Aaron M. GoldsmithCommercial Real Estate AttorneyNew York, NY ·
The DWI is a misdemeanor if it was your first DWI arrest. In New York, out-of-state drivers are charged no differently than a person with a NY license. You are also obviously facing a traffic infraction for the speeding. Depending on the specific facts and circumstances, the Bronx DA's office may also choose to charge additional crimes and/or infractions. You need to hire a criminal defense attorney to handle your case.
Best of luck. Should you have further questions, please feel free to contact me via (914) 588-2679 or the website below.
My only question is, where in the world could you drive 95 miles an hour in the Bronx? The fastest I've ever gone is on the subway after a Yankees game!
I would advise you to immediately consult with an attorney to review the facts and circumstances of your DWI in the Bronx. I agree with my New York colleague; you will be treated no differently than anyone else in New York. Your driving privileges will be suspended, but you should still be eligible for a conditional license so long as you qualify. You should obtain a copy of your New Jersey driver's abstract before meeting with an attorney in New York. There will likely be attorneys who practice in New Jersey and in New York that will be able to handle the DWI. I wish you the best of luck.
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
While I agree with the other attorneys that you need to seek a consultation with an experienced DWi attorney, I think there are some key facts could help you get a better idea of what to expect. As a former prosecutor for over 7 years, I can tell you some of the factors the DAs Office will look at in determining whether jail or probation is appropriate. In fact, it's possible that even with the excessive speeding charge, the DA may be convinced that neither jail nor probation is necessary and they may even allow you to plea to the reduced charge of driving while ability is impaired [a traffic infraction and NOT a crime.]
Some of the key factors the DA will consider: Whether or not there was an accident or injury during the incident; Whether or not there is a prior dui offense whether convicted or not; whether there have been prior arrests and/or convictions for any non-alcohol offenses; what is your driving record prior to this incident; How did you perform on any field or police station sobriety coordination test; Did you submit to a breathalyzer exam or did you refuse to take the test; If taken, how high over the .08 legal limit was your result.
I would be happy to go over these factors with you in a confidential free consultation and can then give you a much more informed view of what to expect. Either way, best of luck with your case.