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I was cited for possession of alcohol. My breathalizer was a .009 since I had one sip for a toast. Any chance of dismissal?
I was in a parking lot before a concert with mostly 21 year olds. It was my sister's 21st Birthday. I was the designated driver for the day. But we had a toast to her Birthday, so I had one sip of a beer for the toast. Suddenly the sheriff's appear and check our id's. I told them I had one sip, so they gave me the breathalizer. It barely registered, but they gave me a ticket anyway. I told them that was all I was going to have. I have to go to Court and may have to pay up to a $50. fine. Any chance that I will get a dismissal for such a low breathalizer reading?
Though you do not say, I am assuming that you are under 21 years of age. If this is true than the low-level of blood...
I was arrested for DUI. The arresting officer's partner drove my car to the impound instead of towing it. Is this legal?
Is it illegal for an officer to drive my car a significant distance (over 1 mile) to the police impound after arresting me? My car was damaged as well when I got it back.
Make a civilian complaint
I got a second dwi after a dwai not too long ago, my lawyer told me that it would help my case to go to alcohol counseling. I understand how it can help me to go to alcohol counseling, but how will it help my court case, I don't understand. Is it more likely that I would get a less harsh sentence?
I have handled over a thousand DWI cases as both a prosecutor and a defense attorney. Typically the offer for a DWI...
It has been 3 months since my arraignment, and I still haven't gone to the suppression hearing yet, if the case is not dismissed at that hearing, and no plea deal is reached with the prosecutor we intend fully to go to a jury trial. I have a prior DWAI, so I can't get a conditional license, so I've gone without a license for a while, and know if I get convicted I will go a lot longer without one. Anyway, if I have no defense witness, and I don't take the stand, and the State just presents its case, how long will it be until I get sentenced, from your experience? My suppression hearing is in the end of July, and the trial date after has not yet been scheduled.
I've handled hundreds, if not thousands, of NY DWI's, and I'm afraid there is not concrete answer. Much depends upon...
I have a DWI-DRUG charge that I was recently convicted of. My court-appointed attorney just went with the motions, didn't really put up much of a defense, but that is besides the point. I am a t-1 diabeticc, and I am worried that if I go to jail for a year that my health will completely deteriorate. There is no way that they are going to give me the standard of care I need to keep healthy (checking blood sugar 5 times a day with a sharp lancet, varying insulin doses, quick access to food/sugar in event of hypoglycemia). Is there any alternative sentencing to people with medical conditions, or do they just have to deal with whatever sub-par medical care the jail has available? I don't want a potential sentence be the death penalty.
This type of argument is not very effective because the corrections system has medical care. If it was an effective...
I plead guilty to a misdemeanor DWI in NYS. I have a couple quick and easy questions regarding Interlock Devices
Revocation period of 6 months Eligible for DDP The judge did not check the box labeled "install & maintain a function interlock device in any vehicle the defendant owns or operates..." Does this mean I can drive a vehicle without an interlock with my conditional license ? If no, If i have my license reinstated before the end of the revocation period of six months, will i still have to have a Interlock to operate a vehicle? Even though I have my full license back
The requirement for you to have an ignition interlock device installed on any car that you own cannot be waved by the...
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