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New York DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for New York on
Q: If the police officer who arrested me resigned and doesnt work anymore would they dismiss the case for lack of witness

The court has my blood sample from my dui but if I take it to trial don't they need a witness

Peter Christopher Lomtevas
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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

1 Answer | Asked in DUI / DWI for New York on
Q: I want to know how much time I will have if I exchange a 6/5 split l, 4 years in and done the 6 months in prison.

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

T. Augustus Claus
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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

1 Answer | Asked in DUI / DWI and Employment Law for New York on
Q: Got offer letter from a spirit job & signed it. then they gave me a background check which fail due to dui 5 years ago.

Is there anything I can't do. It's 5 years ago that I got that misdemeanor.

James L. Arrasmith
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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When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can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...
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1 Answer | Asked in DUI / DWI for New York on
Q: I received a DUI I have done everything that is being required, the counselor I went to thinks that because of a lot of

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

James L. Arrasmith
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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

1 Answer | Asked in DUI / DWI for New York on
Q: If I Had a dwi in Florida 31 years ago can I get a gun permit in new york
T. Augustus Claus
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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

4 Answers | Asked in DUI / DWI for New York on
Q: I was charged with dwi and refused to a chemical test and released on 180/80. Dmv hearing judge granted my driving

Privileges back. So what happens with the charges

Michael D. Litman
Michael D. Litman
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

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1 Answer | Asked in DUI / DWI for New York on
Q: i am being denied my privilege{right} to drive and the dmv in Albany is using past Dwi i was sentenced and convicted of
Samuel C. Breslin
Samuel C. Breslin
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

3 Answers | Asked in DUI / DWI and Personal Injury for New York on
Q: Pro se representation

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

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

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

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in DUI / DWI for New York on
Q: My husband received a dwi in upstate New York 2 yrs ago while on vacation, then flew to England & got stuck due to COVID

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?

Sandra M. Colatosti
Sandra M. Colatosti
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.

1 Answer | Asked in DUI / DWI for New York on
Q: If a person has ben charged and sentenced for felony dwi and put on probation the violates probation can they be charge

again for the same dwi

Michael D. Litman
Michael D. Litman
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

2 Answers | Asked in DUI / DWI for New York on
Q: First offense DWI. First offense, no accident 1192.2 and 1192.3 and 1128a. Returned Dl. What to 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. Can go down to DWAI since is first... View More

Michael D. Litman
Michael D. Litman
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

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

Toshinori Isoai
Toshinori Isoai
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

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for New York on
Q: Hello, if I am pulling out from stop sign to a main road with "two-way left turn" to turn left.

Where do I have to turn? To the "two-way left turn lane" or normal lane? New York State

Tim Akpinar
Tim Akpinar
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...
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2 Answers | Asked in DUI / DWI and Family Law for New York on
Q: My granddaughter’s father was issued a restricted drivers license for a DUI & he is telling me that he can drive w baby

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.

Howard E. Knispel
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Howard E. Knispel
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.

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1 Answer | Asked in DUI / DWI for New York on
Q: DWI charge pending not gone to court yet. Officer could not say who was driving. 1st offense. Possible outcomes?

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.

Randy Bryan Ligh
Randy Bryan Ligh
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.

1 Answer | Asked in DUI / DWI for New York on
Q: Is Is leaving a well lightedd area and turning your headlights on halfway across the street grounds for a DUI rest
Michael D. Litman
Michael D. Litman
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.

4 Answers | Asked in DUI / DWI for New York on
Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

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

Richard Hochhauser
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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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2 Answers | Asked in DUI / DWI and Traffic Tickets for New York on
Q: Im doing thing in class about Kevin Harts drag race insident, what would you give Hart as a punishment and why?

How many years woud you have him serve?

Michael Arbeit
Michael Arbeit
answered on Nov 12, 2020

What class are you doing this for and where.

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2 Answers | Asked in Criminal Law and DUI / DWI for New York on
Q: If I have a bench warrant in NY and have a court case in PA would I get arrested in court when I appear in court in PA
Victor M. Feraru
Victor M. Feraru
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.

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