Not all Rochester area drinking and driving cases are resolved by going to trial.

In fact, it is fairly common for a defendant to plead guilty to a DWI charge or to a lesser offense such as Driving While Ability Impaired by Alcohol following plea negotiations with the prosecutor.
While the decision to plead guilty or go to trial depends on the specific facts of each case, entering a guilty plea following plea negotiations allows a defendant to have some certainty regarding what charge or charges he or she will be convicted of and – in some cases – the sentence that will be imposed.

A defendant who pleads guilty to a drinking or driving offense usually will have to appear in court and speak when pleading guilty.

Moreover, under New York law, a defendant should not be allowed to plead guilty to a charge simply by stating he or she is pleading guilty.

Instead, the court is required to determine that the defendant is aware of his or her rights and chooses to waive them, understands what is happening at the proceeding, understands the nature of the charge to which he or she is pleading guilty, and admits to the facts that support that charge.

Regarding these last two points, the New York courts have ruled that this means that the defendant should admit to all the elements of the offense when pleading guilty – either through his or her own recitation or through further inquiry of the court.

In the case of a DWI charge, this means the driver who is pleading guilty should acknowledge that he or she operated a motor vehicle, was under the voluntary influence of an alcoholic beverage while operating the motor vehicle, and his or her ability to operate the motor vehicle was influenced by alcohol to an extent that he or she was intoxicated.

Following a DWI arrest, it helps to have a lawyer who is experienced in court. Call us at 585-484-7432 for legal help.