Canastota Crime

3rd dwi in ten years thinking about leaving the state

A warrant issued never goes away, even if you run. Joseph A. Lo Piccolo, Esq. President, Criminal Courts Bar...

In June of 2009 I was at a friends house and the police were called for a matter involving my friend and his landlord. I don't remember the specifics but on the ticket it stated I was fleeing towards a vehicle. I ended up getting a DWI and was never driving. I wasn't convicted of the crime until February of 2011. I received 9 months of jail time, a $1000 fine, a $400 surcharge, revocation of rights to drive in NY, and a $750 DRA to the DMV.

If you were convicted, then who do you want to sue and why?

My husband got a dwi 5 years ago(only dwi he has ever had, and he wasn't driving but the keys were in the ignition and he was parked in a friend's driveway) but he was convicted in February of 2011. His license was suspended(never had a NY license to begin with, had an Oklahoma llicense though)he got a $1400 dollar fine, 9 months in jail, and he owes the DMV $750. Anyways he got pulled over April of 2013 for an AUO in the 2nd, driving without an interlock(which the judge said he didn't need one), and speeding(65 in a 55). So the driving without an interlock should be thrown off the table. I was wondering what the chances are of him getting jail time? If you could write me back with your opinion it would be great. Thank you, Ashley Todd

I doubt he will get jail for speeding but the interlock is not as clear. Hopefull the plea and/or sentencing minutes...

I am 18 yo F, my car was at a friends parents open lot, with permission from the lot owner, it was waiting small repair, and registration to take it, there for 2 weeks, his older brother and about 30 drunk friends sawzaw'd the car to pieces. Prior to the act, my brother told them who's it was and if they needed it move he could no prob, no asing for restitution vs legal action, he is trying to say we are asking to much ($4000, KBB value) and including values in car in price, he claims it was abandoned, though warned it wasn't, and not wanting to pay that much. We want to avoid court to get our money faster, we live in upstate NY, he is 28 yo, we have the title, and many people that seen him commit the act, this would be his 3rd arrest (2 DWI's), what is a good argument for settlement?

You should keep in mind that the possibility of pursuing the matter in the civil courts (and the evidence that you...

I had a DWAI conviction in 2008 and just (2013) received a failure to submit to a chemical test. I will be accepting a DWI charge. My understanding is if I have had a conditional lic in the past 5 years I can not get one following this charge. However, I have pulled my MVR and it only shows a hardship lic was issued and then my lic was fully restored after guilty plea to the first ticket. in 2008. Would my MVR show if a conditional lic was issued and because it does not am I eligible for one now?

If you refused a chemical test in 2013 and the administrative law judge makes that ruling at the refusal hearing, you...

My girlfriend was driving home through a small rural town when she was stopped by a Pennsylvania State Trooper, the troopers approached the vehicle and said that she had been swerving over the line. At which point he started to examine the car, then asked if we had anything they should know about on me, I said no sir and he went back to his car and ran the license/reg. When he returned he asked my girlfriend to step out and the other trooper asked me to step out also, he told me he saw my bowl in the car and wanted to search. I told the trooper there was pot in the back so I might get in less trouble. I had been arrested last summer for possession of more than 8 oz of marijuana in New York state, i'm just trying to figure out roughly what I'm facing here. Thanks for any help or advice all.

Re-post your question in the Pennsylvania section of Avvo under the practice are of "Criminal Defense." Also,...

My friend has a DUI charge and has to go to court again in April. He said he was lost and was driving around the same building several times. He got pulled over and issued a DUI as he was over the limit. He also has a Commercial Driving License. He has an appointed lawyer but he seems to have very little faith in her. What possible outcomes might he face?

With a CDL, any plea to any DWI or DWAI will mean loss of his CDL. He may have to go to trial! Your friend needs a...