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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...
Plead guilty to DWI to be plead down to DWAI after 1 year of interim probation.
Yes the conviction is still listed on your record. Most defendants enter into this plea so that they close the court...
Hello, My license was previously revoked for not blowing. I served the year and then called dmv to reinstate my license. They said I was good to go and that I was a valid driver. They sent me a driver application with a stamp that stated approved for issuance. A couple of months later my criminal dui case finally got settled and my license was suspended for 90 days with the ability to get a conditional license, When I applied for my conditional DMV said I couldn't get it because my license was not valid when my license got suspended. They claimed because I never formally applied for my license after it was revoked it was not valid. I don't understand this at all! .Please help! How can I beat this technicality to drive to work! Can I go to dmv or criminal court to get a hardship license
In most states, DMV and court are completely separate so if the DMV action was quite a bit prior to the court...
This was my friend's first arrest, blew a .16, no property damage, no personal damage. He was pulled over for not signaling while changing lanes. Judge is T. Ferrell. What penalties should he expect? What kind of timeframe is he looking at?
Your friend should not go in unrepresented. Get a lawyer who handles DUI in Nassau County.
Due to the extremely difficult consequences of a DWAI conviction pertaining to one's ability to travel as required by certain occupations, are there any special circumstances that the courts would consider to have the record sealed? The consequences I'm referring to are the inability to rent a car for 4 years after a conviction, and becoming inadmissible to countries like Canada. Mistakes happen, and they do need to be accounted for, but a first time, no accident, no injury, no priors incident that has life-long career effects seems excessive when piled on top of the other penalties already endured.
A dwai conviction cannot be sealed.
question involves criminal law for the state of: new york So in january of 2013 I was convicted of dwi judge in nassua county sentenced me to 3 years probation and 1 year interlock.....I live in suffolk county and had probation transfered....I waited the year and in january 2014 dmv reinstated my full license. Also judge stated I did not need permission from probation to apply for license. So I got it everything was fine then 5 months later suffolk probation says I can't have a full license only because I transferred from nassua but live in suffolk. I told her nassua convicting judge stated I was allowed and even contacted dmv to approve license reinstatement. Can suffolk probation revoke my license even though I have it now and was authorized by judge and dmv?.....I do not own a car yet
In my view the judge ruling has authority over some probation official. The Avvo forum is not here for complete...
I have received four violations for drinking and driving in NYS. The first three convictions are a DWI in 96, another in 97, a fatal accident DWAI in 2001, and have just been sentenced in Aug for a DWI which occurred in Aug of 2011. I received a letter in August from the DMV stating "You are eligible for the DDP. You will be eligible for a post-revocation conditional license/privilege when the revocation period ends." My question is; since, technically, it is treated as a first offense, why can I not get a conditional license prior to the post-revocation period, since it says I am eligible for the DDP - and I thought that was the whole point of the DDP; and will there really ever be a post-revocation period or does "revoked ... for at least 6 months" mean forever under Charlotte's Law?
An answer to your query takes a detailed look at the totality of your driving record and application of the new...