In New York, an Aggravated DWI charge is a serious offense that carries significant penalties, including fines, jail time, and a criminal record. However, it may be possible to reduce the charge to a lesser offense, depending on the specific circumstances of the case and the discretion of the prosecutor and judge.
Here are some possible options to reduce an Aggravated DWI charge in New York:
- Plea bargain: A plea bargain is a negotiation between the prosecutor and defense attorney, in which the defendant agrees to plead guilty to a lesser offense in exchange for a dismissal or reduction of the Aggravated DWI charge. This may involve pleading guilty to a regular DWI charge or a lesser offense, such as reckless driving or a traffic violation.
- Challenging the evidence: If the evidence against you is weak or unreliable, your defense attorney may be able to challenge the prosecution’s case and get the charges dismissed or reduced.
- Mitigating factors: If there are mitigating factors in your case, such as a first-time offense or other circumstances that could warrant a reduction in charges, your defense attorney may be able to argue for a reduction in charges.
It’s important to note that the specific options for reducing an Aggravated DWI charge will depend on the circumstances of the case and the discretion of the prosecutor and judge.
Aggravated DWIs are historically difficult to get reduced in New York. Reduction depends on the level of BAC registered. Someone with a BAC of .19% has a better chance of a reduction than someone with a BAC of .29%. However, given the right facts of the case, an Aggravated DWI can be reduced.
Various factors can help reduce a DWI. Good character is always helpful. Your DWI attorney will likely ask you to provide character references to assist in that endeavor.
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Cooperation and a positive attitude during the police encounter will also help. If someone is polite to the police officer, that carries greater weight than someone verbally abusing the arresting officer. It is not uncommon for a law enforcement officer to recommend a reduction of the charges if contacted by the prosecutor, unless the arrestee was excessively uncooperative.
This does not mean you should volunteer evidence that can be used against you. Be sure to contact a DWI attorney promptly if stopped for DWI.