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The arrest was after a prior of 4 years and 11 months ago for a Dwai, but the conviction was well over 5 years. - the dwi-drugs conviction was based off a blood-test refusal, which was dismissed at the DMV court. - the defendent needs a vehicle to be employed and remain owner of his business (he is a process server) - the defendent was sentenced to attend DDP, continue of a Tasc rehab program, revocation of drivers license for 6 months, under a depositional discharge
The defendant will find out when he or she appears at the DMV to register for the DDP to see if he or she is eligible...
The indictment is vehicular assault. The offer is to serve the sentence, and if no violations you wind up with DUI. If there are violations the vehicular assault.goes on your record permanently. I can't figure out how this setup works. Which charge do you plea to initially? Is the sentence based on the vehicular assault or the DUI? (In this case jail won't be applied for either one.) It is NOT the interim plea thing. It's a compromise between a dui & a vehicular assault charge. Similar to when a DUI is switched to reckless after the term is served if served successfully. I've asked here before, but can't seem to ask in a way that's clear enough to get the information that tells me if it's 3years or 5 years. Thanks.
If the final charge is a felony then probation is 5 years. If the final charge is a Class A misdemeanor then probation...
Got pulled over and charged with failing to blow. This is my second DUI, how long will I lose my license for? Can I get Task and probation again? Or, will I go to jail? This is in Westchester. thanks!!
Probation again? I assume that means you were convicted of the misdemeanor the first time. If that was within the past...
I was given a DWI that put 2 felonies on my record when I wasn't even pulled over for drinking what can I do?
I was pulled over for texting and then told to get out of the car because my lic. was suspended. Then I was told to get into the cop car. I was given three tickets one for texting, driving w/o a lic and drinking and driving. I have a misdormeanor DWI. I wasn't given a soberity test or breath test. When I showed up for court there was no mention about the inital ticket for texting. My lawyer never called me back, never was there when I made an apt to see her. I was wondering what can I do. I was given 2 felonies 5 years probation. I have complied with court and probation. But I feel that I wasn't represented. I also have proof I wasn't texting. The cop wrote that I was standing at a red light and I denied the test which I was never offered. Any help or advice will be helpful. Thank you
The texting was the probable cause to pull you over. Once they have a misdemeanor charge to file, they often don't...
In NY.. If a driver of a vehicle has been drinking alcohol (while driving). Of course, not good thing but if he/she gets pulled
Over by either a town police, or state trooper and the driver either thinks/knows that he / she will register over the legal limit if he/she blows into the breathalyzer..Aren't you allowed the right to refuse the breathalyzer..(Hence much harder to prove in court that you were intoxicated) because there is no proof, paper trail of the recorded number you registered after blowing breathalyzer. Is this MUCH BETTER than recieving a conviction of a DWI that stays on your record, along with probation and many other expenses? I think, if I am correct you recieve an automatic suspension of 6 months, to 1 year of license BUT I think this is a much better option than the latter..? Common sense tells me.. Please, am I correct? Also..State trooper or town police , which ticket supercedes other?
Consider that some DAs have a no plea policy in refusal cases so you might have to plead guilty or go to trial. You...
I have a Dwai on my record (nov2011) and recently was arrested (march 2013) for another dwi charge, would this become a felony?
I am curious what penalties I will be facing and if I would be eligible for a hardship license. Also, do you think it would be possible for me to represent myself in this case as I don't have the means to afford a lawyer. In addition I just received my degree in Public accounting and I am concerned that I won't be able to obtain CPA licensing in ny. This time around I had a BAC of .13 and was pulled over for speeding I had someone in the car that could have drove but they still arrested me. I am located in Westchester county and would appreciate if anyone could shed light on my situation. Thanks.
Ok...it's a misdemeanor and not a felony. You cannot get a Cond License if you took the DDP. You should not represent...
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