Get free answers to your DUI / DWI legal questions from lawyers in your area.
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More 
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answered on Nov 16, 2024
Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.
Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8
answered on Jul 6, 2024
It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More
The court has my blood sample from my dui but if I take it to trial don't they need a witness
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answered on May 11, 2024
Motor vehicle and their drivers are a special class for milking for added government revenue. Private automobiles pollute. They are a menace to pedestrians. Government wants to dramatically reduce the footprint of the modern automobile. Government uses DWI to accomplish that objective.... View More
I had a felony DWI( AUO made it a felony), .08% first offense. I was incarcerated for the 6 months in prison and now I am 4 years into probation and I have an open violation for missing appointment w PO. Since April I've been suspended no time being credited and I just cannot go on w the... View More
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answered on Jan 24, 2024
The potential consequences for a probation violation can vary based on several factors, including the nature of the violation, your criminal history, and the specific terms of your probation. Since you're dealing with a felony DWI and probation violation in New York, it's important to... View More
Is there anything I can't do. It's 5 years ago that I got that misdemeanor.
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answered on Nov 28, 2023
When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can consider:
Review the Offer Letter and Company Policy: Check the details... View More
Things that have happened in the past couple years my 2 best friends died ,lost and got a new job, had a friend/ex boyfriend die in front of me and I did CPR on him that they want to continue counseling alcohol and mental. I am ok with mental health help but I have never had issues with DWI or... View More
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answered on Nov 4, 2023
In New York, the requirements for reinstating your license after a DUI typically include completion of a state-approved impaired driver program and any recommended treatment. If your counselor has recommended continued alcohol and mental health counseling, it's important to understand whether... View More
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answered on Oct 6, 2023
In New York, a DWI conviction from another state could potentially impact your eligibility for a gun permit, but the decision often depends on various factors. New York is generally strict when it comes to gun permits and will consider character and fitness as part of the evaluation process. A DWI... View More
Privileges back. So what happens with the charges
answered on May 11, 2023
The criminal charges are separate from the DMV refusal case. You will still need to deal with the criminal case, but depending on how the DMV case goes, you might get some testimony at the DMV that helps in the criminal case. Did the DMV judge give you your license back due to the officer not... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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
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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,... View More
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