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Albany NY DWI Lawyer

In the 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.

Most of the misdemeanor DWI cases are handled by relatively new prosecutors assigned to local courts. For courts such as Guilderland Town Court, Colonie Town Court, and Albany City Court the caseloads are huge. Contested DWI cases can take years to resolve. With all due respect to the overburdened ADAs (Assistant District Attorneys), the enormous case load often results in mistakes that can lead to dismissals. For example, police officers fail to show up for hearings with greater frequency in Albany County than other areas. And sometimes, because of the case load, ADAs are not prepared for arguments at hearings. I have had more DWI cases dismissed in Albany County than anywhere else for these reasons.

If a DWI case is serious such as where an accident has occurred or the defendant is a repeat offender, it will get the attention of a senior DWI prosecutor in Albany County. These cases are taken very seriously. Albany County has a head DWI prosecutor who his somewhat notorious for her zealousness in prosecuting DWI.

My office handles DWI cases primarily in the Capital Region and Greater Capital Region of New York. Counties include Albany, Greene, Rensellaer, Schenectady, Saratoga, Warren, Washington, Schoharie and beyond.



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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