DWI law student

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A friend of mine who is a rising 3L was arrested for a suspended license and then was suspected of drinking but refused the breathalyzer. He was still charged with a DWI but wants to know of case can be dismissed. If dismissed, or not, what are his chances of passing the character and fitness before the Bar in NYS. When or if should he notify them of it? Thanks in advance!

10 Attorney Answers

Best Answer
The facts are important, but it is very difficult to have the case dismissed.
It is a misdemeanor so I believe he has a duty to report it on his bar application.
Best Answer
This is a very potentially serious matter. He is facing DWI charges, a class A misdemeanor, and the impact the arrest and possible conviction can have on his law admission. Msny factors impact the outcome of the criminal case, inkcuding the results of the bresth test anf fsts. I recommend immediately contacting an experienced criminal defense lawyer to discuss this offline and confidentially. Good luck.
Best Answer
Most DWI's can be fought at least to some extent. There may be an issue with the field sobriety tests or a problem with the stop. Hire an experienced lawyer now.
Best Answer
Regardless of the outcome of the case, your friend will need to report the arrest and outcome on their application to the Bar. Your friend should be meeting with reputable DWI attorneys who will be evaluating the strengths and weaknesses of your friends trial position while trying to negotiate with the DA to reduce the charges to a traffic infraction which will not leave them with a permanent criminal conviction (something I've done twice for law students). No DAs office is going to dismiss the charges because someone is in law school or even if they were already admitted. Their refusal may or may not help them. At a minimum the DA will be allowed to use that refusal as an admission of guilt. More importantly your friend will have a refusal hearing at DMV within 15 days of arrest that they need counsel for. It is a chance to cross examine the arresting officer prior to trial.
Best Answer
You don't give any facts so there is no way to say if the case can be dismissed. I suggest that your friend hire a good criminal defense lawyer.
Best Answer
Dismissals are few and far between.
Have your friend retain an experienced criminal defense attorney who practices DWI defense specifically. It helps if the attorney he chooses is familiar with the court and DA's office handling the charge.
Best Answer
Your "friend" needs to get a good DWI/DUI attorney right away. Your "friend" ALSO needs to report this to the office of court administration when applying for the bar, because the fact of the incident will be discoverable regardless of the outcome, and what the OCA is looking for is honesty and candor. I would also suggest that if your "friend" has any alcohol or drug issues, that they take steps to get treatment, so that the bar examiners can see that the "friend" has taken the consequences of the DWI/DUI incident seriously.
Best of luck.
Best Answer
This is a very serious matter. It is certainly possible for a DWI case to be dismissed; however, this is rare. Detailed facts about the stop, FST's, the refusal etc. will be needed to determine if this case has a possibility of being dismissed. I suggest your friend schedule consultation with experienced DWI attorneys.
In terms of his admission to the New York bar, your friend will have to notify the character and fitness committee of the charge when he submits his application. Whether or not he will be admitted to practice in New York is tough to say.
Best Answer
We can't answer a blanket question such as "can this be dismissed" without any facts. Even with the facts, we can't answer that. Only the attorney on the case who has been able to see the video (if there is one) and knows every fact involved in this case.
Outside of that, yes this case can be dismissed. It can also result in a conviction. It is a 50/50 shot. Your "friend" needs to hire a NY DWI lawyer who is familiar with the intricacies of NY DWI laws.
Good luck to you.
Best Answer
In my experience, it is unlikely that the matter will be dismissed unless of course there is a significant proof problem such as the prosecution's inability to establish operation. Most counties that I have practiced in are hesitant to even plea bargain refusals, though that's not always the case. Assuming the matter is not dismissed or resolved after trial with a favorable verdict, he should probably be forthright and honest with the disciplinary committee when applying for admission. After all, as an attorney/soon to be attorney, you are required to conduct yourself in a manner befitting an attorney which includes being honest. While I am no expert on the character and fitness portion of admission to the bar, I'm wagering a guess that others in a similarly situated position have been granted admission to the bar notwithstanding their convictions. I suspect that the interviewer will not only consider the DWI but your friend's entire history and background. I'm not so sure that a DWI conviction, assuming it ends that way, would be grounds, by itself, to deny admission. My advice is to contact your local bar association and ask if you may speak with one of the attorneys who practices in the area of Ethics. That way, you can get an opinion from someone who focuses on cases involving misconduct. Lastly, you may even want to ask your local bar if they have archived ethics opinions on the subject. That may shed some light. I hope this answer helps and good luck!

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