Manhattan DWI Lawyer Discusses Accidents
As an experienced Manhattan DWI Lawyer, I get many calls and cases in Manhattan with regard to driving while intoxicated. One of the very first questions I ask is whether there was an accident. The reason I ask that question is it changes everything. We want to know if there’s an accident, whether or not anyone was injured. If there was an accident, what were the circumstances of the accident? The problem with it is, it’s obvious; people will assume that if you have alcohol in your system, or even the allegation that there was alcohol in your system, that it was your fault, even if you were rear ended.
You have to try to dispel the idea that it was your fault just because you might have smelled of alcohol. It’s considered an aggravating factor. When you look at the potential in plea bargaining and sentencing, you take a look at the aggravating and mitigating factors of every situation. An accident is always considered an aggravating factor by judges and prosecutors. You and your attorney should look at it in that way and try to mitigate and roll back the aggravating issues involved in that accident.
You can roll that back and say, “There was an accident, but I stayed on the scene. I did the responsible thing. I talked to the police officers, I gave them a full report.” There are lots of ways of spinning it in a very positive way, but still, having an accident involving driving while intoxicated in New York City is an aggravating factor that must be dealt with head-on.
Have you recently got a DWI as a result of an accident? If so, contact the experienced Manhattan DWI Lawyer Carl Spector.