Get free answers to your DUI / DWI legal questions from lawyers in your area.
a chemical test was never given but a time is still printed
answered on May 20, 2018
It is likely the time that you refused the chemical test (breathslyzer, urine test, or blood test).
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?
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.
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... View More 
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... View More
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.... View More
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.
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?
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... View More
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).
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.
answered on Feb 13, 2018
It depends on the circumstances of the case. If you have no prior DWI related offenses, you may be able to get a reduction of the charge and no probation. You need to speak with an attorney about the specifics of your case in order for them to advise you about what could happen.
Dui show up on my drivers record?
answered on Jan 24, 2018
Short answer: Yes.
All DWI's will show up on a record, but there is a difference between the record you can pick up for a few bucks at the DMV or online, versus a "lifetime record" that DMV, and even many police departments, will look at.
answered on Nov 16, 2017
Any new arrest can violate probation, regardless of the outcome of the case.
Have you been found guilty after trial, or pleaded guilty, no contest or nolo contendere to a crime (felony or misdemeanor) in any court?
in 2007 i was arrested and charged with DWI in NY and dropped to DWAI
answered on Nov 14, 2017
If the charge was reduced to a DWAI violation (VTL section 1192.1), that is not a criminal conviction. So if you plead guilty to the violation, you can answer no to that question.
answered on Nov 3, 2017
Hire an attorney that knows how to handle DWI cases. Then discuss the details of the case with that attorney so he or she can advise you about the possibility of a reduction of the charge, or if it may be a good case to take to trial to try for an acquittal.
alcohol-related offenses?
answered on Oct 19, 2017
Yes. PL 1192.4 is for driving while on other types of drugs (marijuana, ecstasy, etc).
answered on Oct 4, 2017
You have to comply with everything the court has ordered, or your attorney can ask the judge to alleviate a condition if it is related to some sort of hardship.
I got a DUI back in August 2016 because I was driving high and got stopped at a checkpoint. Will this prevent me from getting student loans?
answered on Oct 4, 2017
If you are convicted of PL 1192.4 and/or another subsection that involves drugs, if you were receiving student aid during the time of the crime or conviction, you will be prevented from getting federal student aid. You definitely need to hire a good defense attorney to handle the case, as your... View More
Also, she clearly did not learn her lesson because she has a prior dwi from four years ago.
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answered on Aug 20, 2017
Contact a well-qualified DWI attorney in New York. Serious consequences will occur, if one or both of these cases are not favorably resolved.
Bob Baska. He can handle or refer you out, to an attorney closer to your court location.
www.baskalaw.com
315-399-0696
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answered on Aug 18, 2017
Theoretically, although if you are under 16 your attorney should argue that you should NOT be tried as an adult. Generally, we are able to get these sort of cases dismissed in contemplation of dismissal on a "Youthful Offender" (YO) status. This should be brought to the courts... View More
This was his first dwi in new york state.He damaged a sign and some plants. He had an unregistered semi automatic handgun. Is it possible he will just get probation and not jail? Do concurrent crimes affect weapons charges?
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answered on Aug 17, 2017
This case is too complex to GUESS at an outcome, because the particular court, judge and this person's prior record will all play a role.
Call this NY criminal defense attorney, and get his help, or a local DWI lawyer referral.
Bob Baska 315-399-0696
baskalaw.com... View More
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answered on Aug 9, 2017
Yes, but it is very uncommon for a defendant in this state to do so, especially with all the officers yelling and being ass#0l*s.
You should talk to an attorney now though, immediately. If I were handling the case, depending on the nature of the stuff I would demand a probable cause hearing... View More
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