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| NY Capitol Building in Albany - image courtesy longislandpress.com |
Ithaca Penn Yan DWI Lawyer explains:
Government Safeguards
and Guidelines in New York DWI Sentencing
In the area of DWI law, judges and prosecutors have an
obligation and commitment to their communities. That commitment is to serve and
to protect the people. In New York State the district attorney files all their
paperwork on behalf of THE PEOPLE of the State of New York. In 2015, the New York Supreme Court has
focused all of it’s DWI efforts on consistency across the state in dealing with
DWI.
Once someone is charged with a DWI it is a potential
indication of a deeper problem. The government’s biggest fear is not what is currently
before them... it is the unknown future and the trajectory of the person before
them. This is their paramount concern.
The responsibility on their watch is to safeguard this
community. Their primary directive is to prevent future harm. This person who
stands before them charged with DWI is an opportunity. This is a chance to correct and redirect
them to safe action. Their fear is that this person will go on to another night
of bad judgment and greater future harm to themselves or some innocent person.
Judges and
Prosecutors Have Lots of Questions
But to what extent (or degree) does this person have a
problem or issue with alcohol or drugs?
Was it just bad judgment on this one particular occasion? As we
say, a mere blip on the radar?
Do they just need some classes and education?
Or is it something beyond that? Do they have a real need for treatment?
Are they a future risk to themselves and others?
The Safeguards to DWI
Prosecution and Sentencing
The minimum governmental safeguard is a drug/alcohol
screening and/or evaluation. That is why all DWI judges and district attorneys
now want a drug/alcohol evaluation before sentencing, before they accept a plea
deal, and before they commit to a set of conditions of release back into the
community.
An additional safeguard that some New York judges and
prosecutors may demand is called a PSI (pre-sentence investigation). The PSI is a "This is Your Life" interview and investigation with a county probation officer. It is really
a needs-based evaluation.
What does this person need to be a safe, productive, and stable
member of our community?
The question then becomes: does this person’s current DWI
charges stem from unmet needs?
Ultimately, is this a person in need of long term
supervision and monitoring?
There is Always a
Conditioned Release with a DW
Just about everyone who receives a final DWAI, DWI, or
aggravated DWI will be released from the Court under some set of conditions.
This conditional discharge (aka release) can range from local, direct, and
intense supervision and monitoring with an assigned probation officer to merely
self-reporting.
If someone receives a CD (conditional discharge), determining where they will self-report and fulfill court obligations on their own... or if they
receive probation is dependent upon a number of factors. Is this a first offense? What was the blood
alcohol level? Were there other drugs involved? Was there an accident? Is this
person gainfully employed or a stable student?
Probation will help formulate a plan, discuss resources and
solutions, and then monitor follow-through to a goal. A plan can range from a
program of mental heath and chemical counseling to relapse prevention.
If someone is placed on a term of probation, this can range
from two to three years for a misdemeanor level offense to five years for a
felony level offense.
In our next blog we will lay out some of the common terms
and obligations the DWI court imposes with a NY conditional discharge.
IF YOU HAVE QUESTIONS ABOUT A DWI CHARGE IN NEW YORK, YOU ARE WELCOME TO CALL US FOR A FREE CONSULTATION AT 607-229-5184
By Attorneys Mike Cyr & Larry Newman
FInd us online!
www.ithacadwi.com
www.fingerlakesdwi.com
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Copyright NEWMAN & CYR 2016. Educational Use Only.
