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I was pulled over for speeding in Utah, given a field test, refused the breathalyzer (my confusion, I thought that was recommended), read my Miranda rights, arrested, they took blood at the station with an e-warrant. I am now back in New York State, having paid my bail. I am concerned my BAC will be over .16. I have no prior arrest record. I realize a good lawyer in Utah is crucial. New York State seems to have even harsher laws, could I face jail time or other penalties other than fees and license suspension in New York, even if UT does not give me jail time? Do I need to hire a New York lawyer too, and when should I do so?
I suggest you look at the chart of penalties for drinking and driving offenses on the New York State Department of...
When a police officer is testifying to a motorist's intoxicated condition during a VTL 1192.3 trial, is he/she allowed to opine to pass or fail results of field sobriety tests? Can the police officer say while testifying against the defendant at trial that "she failed the one leg stand"?
Yes.
I was arrested for an alleged dwi. Terminated from my job with the MTA. Only found guilty of disorderly Conduct. I was in my probationary period. Only a DWI could have gotten me terminated, but was not found guilty of that. Getting arrested for disorderly conduct, to begin with, would not have gotten me terminated. The MTA treated me as guilty without letting the court rule. Any cop can charge someone wrongfully. Shouldn't it matter what the judge or court rules?
Probationary employees have minimal protections under civil service and union rules. I can't say there is no way to...
I have a DWI arrest and my car was seized.. should I notify the company where I'm leasing my car because right now I signed for settlement agreement and it may take like 3 months before i can take back my car? by the way, the lease expires on 2014.
An attorney can request the DA to release your vehicle and try to speed up the process so you can get it back sooner.
I received a DUI in NJ in August and am about to have my license suspended in the coming week when I go to the hearing with my lawyer (who feels confident it will be a reduced penalty, but still a suspension). NJ has no provisions for conditional work driver's license, but I recently took a new job in NY. I have established legal residence there already. The NYC DMV website FAQ says I cannot transfer my license while it is suspended in NJ. Is there any route I can take to request a hardship license or at least get a permit to drive to work in NYS (yes, I know I still cannot drive in NJ)? I will need to commute between Brooklyn and Long Island, which is not practical to do on public transportation.
You are going to have to wait until the suspension is lifted in NJ. You should talk to NJ about getting a conditional...
I was charged with a DUI in CT a year and a half ago. It was dismissed after completing an alcohol education class. The DMV case was dismissed as well, due to a reporting/timestamp error by the police department. I'm a CT and NYS-licensed RN, applying for jobs in NYC now. What will show up on a background check?
Re-post on the CT Avvo page to see what it's sealing law is.
I am at Columbia Law School, and I have completed one year so far. I was arrested for a DWI while visiting college friends from Buffalo. I received a DWAI when I was 19, so this will be considered a second drinking offense. Other than that, my record is clean. I am concerned that my future in law has just ended. I planned on joining a criminal defense firm upon graduating (that handles a lot of dwi cases ironically). I am currently interning for them and haven't said anything as I do not want to burn bridges or have them question my judgement. But anyway... 1. Do I need to inform Columbia Law School that I was arrested for this? 2. Should I give up on my career dreams?
Read your school documents to see if you are obliged to report arrests. You probably are not. A misdemeanor conviction...