(518) 456-6456
Available 24/7
  • Home
  • About Us
  • Attorneys
    • Peter Gerstenzang
    • Eric H. Sills
    • Karen Gerstenzang
    • Jonathan D. Cohn
    • Joseph Gerstenzang
    • Matthew J. Simone
  • Our Practice
  • DWI Info
    • Introduction to DWI
    • DWI Penalties
    • Test Refusals
    • License Issues
    • Underage Offenders in New York
    • Commercial Drivers
    • Out of State Convictions & Licenses
    • Plea Bargaining Limitations
    • Ignition Interlock
  • Articles
  • Contact Us
  • Disclaimer

jquery slider

  • Peter Gerstenzang

    is one of only four lawyers

    in the entire State of New York

    who have been Board Certified as

  • Specialists in DWI Defense Law by the

    National College for DUI Defense ("NCDD").*

    Peter served as Dean of the

    National College for DUI Defense

  • the only organization in the

    United States that is accredited by the

    American Bar Association to certify

    attorneys as specialists in DWI law.

*See Disclaimer

Plea Bargaining Limitations

Last Updated on Friday, 19 October 2012 16:18

New York’s DWI laws contain various plea bargaining limitations applicable to DWI cases. For example, a charge of DWI, DWAI Drugs or DWAI Combined Influence generally cannot be reduced below DWAI Alcohol; and a charge of Aggravated DWI generally cannot be reduced below regular DWI.

Critically, however, the law does permit a plea bargain outside of this policy where the District Attorney determines that there is good cause for doing so (for example, if the stop was bad, if the arrest was bad, if key evidence is lost or suppressed, if a key witness is unavailable, if there are serious problems with the officer’s paperwork, if there is a speedy trial problem, if there is some other serious problem with the case, etc.). If there were no ability whatsoever to reduce a charge outside of a legislatively imposed plea bargaining restriction, such restriction would be illegal.

Simply stated, not everyone charged with DWI is guilty, not every arrest for DWI is lawful, and not every officer making DWI arrests is competent. An experienced DWI lawyer is more likely to expose weaknesses in the case against you.

One of the most common myths in DWI law is that a desired plea bargain cannot be achieved because the law prohibits it. This is simply not the case.

Contact Form






    Please explain your legal situation.
    Please prove you are human by selecting the Plane.

    Site Map

    • Home
    • About Us
    • Attorneys
    • Practice Areas
    • DWI Info
    • Contact Us

    DWI INFORMATION

    • DWI Penalties
    • Test Refusals
    • License Issues
    • Underage Offenders
    • Commercial Drivers
    Read More

    CONTACT INFORMATION

    Peter Gerstenzang, Esq.
    Gerstenzang, Sills, Cohn & Gerstenzang

    210 Great Oaks Boulevard
    Albany, New York 12203

    Phone: (518) 456-6456
    Fax: (518) 456-6056
    Cell: (518) 441-7011
    Email: pgerstenzang@pgdwi.com

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.