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I had a DWI almost 2 years ago, reapplied for my license a year ago, had to pay 250 DRA and took the 10 week driver alcohol education classes in May of this year, the dmv is dragging their feet on releasing my driving privileges, they won't tell me why, can I sue them or can lawyer help me get my license back and my cdl class A as well, I don't know where to go with this and what to do next
It is not obvious why the DMV is dragging their feet on this, but it certainly is worth looking into. Your best bet...
Needless to say, i no longer drink. My problem is that a dwai here in ny is a traffic infarction and not a criminal charge. It is the same as a 0.4 breath test or any impairment. Fla dmv is using this dwai and counting it as a first offense. Can they do this? thank you
I am sorry to hear about your situation. You may wish to repost this in the Fl. forum. I wish you the best of luck....
my bf was charged with a misdemeanor in 2007 (for drunk driving). now at 27 years old, he was recently caught drunk driving and was arrested. he didn't yield at a sign, so the cops pulled him over. he refused a BAC test. he was nonviolent with the cops the first or second time. we don't know what is going to happen yet, since this incident occurred 3 days ago. the first misdemeanor was in ct, and his 2nd offense (i don't know what it should be labeled yet) was in upstate ny. besides his first misdemeanor, his record is clean. would he face any jail time and/or be convicted of a felony? thanks.
There is not enough information for an accurate answer. Even though jail is possible, it is not definite. The attorney...
I was arrested for DWI in 2004. The case was disposed of in 2006, and I plead to DWAI? I'm applying for a position in a state which does a seven year criminal conviction check based on the salary I am making. However, they are a government agency that could go back father if they want. I know that this shouldn't show up either way, but will a DWAI show up as a criminal conviction record check?
Very possible. depending on the thoroughness of the search.
Can someone tell me the implication of a Willard sentence on defendant convicted of felony DWI in NYC with an alcohol abuse problem? When can this type of sentence be legally rendered? When can a Willard sentence be used? Has any attorney actually represented a client that was sentenced to a Willard commitment? What is your experience with this type of sentencing.
A Willard Sentence refers to the Drug Treatment Campus which is operated by the NYS Department of Correctional Services...
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...
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.