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I had a dwi almost 2 years ago, finished all requirments in may, can a lawyer help me get my license back , dmv dragging feet.
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...
My Fiance was in an accident on June 19th, charges with dwi, refused a breathalizer and several other tickets.
He had serious personal injury and property damage! They took his BAC at the hospital, the state police took the blood and we have never got results, went to court, they did not take his license and have heard nothing! Well once again he was in another accident 3 1/3 months later, charged with aggravated DWI (BAC .19). Wrecked his new vehicle. Lawyer is obtained, but what is he facing and what can be done! He is starting AA classes this week and his court date is November 9th and he is facing the same judge!!!
His lawyer knows what he is facing. If you are unhappy with that attorney, tell him to hire a new one.
I have a dwai and a dwi in ny over a five year period. In fla i then got a dwi reduced to reckless driving.
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....
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.
In NY, is probable cause required to request a motorist to submit to a Portable Breath Test (PBT) device, i.e. Alco-Sensor/SD-2?
In NY, is probable cause required to request a motorist to submit to a Portable/Preliminary Breath Test ("PBT") device, ie. Alco-Sensor/SD-2, after an accident? Does a police officer need probable cause or reasonable suspicion to request a motorist to submit to a Intoxilyzer SD-2 or Alco-Sensor handheld breath test device after a serious accident? Is there any relevant case law pertaining to this type of scenario? Under what circumstances is a police officer allowed to demand a motorist to submit to a "PBT" device? Does the answer change depending on if there was an accident or not? If a defendant is involved in a serious motor vehicle accident in NY, does the officer need some kind of legal standard of proof (other than the accident itself) to request a motorist to blow into a PBT device?
Yes. A police officer needs probable cause to ask someone to take a breath test.
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...
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