on these high-profile cases. For example, we recently noticed a case in the news about a DWI defendant whose past court records show prior drug charges. This story does bring up an important point: the admissibility of extraneous offenses. Given New York’s stricter crackdown laws, which took effect in September 2012, it is important for DWI offenders to understand how extraneous offenses can influence their case.

Last week, the 24-year old in the case was involved in a DWI crash that killed her young daughter and injured her toddler-age son. According to past court documents and statements from those who know her, Amber has a criminal history involving drugs and has been charged with at least one other DWI, as well as other criminal charges. Without a doubt, the prosecution will attempt to persuade the judge in Amber’s case to admit this information as evidence. While it is not fair for every single past criminal infraction to make its way into a DWI case, it is likely the prosecution will want to admit any past charges related to DWI and drug offenses, especially those that show Amber to be dangerous behind the wheel.

This case brings up an important point of consideration for DWI offenders in New York: if you are a repeat offender, the court is going to admit and consider your past record in determining a potential conviction and sentencing. The more DWI charges, and possibly related charges, you have on your record, the harsher your punishment is likely to be, and it is possible that the prosecution will be less willing to plea bargain. With Governor Cuomo’s strict crackdown laws in effect, repeat offenders can expect not only stiffer sentences, but also a longer wait period for reinstating driving privileges, if they can be reinstated at all. The DMV now has the discretion to delay the process for those with even a single DWI offense. Further, they can make it nearly impossible for those with multiple charges meeting specific criteria within a 25-year period to reinstate their driving privileges. It is safe to say that many repeat offenders may have to look forward to hoofing it or hitching rides with friends and family long-term.

The bottom line is that when facing Utica DWI charges, or any other criminal charges, related extraneous offenses often find their way into your current case. A qualified DWI attorney can assist you in understanding how past offenses may play a role in your case and can possibly help you to avoid the ramifications of those extraneous offenses by negotiating with the prosecution. Each situation is unique, and the outcome depends on the particulars of your case, as well as your defense strategy. For a free case evaluation, contact the experienced DWI lawyers at Nave DWI Defense Attorneys today – 315-775-2001.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

2015-03-10T16:50:59+00:00