Alcohol & Drugs: DUI, DWI new york state trial law concerning DWI

[weez]

i`ve recently had my license suspended due to a DWI ticket...second time charged in 5 years[impaired conviction] my breathlyzer result was .07 and i have been wrongly charged.....i have pled not guilty due to breathlyzer malfuction so now the court will not give me a conditional pending trial outcome...but...had i pled guilty to a driving while impaired that the DA offered me i would have lost my license for 90 days and also been allowed a conditional license...doesn`t make sense to me!! my attorney has said it could take up to 5 months to resolve in court and if found guilty , i`ll lose my license another 90 days after that..ggrr...so my question is " am I not entitled to a speedy trial?" i believe i`m being forced into taking the deal offered by the DA and i believe myself innocent!!! please help!!!

 

[jacksgal]

These are questions for your Attorney

 

[weez]

yes i know but my attorney is court appointed and it seems as though hes working for the DA instead of defending me?

 

[jacksgal]

He is still your best source for the answers you want

 

[Sibee]

the VI amendment to a speedy trial is to protect you from being held without charges not to get some one convicted of a DUI back on the streets -my best advice- don't drink and drive if you cant do that then just don't drive besides you don't necessarily have to blow a .08 to get a DWI. state your case to an Attorney you dint relay ask a question we can answer here. If you 100% believe your not at fault plead not guilty and a judge will decide your fate. the only question you asked that i can answer is yes the VI amendment entitles you to a speedy trial so you if want to sue the state over it go for it but I'm almost positive that no jury would side with you over it because like i said before thats not what its intended for.

 

[weez]

My first arrest I absolutely accepted responsibilty for and believe me this is not something I make a habit of! I had 1 drink and a 1/2, left a birthday party due to upset stomach..which I believe to be a virus now...I could not make it home before being ill so I pulled over and parked ...while waiting for my stomach to settle a sheriff stopped and ultimately decided to take me in because of me being sick and being honest about having a drink..i`m sure I thru up the 1/2 drink and was left with only 1 in my system.I understand your anger toward me but if you knew me you would know that I`m no problem drinker....just dumb luck...thank you for answering my question.