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Can a statement taken from a victim be dismissed in a court, if the victim was intoxicated at the time of giving the statement?
In a domestic violence situation, the victim was intoxicated for many days prior to the "incident" and there after.. can the statement she gave police be dismissed? And if so, how can we use it against her in a court of law?
Was the statement false? Intoxication can ruin the credibility of the witness in court but it's hardly illegal.
I have just been deemed a persistently dangerous driver by nys. do i have any chance? should i follow through with extenuating
i have a refusal in 1989, dwai in 2011, and a dwi in 2012. most serious beind a misdameanor. these all took place before the new regulations in ny were instated. i was sentenced to a six month revocation, 1 year intoxalok, and 75 hours community service. i have completed all of this and paid my dues. i have been without license now for 18 months. My life is being ruined. i have had a job for the last fifteen years with same company and work rotating shifts. no public tranportation available. they wont give me conditional. i am married with two great children. i am also unable to even pick them up from school. i was found not to have a drinking problem by nys evaluation and currently do not drink at all. this is not fair .ser
This is unfortunate and you need to contact an experienced attorney who handles these specific matters with the DMV....
I have been charged with misdemeaner reckless driving and driving w/ability impared by drug and failure to keep right (traffic i
infraction.i have prior convictions of dwai's ,2,and a felony charge of criminal possesion of a forged instrument.all more than ten years ago.the 'drugs'i was on are my own legal scrips, both are controlled substances.my questions are ;does it help if i get a favorable justice because there are three in this court and one is a personal family friend and another i am on good terms with due to our sons playing hockey together , the third is known to be a hard ass.what might the outcome be for me , can i use a public defender?the traffic stop was due to an anonomous call.i was taken to hospital for blood tests and failed the field sobriety tests.i was polite throughout the process and probably appeared to be "high".they impounded my car but let me go home after about an hour.
You do not get to choose your judge and in your case, you may get the bad one by default as the other 2 may cite a...
My brother has custody of his two kids. He was arrested for DWI this past weekend and given a blood test two hours after arrest, no breathalyser given. Can he lose custody? He is considering installing one of those breathalyser mechanisms in his car before the court date to show the judge he's taking it seriously. Will this help him? He lives in New York State. Thanks for any advice!
One would hope that one Dwi arrest would not change custody status. If the is an action the court will look at multiple...
I got a dwai in NY and live in NY, I paid NY, but Florida wont release my license until I pay them too?
I moved back to NY in the fall of 03. I never switched my license back over because I wasn't sure if I was going to stay. 6/6/04 I got a DWI. I got it reduced and was convicted of dwai .08 or less. .08 or less is not dui under Florida law. I switched my lic. from Florida back to NY on 7/23/04, my sentence and revocation started 7/24/04.. I paid my dues and served 90 days without a NY license. Now 8 years later I cant renew my NY license because Florida says I owe them money for this and I have to take some 12 hour course that's $245. Isn't that double punishment? Since my license was NYS when I started my sentence does that make Florida punishment null? my conviction date was 7/7/04.
I'm not clear on which state license you had when you were convicted of the DWAI. Either way if Florida has issued a...
both times i was not driving but was parked with my keys in the ignition. Is it possible i can stay out of jail and pay fine and probation or is jail time mandatory. If I seek rehab to help with my addiction does this help with my sentence. I live in upstate New York (Elmira).
Yes it is possible to avoid jail. Start w/a good lawyer and get into real trwatment asap! Joseph A. Lo Piccolo, Esq....
My boyfriend got arrested for dwi in ny. He is from pa and has 2 pior duis in pa...will this count as a 1st dwi in ny or 3rd?
He also is on pa probation..would please like to know whats going to happen to him..
No one can say exactly what will happen. A lot depends on the specific facts and pleas in PA. They will at minimum be a...
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