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I have received a seven month sentence in county jail for a VOP. How are the days calculated, and how many will I serve?
I violated the terms of misdemeanor DWI. I have served 80 total days and was allowed out (county supervisor pulled strings). Just want to know what my release date will be.
Local time is figured differently fro State time, and probation violation should conform to the standards of State time.
Just wondering what the normal fee is for a 2nd DWI offense within 10 years. I would like to know 4k or 5k?
There is no set fee schedule DWI cases because every case is unique and has its own particular issues. Before I quote...
i blew two positive alcohol tests into an intoxilock driving device due to mouthwash on two separate occasions. i have the company read out of my testing history with this device and on those two occasions i took the breathe test not three minutes later and i passed on both occasions also the device tests me every five minutes after the first test and every twenty minutes after that. i have the documentation. does the prosecution have a case against me.
The prosecution could allege a violation of your probation. However, it would appear that you have a defense to any...
Based on the research I've done, it's been made clear that a DWAI conviction is a violation and not a crime, BUT said conviction will still generate an NYS "RAP sheet" with details of the arrest, etc. In the event of a background check, what specifically differentiates a DWAI from a DWI if it still shows up on a "RAP sheet" specifically reserved for criminal offenses? How would an organization know how to interpret the results of a background check without understanding the small nuances in the law? Wouldn't the assumption be that there was a crime committed based on ANY 'RAP sheet' entry? For all intents and purposes, it sounds like a 1192.1 shows up the same as a 1192.2 or 1192.3 in background check information.
Both show up on a criminal record check, but one is a misdemeanor, the other isn'tt, and the penalties for a DWI are...
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me was asked to point me out in court. He said "that's her with the blue sweater. I was wearing a white blouse. He misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
Please review my answer - and my colleagues' answers - on your prior post.
In NY, is probable cause required to request a motorist to submit to a Portable Breath Test (PBT) device, i.e. Alco-Sensor/SD-2?
In NY, is probable cause required to request a motorist to submit to a Portable/Preliminary Breath Test ("PBT") device, ie. Alco-Sensor/SD-2, after an accident? Does a police officer need probable cause or reasonable suspicion to request a motorist to submit to a Intoxilyzer SD-2 or Alco-Sensor handheld breath test device after a serious accident? Is there any relevant case law pertaining to this type of scenario? Under what circumstances is a police officer allowed to demand a motorist to submit to a "PBT" device? Does the answer change depending on if there was an accident or not? If a defendant is involved in a serious motor vehicle accident in NY, does the officer need some kind of legal standard of proof (other than the accident itself) to request a motorist to blow into a PBT device?
Yes. A police officer needs probable cause to ask someone to take a breath test.
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me, misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
What you were wearing at the time of the arrest? I doubt it is sufficient to reverse the conviction. Did you claim you...
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