Your husband's attorney can serve a demand to return the car. Alternatively some DA's offices will release the car after a waiver of certain defenses.

You raise an excellent question. Operation of a motor vehicle is an element of DWI. That means a person starts a the motor vehicle with the intention of putting it in motion. Based on what you wrote,

the element may be difficult for a prosecutor to prove beyond a reasonable doubt because... View More

Your willingness to pay a fee probably is not going to get you a better deal. Speak to an aggressive defense attorney.

That's a good question. There are two types of DWI in New York: (1) per se, which is .08% BAC and above; and (2) common law, which is driving a car in an intoxicated condition. It would be difficult for a prosecutor to prove common law DWI beyond a reasonable doubt unless there were other... View More

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answered on Sep 27, 2016

If your license is taken during your arraignment hearing, you may be able to request a “hardship license.” This type of license allows you to drive to and from work only. Your lawyer should be prepared to request this on your behalf

Yes, plea bargain are possible in DWI cases. But it depends on very specifics facts. Speak to an experienced attorney to receive a full appraisal of your case.

People can always refused to submit to a chemical test, whether by breath or blood. There are consequences for doing so. Every case is different and it depends on the facts. Speak to an experienced defense attorney to answer your question after explaining the full facts.

Your attorney could ask that the judge recuse himself because he is a potential witness.

You should have a lawyer handling this. There is no problem with a judge advising you of your rights---in fact that is required at an arraignment. Miranda warnings are not even required absent custodial interrogation. Were you interrogated while in custody?

Every state determines its own licensing requirements. Contact an attorney familiar with DWI and NY licensing requirements. You may want to get a complete driving record before your appointment.

Is he on probation? Most probation terms include abstaining from alcohol and staying out of bars. If he is not on probation, and is legal drinking age, then drinking responsibly should not be an issue.

You might, since she should have been carded and denied service. Contact a civil attorney concerning this.

Sometimes a court or probation officer will be agreeable to early discharge from probation if all fees are paid and all requirements are complied with, with no violations. If that is your situation, contact your probation officer and ask about early discharge from probation.

Of course. You could be found not guilty at trial.

Almost certainly.

Absolutely! The State can still make a case with other evidence.

If you mean field sobriety tests or coordination tests, then, no, you do not. Nor do you have to submit to a breath or blood tests, but the refusal will lead to an immediate suspension of your driver's license.

Options, schmoptions, you only get to plead innocent or guilty.Contact an attorney who handles DUI cases in the county where you are being charged. That's how you fight appropriateness of charge.

The insurance company is just finding out about your violation.

The owner of the car has what is called an "innocent owner" defense. The owner should contact an attorney if the authorities are failing to return the vehicle.