Get free answers to your DUI / DWI legal questions from lawyers in your area.
IN NJ DWI is considered a traffic violation and i'm worried this NY incident will be trumped up to a felony if they count NJ as misdemeanor instead of a violation.
answered on Feb 4, 2017
See: https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More 
i sent two notice to the prosecutor trying to handle this on a private level; no response. in court the prosecutor waved my notice to the judge like it held no merit; i had no understanding of what was going on in that court; the judge entered a not guilty plea on my behalf and proceeded with... View More
answered on Feb 3, 2017
It sounds like you're lost. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More
HAVE PASSED FOUND PIECE OF CRACK WRAPPED IN TISSUE IN CUP HOLDER WAS NOT MY CAR CHARGED WITH DUI AFFECTING MY RELICENSING WITH NEW LAWS CAN THIS BE REVISITED AND REDUCED
answered on Feb 3, 2017
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,... View More
I was pulled over for a DUI in early 2000 In Concord, NC. After blowing only .06 at the station. Even after blowing only .06 at the station. I never finished the court process. I was doing time in Virginia for another DUI. I have been very active in recovery since. Who do I call and what... View More
answered on Feb 1, 2017
Contact a NC lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
When can I get my license back? I live in upstate New York. I satisfactorily completed probation and head and ignition interlock on my car for 1 1/2 years. Just isn't my probation was ending my probation officer said that a new law just started saying that you will lose your license. When... View More
answered on Jan 30, 2017
Read the most recent related court order. It should answer your questions. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More
answered on Jan 27, 2017
You mean the punishment? It's a misdemeanor, and you can have your license suspended, be forced to pay a fine, and might even face jail time (especially if it's a 2nd offence). The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
answered on Jan 25, 2017
You may petition the court to permit a payment plan; or you might consider borrowing the money. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website.... View More
He was told by the INSURANCE Company's attorney that he can refuse to pay. My concern is...if he does that, can the insurance company seize assets, i.e. motorcycles, cars, put a lein against a home his name is on?
answered on Jan 23, 2017
It depends on the facts. Have a lawyer review your case and your insurance agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More
I was arrested in may for a DWI. I know what my BAC was bc I think I was told by the cop. This is my fourt court appearance and the DA still doesn't have my BAC results. They weren't submitted or they are having a hard time locating them. What might end up happening is I'll get a... View More
answered on Jan 21, 2017
Unless blood was taken, the prosecution should know your BAC by now. If you submitted to a breathalyzer it would have known immediately. Driving While Ability Impaired (DWAI) is a traffic infraction, and although it is not considered a criminal conviction it is a not a violation. The DWAI is... View More
answered on Jan 12, 2017
There is no set time limit. Every case is different. It takes about three months for a case to reach a trial posture. Once a case is on for hearing and/or trial, it could take a year or longer for a trial to commence.
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answered on Jan 9, 2017
New York does allow for a restricted license status after being convicted. It will allow you to drive to and from work or to school. It is very limited and you are only eligible for this once. I recommend you speak with a lawyer to learn more.
Since I posted, I received a call back from the records department at DMV who informed me that Governor Cuomo had put into law that all DWI information originally slated to fall off your abstract after 10 years has now been changed to 15 years. She told me that the computer actually went back in... View More
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answered on Jan 2, 2017
This was most likely an oversight as it should be on permanently. THAT SAID, after 10 years, you may petition a Court of competent jurisdiction to expunge and seal the conviction. This is often difficult, but considering it was (hopefully) a non-violent crime, certainly doable.
A few... View More
I recently discovered that my NYS DMV abstract reveals a dwi from 2002. That might explain why I have received "thanks but no thanks" from so many job applications over the past few years. I spoke with dmv today after printing my abstract and was told that they didn't know why it... View More
answered on Dec 24, 2016
Were you convicted of DWI in New York? If so, you have a permanent criminal record.
- does this make the current one a felony?
answered on Dec 20, 2016
Yes, it sounds like the DWI in New Jersey will be the basis for a felony DWI in New York. Speak to an experienced and agrrresive DWI attorney.
I was driving home I believe I passed out and veered into a parked car. I was taken to the hospital because I had a head trauma which I received 5 staples. I refused all test which truthfully I don't remember due to the head trauma . At arraignment the DA had no refusal letter or video of the... View More
answered on Dec 10, 2016
Far more facts are needed to answer your question. While it's unlikely that the failure to do the refusal paperwork alone will win the case it is definitely something that works in your favor.
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answered on Dec 1, 2016
You can represent yourself but I would advise against it. DWI's deal with a complex area of law and serious penalties. An experienced lawyer can find any defects in your case and contest the evidence submitted against you. I would recommend speaking to a lawyer before you decide. Many offer... View More
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answered on Nov 27, 2016
In New York, a criminal conviction will stay on your record permanently. There is no legal way to expunge (remove) this from your record. As time passes however, it will be easier to explain to future employers as a mistake from long ago.
If the person is now in a rehab facility for approx 3 months and a court date is set during that time and
the person cannot afford a lawyer would he still be eligible for a legal aid lawyer. He is presently not collecting
any salary at all.
answered on Nov 9, 2016
You may or may not be eligible for a public defender. Any assets that you own could be considered. See this document: https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Final%20Eligibility%20Standards/Eligibility%20Criteria%20and%20Procedures%20FINAL%20FULL%20April%204%202016.pdf.
answered on Nov 2, 2016
The penalties are a little less harsh for snowmobiles than cars, but they are still crimes. For example, a first DWI offense is a misdemeanor punished by up to one year in jail and a second within ten years is a felony. A first offense SWI is also a misdemeanor punished up to 90 days in jail and a... View More
answered on Oct 20, 2016
You can be arrested for anything. The question is whether the arrest is proper. It must be based upon probable cause or a valid warrant.
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