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Out of state DWI: Live in NJ. DWI in NY State. Is is better to get lawyer local to town of violation?
Small town in Catskills of NY. I live a few hours away in NJ. Is there any real advantage, slightest as it may be, to find a lawyer local to the town, who may know the prosecutor, arresting officer, judge, etc? I've looked on here for any lawyers in this town, and none are showing, although there are some in some towns near by. I am not suggesting they are all buddies and this will just go away. I am merely looking to see if that would even matter.
It is a good idea to hire a good criminal defense lawyer who regularly appears in that court so he or she will know the...
After the dmv made the interlock law in 2012, it goes back 25 years , what happens to the people that got their license before
dmv for ignition interlock In NY out in 2012 , goes back 25 years , if you got convicted of dwi, then lets say in 2008 told can drive and got your license , do they make you now install a interlock device and then restrict your license after the fact ? Is that re-punishment after already convicted ?
You are not real clear. How many alcohol related convictions are on your DMV record? Any serious driving offenses (SDO)?...
Can DMV impose an ignition interlock ? Even though never court ordered
3 dwi total , last conviction in 2005, license revoked , attended outpatient program , 5 years probation completed in 2010 . Told by probation I was lucky in regards to new law of ignition interlock , created after my conviction , so does not affect me. Was actually told by DMV in 2006 , I can re-apply for license ( in reality up to probation) . Due to health problems , I re-applied in 2014 . They told me all i needed was to pay fine and re-application fee . I pay all this and then get a letter now I need an assessment. I have that done and mailed to them . They then send a letter saying approved but need a ignition interlock for 5 years . I have been told this has nothing to do with Leandras law . Does DMV have their own law , when was it created ?
Generally speaking court and dmv are separate and distinct. Many times, DMV will order an IID when court did not....
Can DMV in NYS Re-punish
Details - 3 dwi last conviction in 2005 , told by NYS Dmv in 2008 can re-apply for licensing. Actually the decision was not up to them but probation dept. Was told lucky because lehan's law not until 2010 . In 2012 NYS DMV law created , goes back for 25 years anyone convicted of 3dwi or more and demands ignition interlock and restricted license . If was given full operation before this law how can they regroup and state now have to get an interlock and once traveled freely ,now are restricted both for 5 years . Is this re-punishment ? Thats what is happening .
Are you applying for a new or reissued license now? There is a difference between whether the DMV could apply new...
Do I have any grounds for a dismissal since my driving was not witnessed and my car wasn't even operable?
My vehicle was disabled on the side of the road for three hours this past Thursday night. The engine was running and keys were in the ignition because of the length of time I was stranded and cold. Instead of calling roadside assistance I stupidly called the police who not only came quickly but gave me a DUI for a .09 reading.
The legal definition of "operation" necessary for a conviction is much broader in scope than what you think of as...
DUI while on Felony Probation?
My boyfriend is currently on felony probation for a Criminal Possession of Stolen Gun charge which carries a term of 1-3 years. He took a plea deal with the District Attorney for a 6-5. 6 months in jail 5 years probation. He currently got a DUI and the Deputy found a prescription patch for lidacain (sp?) and a needle cap with xannax residue. He is currently still incarcerated but this is his first violation on his probation. He got charged with a DUI and a paraphernalia charge and i think Driving Violations but am not sure. He refused to do a Chemical Test but I would like to know what the likely outcome of this case would be? I'm assuming his probation is going to get revoked but since it is his first violation maybe they will offer him something like a rehab if that is even possible.
It is a difficult to answer based on the limited information that was posted. Much will depend on your boyfriend's...
Protocol for citation at a house party with under age drinking.
There was house party at my home with under age drinking while I was out of town. Some one at the party let them in and they searched the premises. The police DOBs and names but did not issue and tickets or citations. No one was given sobriety tests and evidence was seized. The called the parents and let everyone leave the scene. Only one person was sited for disorderly conduct and he was over 21. Should I be concerned the will issue tickets to me or my son after the fact?
It is of course possible. I would suggest you and your son make no statements should the police come to investigate....
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