What Can The Rochester Judge Consider When Sentencing A DWI Defendant?

A driver convicted of Driving While Intoxicated faces serious penalties and needs the help of an experienced Rochester DWI lawyer.

While the judge must remain within certain parameters when determining issues such as whether to impose jail or probation, the amount of any fines, and the length of any driver’s license revocation, an experienced lawyer can help a DWI defendant present evidence to the court that may help to minimize the penalties following a conviction.

There are no absolute rules regarding what documentation may be submitted for the judge’s consideration at sentencing for a drinking and driving offense, and any information that would make the judge confortable that the alcohol-related driving offense was an aberration from the defendant’s normal behavior may be helpful in getting the judge to consider leniency at sentencing.

If the defendant has already begun participation in alcohol counseling or a program such as Alcoholics Anonymous prior to sentencing, proof of compliance with the alcohol counselor’s suggestions or program rules may help make the judge comfortable that the defendant is taking steps to address any alcohol-related issues.

Depending on the defendant’s specific circumstances, in certain cases it may be helpful to submit information regarding issues such as the impact a severe sentence would have the defendant’s employment, the reliance of family members on the defendant’s ability to continue working, or any medical condition suffered by the defendant that is serious enough to support leniency.

As stated above, there are no specific rules regarding what the judge may consider, and any unique circumstances that would support an argument for leniency should be brought to the judge’s attention prior to sentencing.

A DWI conviction carries serious consequences.

If you need the help of an experienced DWI lawyer, call us at 585-484-7432.

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