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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...
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.
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.
I will have had my IID in for the required 12 months on 4/10/2014. I am trying to get the necessary paperwork in order so i can get it out asap, i am 6 months pregnant now and it is difficult to use. I have spoken to the court and interlock and even probation and i keep getting the run around. I did not have a monitoring agency, it was requested by the judge i was not put on probation etc, i was charged with VTR11921? if thats correct therefore no need to be monitored. I was told by the court to send in my original order for the interlock to show when it gets removed, but no im being told by the company that is not correct i need a letter from the DMV? the DMV says it comes from Lifesafer. I really need help and im not getting anywhere. any insight?
The Probation Department for the County that you were charged is responsible for monitoring the IID device even if you...
Hello, I have heard that 1192.1 (Impaired) is a traffic violation in the state of NY and not a crime, and 1192.2 (DWI) is a crime. However, I heard that the impaired will still appear on a background check when applying for a job. My questions are 1) Does the background check on an impaired say DUI or just a traffic violation? 2) If both show up as drinking and driving offenses on background check, then why is it worth it to shoot for the 1192.1? Is it a big difference to employers? Thanks
They both show up. The impaired is one of the exceptions to the sealing statute. Of course it's worth fighting hard...
month. Would I be able to get a visa showing the certification of order vacating district court warrant(s) with the next court hearing in the embassy?
This inquiry is better posted in the immigration forum. You may wish to contact the US embassy in the country where...
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...