answered on Mar 20, 2023
Hello - The DMV considers driving a privilege, not a right. If you have multiple prior DWI (or DWAI) convictions within 25 years, the DMV will reject your application for a license for a period set forth in 15 NYCRR 136.5. The duration of any period of rejection will be determined by the number of... Read more »
personal injury case. I have an extensive work already done - depositions taken, witnesses asked), an expert hired, medical seen, but haven't done it with the defense lawyer's side on their end. Can I still represent myself with these court procedings instead of going out and hiring an... Read more »
answered on Feb 21, 2023
You've done a considerable amount of work as a pro se plaintiff, which is commendable. The general rule in our legal system is that people are free to represent themselves. However, one of your options could be to consider arranging a free initial consult with an attorney who handles injury... Read more »
My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »
While caring for ailing mother , he missed court date & now has a warrant . He plans to return to the states , Los Angeles , where we reside . How can he resolve this prior to leaving England?
answered on Apr 28, 2022
He should make arrangements to appear in court when he returns to the U.S. or hire so that the arrest warrant can be vacated.
again for the same dwi
answered on Apr 11, 2022
A person on probation cannot be charged again for the same DWI, because they already plead guilty. However, someone on probation can be charged with a violation of probation. A violation of probation, if proven, would subject the person to a sentence up to the maximum for the charge that they are... Read more »
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee. Can go down to DWAI since is first... Read more »
answered on Aug 31, 2021
A first offense DWI with no aggravating factors may be able to be reduced to a DWAI violation, but it will depend on the BAC. The Westchester DA's office is very specific about how they handle different BAC readings. You should hire an attorney, so that can try to get the paperwork from the... Read more »
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee
answered on Aug 30, 2021
It's a statutory DWI (per se) and DWI based on common law. When you get charged with DWI, you are often charged with both. 1128A is a unsafe lane change violation. I strongly recommend that you retain an experienced attorney since it's a complicated area of law with serious ramification... Read more »
Where do I have to turn? To the "two-way left turn lane" or normal lane? New York State
answered on Aug 7, 2021
Below, I've pasted a link to the NYS DMV page that outlines a number of different left turn scenarios. The resource covers left turns from one-way to one-way, one-way to two-way, two-way to two-way, two-way to one-way, and two-way to four-lane highway. I hope it helps. Good luck
Tim... Read more »
He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.
answered on Jul 23, 2021
If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.
No other criminal charges. Parties involved believe their drinks were durgged and do not remember much of the night. Had a ride on the phone to pick them up at time of contact with officer.
answered on May 19, 2021
DWIs are serious matters these days---based on your post you believe you have some defenses and there appears to be some confusion----hire a DWI or criminal defense attorney to represent you. If there are multiple defendants, then each defendant will need a separate attorney. Good luck.
answered on May 3, 2021
Operating without headlights on at night might be grounds to pull someone over, but that alone isn't the basis for an arrest. There would need to be evidence of impairment or intoxication to give an officer probable cause for arrest on a DUI charge.
The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court
answered on Jan 11, 2021
Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that,... Read more »
How many years woud you have him serve?
answered on Nov 10, 2020
It depends what the bench warrant is connected to and whether extradition has been approved. Why not retain NY counsel to clear the bench warrant and try working out a deal. That’s much better than letting a warrant sit out there forever.
My refusal warnings were read to me at 628am where I allegedly refused urine 4 hours after first test legal aid is telling me I don’t have a case call me please
answered on Oct 29, 2020
If you were walking and were asked to blow for being intoxicated its different than driving.
Suspended License: Refusing a breathalyzer or chemical test in New York State can result in a 1-year license suspension. ... Civil Fine: Drivers face a fine of $500 for refusing to take a... Read more »
answered on Oct 19, 2020
You could be charged with vehicular homicide and, if you had alcohol over the limit, you could also be charged with Aggravated DWI. You need to see a lawyer right away.
Improper plates is 1 of the charges
answered on May 21, 2020
The worst case is a Misdemeanor criminal conviction,a loss of license ,a 6 Month revocation and a jail term. That is if you haven't had a prior DWI Under those facts ,it would be a felony which is hard to overcome and could mean Jail of 1-4 years and a thousand dollar fine. However with a... Read more »
When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.
With that said, I replied to him, "look at... Read more »
answered on Feb 4, 2020
When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.
hi. i have arrested for dui and my case still on court . i didn't pledge guilty yet coz my lawyer said if i agree for conditional discharge then my charges will be reduce to dui to DWAI (which is not crime , traffic violation ). right now i am waiting for my hearing and also doing scram... Read more »
answered on Aug 13, 2019
More information is needed.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications or losses. Good luck.
answered on Dec 11, 2018
I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years... Read more »
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