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New York DUI / DWI Questions & Answers
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
Richard Hochhauser 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,... Read 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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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for New York on
Q: I was stopped walking in June 30th 2017 ask to blow 0.00 at 2:30 am because the cop profiled me

My refusal warnings were read to me at 628am where I allegedly refused urine 4 hours after first test legal aid is telling me I don’t have a case call me please

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

If you were walking and were asked to blow for being intoxicated its different than driving.

Suspended License: Refusing a breathalyzer or chemical test in New York State can result in a 1-year license suspension. ... Civil Fine: Drivers face a fine of $500 for refusing to take a...
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4 Answers | Asked in DUI / DWI for New York on
Q: what happens to me if i hit someone on bike and they die
Howard E. Knispel
Howard E. Knispel answered on Oct 19, 2020

You could be charged with vehicular homicide and, if you had alcohol over the limit, you could also be charged with Aggravated DWI. You need to see a lawyer right away.

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2 Answers | Asked in DUI / DWI for New York on
Q: I just recently received and DUI(NY) while driving with my girlfriends plate? What’s the worse case scenario?

Improper plates is 1 of the charges

Michael J Stachowski
Michael J Stachowski answered on May 21, 2020

The worst case is a Misdemeanor criminal conviction,a loss of license ,a 6 Month revocation and a jail term. That is if you haven't had a prior DWI Under those facts ,it would be a felony which is hard to overcome and could mean Jail of 1-4 years and a thousand dollar fine. However with a... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

1 Answer | Asked in DUI / DWI and Immigration Law for New York on
Q: what am i supposed to do now?

hi. i have arrested for dui and my case still on court . i didn't pledge guilty yet coz my lawyer said if i agree for conditional discharge then my charges will be reduce to dui to DWAI (which is not crime , traffic violation ). right now i am waiting for my hearing and also doing scram... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 13, 2019

More information is needed.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications or losses. Good luck.

1 Answer | Asked in DUI / DWI for New York on
Q: What do I do about a dui conviction
Michael D. Litman
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
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
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
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
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
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
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... Read more »

Zev Goldstein
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
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
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
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
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 »

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