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I have recently been arrested for a dwi and several other tickets.i would like to find a list of 18b lawyers in the area.
I am a decent person that had some trouble in the past, been good for a long time, work hard and just made a mistake
You will be given an arraignment date - that is when you report to the court you were ticketed in (i.e., North Elba,...
I am eligible for a hearing to get my driver license back I live in New York now so they are sending me my papers so i do not have to go to NC. I completed my DWI assement classes when i got my second dwi (2009). I did go to prison for six month got out in may 2012 Since then I am attending substance abuse classes for about 7 months now have not drank since Nov 2011, and have had my job now for going on 6 months.. Just want to see what I need to prepare for my hearing papers and what to look forward to.
This is a question for NC DWI attorneys. You will need to have your license restored in NC before applying for a NY license.
The court never ordered me to stay away from motorcycles, I received my license back after 6 month suspension, I was going to wait 6 months for my ignition interlock order to expire but probation says my interlock requirement period does not start untill i have a vehicle with an interlock registered in my name.
Yes it can. IID's are made for motorcycles as well as cars. A motorcycle is a motor vehicle for purposes of the...
If a state trooper knows u have been drinking, should they ask u to get behind the wheel and drive...when u arent in the car
My son who is mentally disabled, had been drinking at a funeral. he was outside talking to people when a state trooper pulled up, whom he knows and they were just talking. Why did that trooper ask my son to get behind the wheel and drive 8miles.."to talk" whenhe knew he had been drinking, that could have been a fatality. Then arrested him, but said they would make the tickets disappear if he would wear a wire to do drug buys for them. Since he refused, they (law enforcement) has put us thru hell. Isnt this entrapment?? We dont know what to do, we cant afford a lawyer and the public defender is on their side.
Try contacting the State Police headquarters in Albany. As to speak with someone in Internal Affairs. 518-457-6811....
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.
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