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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 My license has been revoked for at least 6 months.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.
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 My license has been revoked for at least 6 months.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...
I understand this is usually reduced to dwai if there are no extenuating circumstances like accident or injury or issues with the arresting officers, so I'm planning to represent myself. My questions are 1st procedural. The judge at arraignment will ask for my plea. Obviously I want to plead not guilty, but at what point do I request a hardship hearing and then a pretrial conference? Also, In regards to the hardship hearing, I have my work schedule from both my jobs for the past 2 weeks, I have pay stubs to prove employment, I have character reference letters from my immediate supervisor at 1 job and the co-worker who trained me at the other job, and I have printed map pages showing the 50 mins commute to job 1 and the 15-20 minute commute to job 2 . Is that enough? Anything I can add
So you don't want to pay for a lawyer yet you want a lawyer to tell you what you need to do? Really? I guess all our...
I had a DWI misdemeanor violation of probation. The judge sentenced me to 1 year of weekends in jail for my Final sentencing I have a hardship with my home down there can i or may I request this?
You can request it, but I'm afraid it will not be granted. The sentencing court will retain jurisdiction. You should...
I had a dmv hear for a refusal almost a year ago. This is my second dwai and first refusal. At the hearing the judge convicted me to a year suspension. My question is that I went to get my license and I was told it was suspended 18 months. Is there a way to get a copy of the recording and if the judge did say a year can I by law challenge this 18 month suspension.
You can request a copy of the hearing transcript from DMV. You will have to pay to have it transcribed. However, look...
Recently we were pulled over for a blown head light. My husband who does not have a liscense was driving. I was in the passenger seat feeling I'll. we were pulled over less than a mile from home. We have court on desperate days him for driving without a liscense an me for letting him drive. What should I expect
If you allowed a known drunk driver to drive (even when "feeling ill") you could be in trouble. Hire an attorney
I was charged with aggriv DWI, bac was .18 and this was my third DWI. Orig charge was a felony. I was not indicted and case was dropped to a misdemeanor. My attorney was supposed to file a suppression hearing and file a motion to dismiss in which he never did. He took the case to trial and never introduced very important facts that would have been useful on appeal. I was found guilty of common DWI aggravated was dismissed. At sentencing after I spoke with the judge I was given a cond discharge 1yr, u misdemeanor. I have hired another attorney for my appeal, and they cannot understand why he didn't he file his motions in this case. Is there anything I can do to get my money back from him?
On these facts (rather brief) you don't have a very solid case. But.... Hire another attorney to investigate and...