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answered on Jan 9, 2017
New York does allow for a restricted license status after being convicted. It will allow you to drive to and from work or to school. It is very limited and you are only eligible for this once. I recommend you speak with a lawyer to learn more.
Since I posted, I received a call back from the records department at DMV who informed me that Governor Cuomo had put into law that all DWI information originally slated to fall off your abstract after 10 years has now been changed to 15 years. She told me that the computer actually went back in... View More 
answered on Jan 2, 2017
This was most likely an oversight as it should be on permanently. THAT SAID, after 10 years, you may petition a Court of competent jurisdiction to expunge and seal the conviction. This is often difficult, but considering it was (hopefully) a non-violent crime, certainly doable.
A few... View More
I recently discovered that my NYS DMV abstract reveals a dwi from 2002. That might explain why I have received "thanks but no thanks" from so many job applications over the past few years. I spoke with dmv today after printing my abstract and was told that they didn't know why it... View More
answered on Dec 24, 2016
Were you convicted of DWI in New York? If so, you have a permanent criminal record.
- does this make the current one a felony?
answered on Dec 20, 2016
Yes, it sounds like the DWI in New Jersey will be the basis for a felony DWI in New York. Speak to an experienced and agrrresive DWI attorney.
I was driving home I believe I passed out and veered into a parked car. I was taken to the hospital because I had a head trauma which I received 5 staples. I refused all test which truthfully I don't remember due to the head trauma . At arraignment the DA had no refusal letter or video of the... View More
answered on Dec 10, 2016
Far more facts are needed to answer your question. While it's unlikely that the failure to do the refusal paperwork alone will win the case it is definitely something that works in your favor.
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answered on Dec 1, 2016
You can represent yourself but I would advise against it. DWI's deal with a complex area of law and serious penalties. An experienced lawyer can find any defects in your case and contest the evidence submitted against you. I would recommend speaking to a lawyer before you decide. Many offer... View More
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answered on Nov 27, 2016
In New York, a criminal conviction will stay on your record permanently. There is no legal way to expunge (remove) this from your record. As time passes however, it will be easier to explain to future employers as a mistake from long ago.
answered on Jan 25, 2017
You may petition the court to permit a payment plan; or you might consider borrowing the money. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website.... View More
If the person is now in a rehab facility for approx 3 months and a court date is set during that time and
the person cannot afford a lawyer would he still be eligible for a legal aid lawyer. He is presently not collecting
any salary at all.
answered on Nov 9, 2016
You may or may not be eligible for a public defender. Any assets that you own could be considered. See this document: https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Final%20Eligibility%20Standards/Eligibility%20Criteria%20and%20Procedures%20FINAL%20FULL%20April%204%202016.pdf.
answered on Nov 2, 2016
The penalties are a little less harsh for snowmobiles than cars, but they are still crimes. For example, a first DWI offense is a misdemeanor punished by up to one year in jail and a second within ten years is a felony. A first offense SWI is also a misdemeanor punished up to 90 days in jail and a... View More
He was told by the INSURANCE Company's attorney that he can refuse to pay. My concern is...if he does that, can the insurance company seize assets, i.e. motorcycles, cars, put a lein against a home his name is on?
answered on Jan 23, 2017
It depends on the facts. Have a lawyer review your case and your insurance agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More
The the towing company won't release it to us b/c the cops have a hold on it. How long can they hold the car? I need it to get to work.
answered on Oct 18, 2016
Your husband's attorney can serve a demand to return the car. Alternatively some DA's offices will release the car after a waiver of certain defenses.
answered on Oct 20, 2016
You can be arrested for anything. The question is whether the arrest is proper. It must be based upon probable cause or a valid warrant.
-- the car was idling but he was not driving. Mall cop said he'd called the regular cops - once they go there he got charged with a DUI. How is that possible if he wasn't driving?
answered on Oct 11, 2016
You raise an excellent question. Operation of a motor vehicle is an element of DWI. That means a person starts a the motor vehicle with the intention of putting it in motion. Based on what you wrote,
the element may be difficult for a prosecutor to prove beyond a reasonable doubt because... View More
I was wondering if paying part of my suspension such as the refusal fee would help avoid jail time i keep seeing a mandatory jail sentence
answered on Oct 7, 2016
Your willingness to pay a fee probably is not going to get you a better deal. Speak to an aggressive defense attorney.
answered on Oct 4, 2016
That's a good question. There are two types of DWI in New York: (1) per se, which is .08% BAC and above; and (2) common law, which is driving a car in an intoxicated condition. It would be difficult for a prosecutor to prove common law DWI beyond a reasonable doubt unless there were other... View More
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answered on Sep 27, 2016
If your license is taken during your arraignment hearing, you may be able to request a “hardship license.” This type of license allows you to drive to and from work only. Your lawyer should be prepared to request this on your behalf
answered on Sep 27, 2016
Yes, plea bargain are possible in DWI cases. But it depends on very specifics facts. Speak to an experienced attorney to receive a full appraisal of your case.
answered on Sep 22, 2016
People can always refused to submit to a chemical test, whether by breath or blood. There are consequences for doing so. Every case is different and it depends on the facts. Speak to an experienced defense attorney to answer your question after explaining the full facts.
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