Thursday, January 5, 2017

Ithaca DWI Lawyer: What Makes a Final Court Disposition Like DWAI Good?

Welcome to Relative Boulevard

The other day I was asked why I thought a DWAI (driving while ability impaired) was good? They were confused because I've said on videos and my blog that a New York state DWAI doesn't get expunged, it's one of a few offenses that can never be sealed, and it will remain on your record forever. So that's GOOD? Well whether your final offense or court disposition is good or bad needs comparison to where you began.


New York Criminal Defense is Relative


Remember that everything, and I do mean everything is relative. Nothing sits by itself in a vacuum. All things that get a label like good or bad are always in relation to other things. If you started with a felony and now that is reduced to a misdemeanor, that's good. If you started with a higher level offense and now have a lower level offense, that's good. If you could have received three years of probation and get none, well that's good.

Winning and losing are comparative. Kinda like being married. As a married guy, I'm a guy that likes to be married but not everyone agrees or has a great opinion of marriage. Now before you get upset with my viewpoint, remember that being in a long term monogamous relationship is great for some people but not everyone. Some people may label my friend who has multiple girlfriends as having a good life and others may think mine is the good life. It's all relative.

New York State Judges have Wide Punishment Ranges


Back to the criminal justice system. There are charges and there are punishments for those charges. In New York state the range of punishments, also called sanctions is wide, it has a big range. Judges have a lot of leeway in sentencing. You can get no jail or a year of jail on a misdemeanor.  That is why going into any court it is important to know how everyone thinks.

Neurolinguistic Programming is More Than Communication, It's Connection 


How do the judge and the prosecutor process and interpret different charges. Are there things they like and things they dislike? Hey if they like the Pittsburgh Steelers, don't show up for Court with Your Patriots shirt on. But in all seriousness everyone has a philosophy and a set of principles that they follow. They have a certain way of communicating. I am a student of NLP. Neurolinguistic Programs uses all three languages: visual, auditory, and kinesthetic. The words and phrases you use do make a difference in if someone is really "hearing" you. Whether you are connecting with them is a matter of understanding their style.

A New York DWAI Can Be a Great Outcome 


So is a DWAI alcohol violation (VTL 1192 (1)) a good disposition? Your damn right it is when you begin with two misdemeanor DWIs, you look horrible on video, and you told the cops you just had three pints and shot. In fact a regular (.08 or common law) DWI may in fact be a great disposition if you had a .21 Blood Alcohol Content and you were falling down. Please remember, all things especially criminal defense are relative.