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New York DUI / DWI Questions & Answers

1 Answer | Asked in DUI / DWI for New York on

Q: What do I do about a dui conviction

Michael D. Litman answered on Dec 11, 2018

I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years... Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: Am I entitled as a Defendent a copy of my pre sentence report? I. Am pro se

Whats the difference between the two?

Defezndent or defendent whos pro se?

I know pro se is being your own lawyer.

Im mean as it regards the p.s.i.?

Ill fire my public def just so i can have what i want..cpl 390.50

Kristen Epifania answered on Nov 20, 2018

You are entitled to a copy of your paperwork, whether you are a pro se defendant or if you are represented by an attorney.

1 Answer | Asked in DUI / DWI for New York on

Q: Facing a dwi felony in ny. I live in georgia. How likely is it they will extradite me

Michael Arbeit answered on Oct 29, 2018

What county is the Felony DWI pending? It is quite likely that will be extradited on a pending felony charge.

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

Q: I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny

Samuel C. Breslin answered on Oct 14, 2018

You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner... Read more »

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1 Answer | Asked in DUI / DWI for New York on

Q: I was refused entry to attend a V.I.P for a DWAI due to intoxication. I am to be re sentenced, Will it be a DWI again?

I was supposed to attend a VIP as part of my conditions for my DWAI. I was refused entry due to suspected intoxication, and on my way out flipped the bird to the cop. A few days later I received a letter for re-sentencing. My original charges were a DWI and a refusal. which i plead down to a DWAI.... Read more »

Michael Arbeit answered on Oct 6, 2018

If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.

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

Q: What would the consequences be if I refused a Breathalyzer?

Michael D. Litman answered on Sep 25, 2018

If you refuse to take a chemical test (breath, blood or urine), the DMV can revoke your license for one year. During that one year time period, you will not be able to get a conditional license unless you plea guilty or are found guilty of a DWI related offense. Additionally, your refusal may be... Read more »

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

Q: Dui in NY state . already plead guilty .Is there anything we can do to lessen the charge to prevent a criminal records

Michael Arbeit answered on Aug 15, 2018

If you have already plead guilty and have been sentenced, the matter is done. If the sentence was more than 10 years ago and you meet other criteria, you may be eligible to have this matter sealed pursuant to CPL 160.59.

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1 Answer | Asked in Traffic Tickets and DUI / DWI for New York on

Q: I received a 3 day suspension of my license while in Canada after a breathalyzer. How will this affect my NYS DL?

I received a Notice of suspension - Section 48 / Article 48 Driving 50 mgs of alcohol or over. While driving a vessel. The fine print states "this is a notice of suspension. This is not used to lay a charge." I was advised by the Ontario Provincial Police to go to the DMV when I returned home... Read more »

Zev Goldstein answered on Aug 6, 2018

Make sure you take care of the suspension in Canada, because you may remain suspended in NY indefinitely as long as the suspension in Canada is open.

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

Q: If you challenge a DUI will the arresting officer testify in your case?

Samuel C. Breslin answered on Jul 27, 2018

If your case goes to hearings or trial the arresting officer will almost certainly testify. I hope this helps. Good luck

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1 Answer | Asked in DUI / DWI for New York on

Q: If I was charged with a DWI 6 years ago as a minor and it is sealed, do I still need to install an ignition interlock?

I have not had my license for 6 years now because of this. I am a college graduate and just got my first job under my degree in the medical field. My permit states that I need an ignition interlock in my car while driving for 6 months. How is this possible when my accident was 6 years ago. What can... Read more »

Michael Charles Cimasi answered on Jul 23, 2018

It really depends what your licensure status has been for the past six years. In order to get any useful answer, you are going to need to speak with an attorney after he or she has reviewed your paperwork and licensure status. If an interlock period is required, no appeal will be meritorious.... Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: Can the cops legally search your car in a DUI stop?

Michael Charles Cimasi answered on Jul 13, 2018

At a DWI stop, most jurisdictions have the defendant’s vehicle towed or impounded. Police will often perform searches and claim they are for “inventory” purposes (so no one can claim items were lost/stolen at impound), or for “officer safety” (to ensure no weapons or dangerous materials... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for New York on

Q: Likelihood of jail time for first time DWI (1.52) offender with vehicular assault with serious injury to victim?

Jonathan A. Rosenberg answered on May 20, 2018

No lawyer - no matter how much they want your money - can tell you the likelihood of jail on a criminal case, with the exception of some especially serious felony charges that appear to be supported by strong evidence. So, for example, a lawyer could guarantee a high likelihood of jail time in the... Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: does a New York notice form 710.30 always have a time printed beside "Time of test" in section 6. Chemical Test Info

a chemical test was never given but a time is still printed

Michael Charles Cimasi answered on May 20, 2018

It is likely the time that you refused the chemical test (breathslyzer, urine test, or blood test).

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

Q: Do I have to show up to court for DWI charge if I hire an attorney

I was pulled over for drunk driving while visiting family in Buffalo, NY. But I live in California. If I hire an attorney do I have to show up to court in person or can the lawyer handle this all for me over the phone?

Michael Varble answered on Apr 20, 2018

Your attorney can have you sign an affidavit authorizing the attorney to appear on your behalf and authorizing you to enter a plea. The attorney just has to specify what the charge is that he is authorized to enter a plea to on your behalf. It happens all the time.

Best of luck with it.

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1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for New York on

Q: Is my lawyer really representing the cop because he is friends with the department ?

I’m not a lawyer, I feel my family is being taken advantage of , and I have no where to turn. My wife was arrested for a dwi. When she was pulled over the officer noticed she has a PBA card and asked her about it. She told him it was an old card , it was her ex brother in law , who hates her for... Read more »

Susan Chana Lask answered on Apr 14, 2018

Police Officers can call the officer who is listed on the PBA card. So I do not see anything wrong with the officer who stopped your wife with calling the brother in law.

Next, it cannot be said whether or not the lawyer is representing the other side just because he is friends with the...
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1 Answer | Asked in DUI / DWI for New York on

Q: Do you have to go to rehab if you get a DUI?

Michael Charles Cimasi answered on Apr 12, 2018

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.... Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: What happens if a cab driver is pulled over for drunk driving?

Michael Charles Cimasi answered on Mar 30, 2018

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.

1 Answer | Asked in DUI / DWI for New York on

Q: If I had To do the dui 9 step heel-toe test and I failed how do the officers know Im dui or if I have bad balance

Just curious because no one is perfect and no one has perfect balance, and for someone who is injured or has had a injury and just doesn’t do good them they get arrested for nothing?

Michael Charles Cimasi answered on Mar 28, 2018

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... Read more »

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

Q: If I'm pulled over by a cop, am I legally required to submit to a field sobriety test?

Michael D. Litman answered on Mar 13, 2018

You are not legally required to submit to anything. You can refuse all tests. But that refusal can be used against you at trial and in plea bargaining. Additionally, your drivers license may be revoked if you refuse to take a chemical test (test of your breath, blood or urine).

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1 Answer | Asked in DUI / DWI for New York on

Q: How is it that someone can get a dui if their BAC is below the limit?

Michael D. Litman answered on Feb 16, 2018

It is hard to say without knowing what the BAC is. If the BAC is between .05 and .079, the driver can be charged with driving while ability impaired, a violation. If the BAC is above that it is a DWI. You need to discuss the matter directly with an attorney to see about the specifics of your case.

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