Thursday, May 30, 2013

DWI Results In Automatic New York Disbarment

An attorney was disbarred by the New York Appellate Division for the Third Judicial Department as a result of her guilty plea to felony driving while intoxicated.

As we have previously explained, a New York attorney convicted of a crime that is a felony under New York law is subject to automatic disbarment.

Thus, an attorney convicted of federal immigration fraud  has a shot at a lesser sanction because there is no such crime under state law. However, a single DWI results in the ultimate sanction.

In many if not most jurisdictions, a DWI conviction does not lead to disbarment. Often, probation with conditions of monitored sobriety are imposed. (Mike Frisch)

Bar Discipline & Process | Permalink

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Why would DWI be a felony anyway. That in itself is ridiculous. There is a well known New Jersey case of an Attorney who committed a crime with a gun and regained his license.

Posted by: Charles Izzo | May 31, 2013 6:23:09 AM

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