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New York DUI / DWI Questions & Answers
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... Read 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... Read 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... Read 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
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
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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