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Spring of 2008, a memorandum was circulated to all ADAs (Assistant
District Attorneys) in Albany County detailing what can and cannot be
done with DWI cases. All DWI defendants must get an alcohol/substance
abuse evaluation. When it comes to plea bargaining, if the BAC is .15
or above, the official policy is to refuse to plea bargain. If this is
the case, I usually advise my client go to trial, especially if it is a
first offense. A loss at trial will usually result in the same
punishment as a plea of guilty.
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The Law Office of Christian de Francqueville PLLC 58 Kent Street, Ballston Spa, New York 12020 FAX: 1-518-885-2641