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I am from NY and was charged with felony dwi. i refused a breath test and when the police officer cuffed me he had me against the car. i had broken ribs at the time and the pain shot through me as he put his forearm into my side. i jerked and stated to him that i had broken ribs and he must have thought i was giving him a hard time, and slammed me against the car. the pain was unbearable. he forced me into the car and i went crazy. i had 3 drinks at lunch and took a prescribed xanax (1 mg) at 11 am as i am dealing with th eloss of my job and a recent miscarriage (2 in the last 15 months). i just snapped in the car and kicked the window, it broke. i was charged with 2nd degree criminal mischief. i am very nervous about all of this and it happened on august 9th. when i last spoke to my lawyer he said he had not heard anything and that it would go to the grand jury. he said he would have a chance to speak with the prosecutor before the arraignment to get a better feel for where they are at with the charges and to , possibly, negotiate a plea. again, i did not blow, but i did take roadside tests that i feel were affected by my ribs and the xanax i took. what is the statute of limitations on this almost 3 months later. the charges were read to me and i was jailed and bailed out the next morning. are any of the factors i described considered mitigating? i know i acted a fool and should have cooperated but i snapped, as i said. i do have an anger problem and am in anger management as well as intensive outpatient treatment three nights a week and doing well. i was never a big drinker, but i met the critera for alcohol dependence based on the social factors affected by this situation and having a history of alcoholism in my family. any input is greatly appreicated. i just went back to work and would like to know my chances of avoiding jail time as i would most likely lose my job if i have to go to jail. my criminal record consists of a misdemeanor dwi in 2000. ALSO, i am not from alex bay, i am about 130 miles west of there and was there for the weekend to "get away" with my girlfriend because we've dealth with so much over the last 2 years. thank you for your time.
Since you were represented by an attorney, he would have taken into account what you describe above. As a non criminal...
I had a DUI in 2009 conviction date and then also a couple of driving on a suspended. I missed two court dates in two different counties which was due to moving to southern california and could not afford to go and it has since been about two to three years since the court date. I was told by DMV I needed to contact the counties but how do I attend court when I now live in NY and can't afford a flight and they lost the paperwork for my DUI classes with no way to get copies so now they may need to be redone? In dire need to get my license back.
You hire a lawyer in southern California to help you.
month since than and his lawyer postpones because the state has not sent back the blood results?
If it's a misdemeanor the DA gets 90 days of speedy trial time but not every day counts. If your lawyer consented to an...
10/12 I was issued 3 tickets -speeding 84/65, auo 2nd, and driving without a ignition interlock. The state trooper released me after talking to my p.o. on prob for dwi. My license was clear except a non payment of a DRA. When I reported into probation I was arrested and could not finish hiring a attorney for the 3 prior tickets. I used a public defender for the probation violation and was sentenced to 9 mo's. 05/13 the dmv told me that town court just re-suspended my license for those 3 tickets (now 6-mo old) I went to court and spoke to the da and w/o a lawyer he offered drop the ignition but do 7 days jail on the auo2nd. Im not sure if I can afford a lawyer and applied for a public defender. What are the chances this will get dropped to auo3rd? Court date is july and i dont want jai
Distilling your facts, you wish simply to know if the court and DA will agree to a reduced charge of AUO3d to cover...
in or about 1990s i sent all my court fines ( 2 Di's from Massenet town court and child support ) to judgment so i could get my license back . As of t last summer Massenet town court is trying to collect on one of the Di's and I don't think I should be paying this for the fact it was sent to judgment and the judgment was satisfied
This is really a civil question but the short answer is as long as they want. Joseph A. Lo Piccolo, Esq....
i am in the military i got a DUI off post but i passed the sobriety test but failed the breathalyzer what does it mean if both my tickets say misdemeanor
It means you need an attorney. The field tests are not dispositive. When you fail the breathalyzer, that is what counts....
I have completed every thing that is necessary to get my license back according to NYS courts. Also those are the only things on my driving record. I just can not go further in my career or drive my kids to school because of this. Also the last conviction was in 2008.
The answer is maybe. It's not easy in this atmosphere but a lawyer can help so consider that. Joseph A. Lo Piccolo,...