Appeal Lawyers in New York Secure Probation after DUI Flight

After consuming alcohol at a private gathering, the client chose to operate his vehicle and later pulled over onto the shoulder of a Manhattan roadway, where he fell asleep inside the car.

When uniformed officers approached to conduct a welfare and sobriety check, the client panicked and drove away, initiating a brief but dangerous flight.

During the pursuit, the vehicle entered an intersection against traffic signals and collided with another car, causing physical injury.

The client continued driving in a disoriented state, briefly traveling against traffic before abandoning the vehicle and leaving the scene without reportin the accidents.

Although the prosecution could have explored additional charges related to fleeing from law enforcement, the case proceeded on the core traffic and vehicular assault offenses arising from the incident.

The indictment included the following offenses:

• Driving While Intoxicated under New York Vehicle and Traffic Law § 1192

• Leaving the Scene of an Accident Involving Personal Injury under VTL § 600(2)(a)

• Reckless Driving under VTL § 1212

• Vehicular Assault in the Second Degree under New York Penal Law § 120.03

At sentencing, the trial court treated these counts as separate criminal acts, including vehicular assault arising from the same intoxicated driving episode, and imposed a term of incarceration based on cumulative exposure rather than the integrated nature of the conduct.

The appellate defense emphasized three central points:

• Comprehensive documentation of remorse, alcohol treatment enrollment, and relapse prevention efforts

• Successful post conviction settlement and restitution agreements with all injured parties

• Legal argument that the trial court improperly applied cumulative punishment where New York case law supports merger or absorption of offenses arising from a single continuous incident

Counsel relied on established appellate precedent recognizing that when injury results from a single intoxicated driving episode, certain traffic offenses may be deemed included conduct rather than separate punishable acts.

In issuing its decision, the appellate panel highlighted:

• The defendant’s lack of prior criminal history

• Full victim compensation and formal forgiveness statements

• Demonstrated commitment to sobriety and compliance with court supervision

The final outcome was a suspended incarceration term with probation, mandatory treatment, and driving restrictions, allowing the client to rebuild his life while remaining under judicial oversight.

This case demonstrates how experienced appeal lawyers in New York can meaningfully alter outcomes even after a conviction when appellate advocacy is properly executed.