Instead Cassidy will lose his driving privileges for six months, get one year probation, and must complete 50 hours of community service.
Court officials said Cassidy has agreed to enter a no contest plea in return for the reduced sentence, TMZ reports.
Cassidy, 60, pleaded not guilty last year to DUI charges stemming from his November arrest in Florida. In a released dash cam video of his arrest, he could be heard telling officers that he suffered from a “wandering eye as a child.”
“My right eye still wanders when I get tired,” Cassidy said in the video.
But according to Dr. Michael Ehrenhaus, the director of NY Cornea Consultants and the director of Cornea at SUNY Downstate, if the wandering eye was a problem since his childhood, it would have been a well documented issue that would not hold up as a defense.
Ehrenhaus, who does not treat Cassidy, told FOX411, “If his eye had given him problems since childhood, the dominant eye would still be functioning. If when you’re tired, if your eye goes lazy and to the right, for example, your whole body won’t turn right. You don’t lose your motor skills.”
Furthermore, the department of motor vehicles would have picked up if he had those vision problems.
“You need to be able to see at least 20/40 in at least one eye to get your license with or without glasses,” Ehrenhaus said. “If he has those records dating back to prove the issue, then the argument becomes irrelevant because the state would have long been aware of his vision status. He would not have gotten his license if it was debilitating.”