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The fire co. extracted him. A sheriff went to the hospital where he was admitted. He took a breath test there and also a blood test. The sheriff said he would be back to talk with him, but never gave him a card or his name. My relative had some alcohol in his blood but thought he would be in... View More 
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answered on Dec 6, 2015
You should discuss this matter with a New York criminal defense attorney. If your relative cannot afford an attorney, he may qualify for the services of a public defender. It may be worth it to contact a private criminal defense attorney for even a consultation to discuss the case and potential... View More
answered on Sep 27, 2015
If you took a plea and part of that plea was and agreement that you do DDP classes, then I suggest you do those classes.
And 4 possession of controlled substance not in bottle. I have a prescription for 1 maybe 2 of them but not the others. And I was caught stealing so now these are all misdemeanor class A charges and my lawyer seems to think he could get these reduced and I will just have to go to drug treatment...... View More
answered on Aug 21, 2015
What I think is that you should speak only with your own attorney about this and follow his advice.
answered on May 27, 2015
Call me today for a free consultation. 516 766 1878. -Michael Arbeit
Do I have to plead not guilty to get a d,w,I lowered to a d.w.a.i and to get a court appoint lawyer
answered on Apr 8, 2015
Plea negotiations in DWI cases are always subject to several factors and no two cases, jurisdictions, Assistant District Attorneys or Judges are alike. In short, yes it is possible to negotiate a .15 down to a dwai conviction however, there is no guarantee, and many jurisdictions use an unspoken... View More
I also got auo in the 1st and driving with out an interlock system
answered on Apr 8, 2015
Because you were convicted of a second DWI and it was "Aggravated" within 10 years of your DWAI conviction you should have lost your driving privileges for 18 months, however, because you violated the "Zero tolerance law" for both changes, the second alcohol related charge... View More
She has no other convictions or arrest record
answered on Mar 17, 2015
Call my office for a free consultation. (516) 766-1878. -Mike.
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answered on Feb 2, 2015
Because of your age, if you had a blood alcohol level of 0.02 or higher, your charge comes under New York's zero tolerance law. You could receive: $125 penalty, suspension of your license for 6 months, a $100 charge for suspension termination, need to enroll in a drinking driver class, and... View More
I have not yet completed the DDP program but I am enrolled, my court date is in a few days, can I show up, pay the fine but ask for more time to complete program and present myself to show proof?
answered on Sep 23, 2014
As long as you can show proof to the court/prosecutor that you are currently in compliance with the court's order, and there is no violation (e.g. missing class dates, etc.) then there should be no problem asking the court for additional time to complete your classes. You will simply get a new... View More
answered on Mar 15, 2012
The only law which permits this is the diversion program. If a defendant who is charged with a drug or alcohol offense opts for diversion, which is a drug court program, the charged can be dismissed if they successfully complete the program
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answered on Aug 9, 2011
No, there is no possibility of a non-alcohol plea bargain for any alcohol infraction or crime.
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answered on Aug 9, 2011
Since you are under the age of 21, the license revocation for a DWAI is a minimum of one year. For adults, there is a 90 day license suspension on a first time DWAI.
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answered on Aug 9, 2011
A "Notice of Completion" will be sent to the Department of Motor Vehicles when you successfully complete the program. The DMV will then determine if you are eligible to be reinstated or not. For example, if there was a refusal to take a chemical test, you would have to wait a full year... View More
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answered on Aug 9, 2011
The class is 7 weeks, and each session lasts approximately two to three hours. Total classroom time is 16 hours to complete the program.
The horizontal nystagmus is quite visible and with horizontal nystagmus balance can be a slight issue at times. So walking in that line might be slightly wobbly.
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answered on Aug 5, 2011
The officer who asked you to do the HGN should have questioned you about any illnesses, medications, you were taken or conditions which would make it impossible for you to comply with the three parts of the HGN test. He could have performed the other two standardized FST's (walk and turn and... View More
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answered on Jul 29, 2011
There is no statutory requirement that you agree to perform the field sobriety tests when the officer asks you to do so. However, at trial, the DA will probably be permitted to introduce your refusal to perform these tests as some evidence of guilt in the drunk driving case against you. Unlike... View More
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answered on Jul 29, 2011
The standardized Field Sobriety Tests are the horizontal gaze nystagmus, during which the officer examines involuntary movement of the eyes while following a stimulus, the "walk and turn", in which the person is asked to walk along a straight line, heel to toe, for nine steps and then... View More
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answered on Jul 29, 2011
The cost should be approximately $50.00 to $60.00.
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answered on Jul 29, 2011
Yes, you are permitted to take the Drinking Driver Program once every 5 years.
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answered on Jul 29, 2011
If the officer does not appear for the first scheduled hearing, it will be adjourned by the Judge. If the officer does not appear the second time, the judge will proceed with the hearing utilizing the police report and report of refusal as evidence of the alleged refusal.
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