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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...
I got pulled over almost 3 years ago. Was texting and swerved . Officer made me blow at scene didn't tell Me what it was. He was harassing me and took me into precinct. He wanted me to take chemical blood test , I refused. I didn't know my rights and wanted to speak with someone . He refused to let me call anyone . PS arrest and currently pending charge . They recently offered the one year probation plea .. But I don't want DWI on my record . Do I have z chance with trial!
Everyone has a chance at trial. However, without more details it would be very difficult to properly evaluate your case....
I had my 2nd dwi in new york (no felony) got my disposition letter today may 5th 2013 with one year conditional discharge
I like to go ahead and apply for my citizenship application, i have plenty of good moral letters from local legister and local community organisation also i have been thru with OASAS (alchohal related consuling which is new york state approved organisation) successfully. Kindly advise me should i apply for naturalisation ?
This question would be better suited under the immigration law section. With that said, reach out to the immigrant...
I got into some trouble with drugs which culminated in a dui in 2008. I was released from a 3 year probation early (I completed1.5 years probation), completed drug treatment and have been drug free for four years. I am graduating with my bachelors in December and am trying to decide on my post graduate plans (law school or education masters). I know this conviction is a major impediment to future employment; in fact, in this economy it has already been an issue in obtaining rather menial employment, in spite of a successful solid work history in management. Please help me in determining what recourse I have for my past foolish digressions. Thank you.
Of convictions, dui convictions are the hardest to get off the record. All convictions are hard to get off the record...
I was arrested for DUI. Lawyer got reduced to a speeding violation. Will my record show the arrest or the violation?
This happened five years ago and now I am starting graduate school for education this summer. The school is sending me a finger print kit to send them so they can see my criminal record. Will my record detail my arrest under the DUI and that it was brought down to a speeding violation (might have been reckless driving) or only show the violation? The only thing that shows up on my DMV abstract is a speeding violation from 2 years ago, not the DUI incident. I don't know if that's a good sign or not.
It should not show the original charge but rather the final disposition. However, reckless driving is a misdemeanor...
Does an interim guilty plea go on your criminal record during the one year of interim probation? Lr, are you still technically a
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...
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...
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