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I paid all and any fines and completed all necessary programs. I even attached letter from my probation officer saying he was in agreement that I had met all requirements so that I could have revocation lifted. Sections 136.5(a)(3) and 136.5(b)(2) were cited in the denial as reasons for such. In summary "revocable offense" is the first section explaining that the first time I received a revocation of my license that is the date from which the second section stating that a person receiving 3 or 4 alcohol or drug related driving convictions or incidences in any combination within a 25 year period from said date of revocation then gives Commissioner the ability to deny application. My questions are, what is or should be my course of action. Can I go to another state and get a drivers licen
Another state would probably not license you, as they ask you re: prior convictions of this nature typically, and may...
I paid all and any fines and completed all necessary programs. I even attached letter from my probation officer saying he was in agreement that I had met all requirements so that I could have revocation lifted. Sections 136.5(a)(3) and 136.5(b)(2) were cited in the denial as reasons for such. In summary "revocable offense" is the first section explaining that the first time I received a revocation of my license that is the date from which the second section stating that a person receiving 3 or 4 alcohol or drug related driving convictions or incidences in any combination within a 25 year period from said date of revocation then gives Commissioner the ability to deny application. My questions are, what is or should be my course of action. Can I go to another state and get a drivers licen
Duplicate post, see other answers there
Plead guilty to DWI to be plead down to DWAI after 1 year of interim probation.
Yes the conviction is still listed on your record. Most defendants enter into this plea so that they close the court...
Hello, My license was previously revoked for not blowing. I served the year and then called dmv to reinstate my license. They said I was good to go and that I was a valid driver. They sent me a driver application with a stamp that stated approved for issuance. A couple of months later my criminal dui case finally got settled and my license was suspended for 90 days with the ability to get a conditional license, When I applied for my conditional DMV said I couldn't get it because my license was not valid when my license got suspended. They claimed because I never formally applied for my license after it was revoked it was not valid. I don't understand this at all! .Please help! How can I beat this technicality to drive to work! Can I go to dmv or criminal court to get a hardship license
In most states, DMV and court are completely separate so if the DMV action was quite a bit prior to the court...
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...
question involves criminal law for the state of: new york So in january of 2013 I was convicted of dwi judge in nassua county sentenced me to 3 years probation and 1 year interlock.....I live in suffolk county and had probation transfered....I waited the year and in january 2014 dmv reinstated my full license. Also judge stated I did not need permission from probation to apply for license. So I got it everything was fine then 5 months later suffolk probation says I can't have a full license only because I transferred from nassua but live in suffolk. I told her nassua convicting judge stated I was allowed and even contacted dmv to approve license reinstatement. Can suffolk probation revoke my license even though I have it now and was authorized by judge and dmv?.....I do not own a car yet
In my view the judge ruling has authority over some probation official. The Avvo forum is not here for complete...
Hello, I was sentenced to interim probation for one year when I plead guilty to a misdemeanor. After I am done with interim probation I will then withdrawal my plea and get sentenced to a violation. When I went to my probation review the judge was not available, and such it got postponed. The new date is over one year from when I plead guilty to the misdemeanor. Interim probation should have only been one year.I read somewhere that interim probation shall not last over one year. Does this mean that the case will be dropped? Please advise.
The delay will not cause the case to be dropped. Your ineterim probation is guided by the terms the Judge set. If he...