Hi - sorry about your incident. The others here are correct. When one is arrested for DWI and there was a refusal to submit to a breathalyzer, that triggers not only a court case, but an administrative hearing with DMV. The court case is independent of the refusal hearing conducted by DMV. If your... View More

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

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

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

Addendum...

My colleague raises good points. As an addendum, I'll add this about your mention of the expert. It's common for experts to be challenged. That's one of the issues on which an experienced attorney's trial advocacy skills could be important - it takes skill to... View More

Yes, you can still represent yourself if the defendant is represented by counsel. That said, as you are already aware, "A man who is his own lawyer has a fool for a client." Although you were able to adequately represent yourself when the defendant was not represented by counsel, you... View More

Yes they can

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.

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

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

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

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... View More

If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.

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.

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.

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

What class are you doing this for and where.

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.

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... View More

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.