Queens, NY asked in DUI / DWI for New York

Q: DUI NY First time ofense. Charged w/ 1192.2, 1192.3 and 1128A. Returned DL and told can drive. What can expect in court?

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

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3 Lawyer Answers
Toshinori Isoai
Toshinori Isoai
Answered
  • DUI & DWI Lawyer
  • New City, NY
  • Licensed in New York

A: 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 and penalties. There are so many factors that must be considered in DWI defense including your type of driver license, occupation, age, BAC reading, blow machine used, time, environments at the police station, etc. The prosecuting attorney or ADA is not your friend or your attorney. Retain a counsel as soon as possible.

Michael Arbeit
Michael Arbeit
Answered
  • DUI & DWI Lawyer
  • Freeport, NY
  • Licensed in New York

A: What county is this matter pending at? What did you blow? Accident? Call me to discuss. (516) 766-1878. Always available 24/7

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

A: You are bwing charged with dr8ving under the influence of alcohol where your BAC is over the legal limit of .08 as well as driving out of your lane. Different counties prosecute these differently in regards to plea bargaining depending on your actual BAC. That will determine what happens. You need a competent experienced lawyer to deal with the prosecution.

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