Tuesday, December 16, 2014

Ithaca DWI Lawyer: When is a DWI Accident Not Really an "Accident?"

Who Doesn't Love Maslow but MY POINT is
even DWI Accidents have a Hierarchy!


From markstivers.com


This is not really a trick question, seriously. The truth is that the TYPE of accident will be given great weight when negotiating your DWI/ADWI/DWAI drug charges.

How Do car accidents affect DWI plea negotiations?




There is Truly a Pecking Order of DWI Car Accidents


Even Accidents have a pecking order of sorts. Call it a hierarchy of accident seriousness or volatility.
They run from the absolute worst to you and your case to the least impact upon you and your DWI.

The Absolute WORST DWI Accident

The worst of course is the accident with people damages. Causing an accident while high or drunk which hurts people is the reason for DWI laws in the first place. These cases make the front of newspapers, local headlines, and sometimes even national ones. Even if your DWI is a low alcohol breath level or even a very defensible case the accident will make plea offers or deals much more difficult.

The BETTER DWI Car Accident

The next level moving in the good for you direction would be an accident with just property damages. It's still bad if it involves people in the car and better for you if it is a parked car.

The BEST DWI Car Accident (if there is such a thing) 

If there is actually a best accident award (for DWI) it go to the ONE CAR (single car) crash. The best by far is the ditch DWI, as in I ran my car off the road (weather, deer, squirrel) into a ditch. Even if your car was severely damaged no one else's property or person was affected. A close second is the street sign DWI. It appears that sometime after midnight the street signs in Ithaca animate and move into the street. This is so common I have the City of Ithaca's person in charge of street signs on my contacts. The best case here is you pay to have them re-installed and not re-placed.

Even the ONE car DWIs come in two varieties: you were hurt or you were not hurt. Of course the best DWI case accident involves no injuries to you, and some or none to the car.

There you have it a better understanding of Accident DWI, and what it means. Remember that all your other factors, such as your age, BAC, drugs, etc. may provide further CONTEXT to the incident. These additional factors can downplay the accident or enhance it's significance to your DWI charges.

words of wisdom 


Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.


newman.lawrence@gmail.com
607-229-5184

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Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers