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Questions Answered by Andre Sedlak

1 Answer | Asked in DUI / DWI for New York on

Q: I got a d.w.i can it be lowered to a d.w.a.i my 1st breath test was .15 never be in trouble not even a parking ticket.

Do I have to plead not guilty to get a d,w,I lowered to a d.w.a.i and to get a court appoint lawyer

Andre Sedlak answered on Apr 8, 2015

Plea negotiations in DWI cases are always subject to several factors and no two cases, jurisdictions, Assistant District Attorneys or Judges are alike. In short, yes it is possible to negotiate a .15 down to a dwai conviction however, there is no guarantee, and many jurisdictions use an unspoken... Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: I got a dwai when I was 18 then got a aggravated DWI when I was 20 I'm 23 now can I get my licenses back after I pay dmv

I also got auo in the 1st and driving with out an interlock system

Andre Sedlak answered on Apr 8, 2015

Because you were convicted of a second DWI and it was "Aggravated" within 10 years of your DWAI conviction you should have lost your driving privileges for 18 months, however, because you violated the "Zero tolerance law" for both changes, the second alcohol related charge mandated revocation of... Read more »

2 Answers | Asked in DUI / DWI for New York on

Q: My girlfriend was charged with misdemeanor DWAI first offense. What type of penalties is she facing?

She has no other convictions or arrest record

Andre Sedlak answered on Apr 8, 2015

A NYS DWI misdemeanor conviction will result in her having a lifetime criminal record. Sentence possibilities include combinations of the following: up to one (1) year county jail time and or a fine of $500 - $1000 dollars, 3 years probation, license revocation for six (6) months, NYS surcharges... Read more »

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