Michael Charles Cimasi's answer The scenario you describe may constitute an Affirmative Defense to certain penal law charges that could stem from your injury of the other person with the gun. You should retain competent counsel to discuss this immediately. If you haven’t been charged yet, the investigation phase can be very important, and you should have legal guidance when/if speaking to the police.
Michael Charles Cimasi's answer Your appearance could be waived for certain parts of the case, but you would need to be present for the final disposition, whether trial or plea. Much of the court’s requirements can be fulfilled in your home state as well (e.g. alcohol dependency assessment). You should contact an experienced DWI Attorney sooner rather than later to begin this discussion with the Court.
Michael Charles Cimasi's answer An OASAS (Office of Alcohol & Substance Abuse Services) assessment is required through a DMV certified provider, and the judge may mandate the Drinking Driver Program. If the OASAS determines some type of counseling is required, a judge may mandate that care as part of a conditional discharge. There are many permutations of counseling and clinical intervention that can stem from a DWI conviction, but “rehab”, as in in-patient, is not strictly required under any statute. You should speak...
Michael Charles Cimasi's answer To drive a taxi/livery in NY, the DMV requires an A, B CDL, C CDL, or E license. An alcohol-related driving conviction will prevent you from holding these types of license for a longer period of time and no conditional licenses are available under these license categories.
Michael Charles Cimasi's answer The field sobriety tests should not be able to individually prove beyond a reasonable doubt that a person is intoxicated, because other explanations can be reasonably posited for all of the behaviors the tests ascribe to intoxication. And that is normally how a defense attorney cross examines the arresting officer on the field tests. In their totality, however, along with other indicia of intoxication (e.g. smell of alcohol, erratic driving, admissions, time/location of the stop, breathalyzer...
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