Why isn't a violation of your fifth amendment to have your license revoked for refusal of Breathalyzer test?(NYS)
stopped for suspected DUI was told by Trooper had to take Breathalyzer or would lose driver license for a year. I refused to take one when he wouldn't let me talk to council first. Lost my license for a year and commercial license for 18 months. Pled to an Ability impaired now that is permanently on my license.
The fifth amendment relates to criminal prosecutions. Driving is a privilege and not a right. Therefore one is not...
Can the courts force my girlfriend and her father (we all live together) to put an ignition interlock device on their vehicles?
I'm currently on probation, finished drug court w/ no sanctions. One of the new conditions of probation reads, "You shall within 30 days have an ignition interlock installed in each vehicle used by you and or any person with whom you reside." I do not have a vehicle. How can my girlfriend and father be forced to be install this on their cars when they haven't broken any laws?
It seems the public interest is protected by another condition, "You shall operate no vehicle that is not equipped with a functional ignition interlock device."
I want to petition the sentencing judge to consider the above condition unreasonable and remove it.
Do I have a chance? How do I initiate a motion to amend? My attorney says there is nothing he can do, won't even try (and I paid him $4500).
I am not from your state,but the interlock order is fairly standard.Please re-read the order.
specifically you are...
What is the general jail time served for a felony dwi that is dropped to a misdemeanor if chosen not to take up to 3 years prob?
The second dwi in 5 years is a felony that is being reduced to a misdemeanor. I'm looking into the ratio of times served so I'm not wasting my life living on probation rules considering I'm planing to leave the state way before 3 years time. Is there any way to know what the range of jail time is vs. The 3 years probation time?
The maximum sentence for a misdemeanor DWI (an unclassified misdemeanor) is up to 1 year in county jail.
I got pulled over for my headlights not being on, basically the car smelled like marijuana and I got pulled out of the car, searched and then did field sobriety tests. I was arrested and taken to the station where I repeated the sobriety tests then got taken to get blood drawn. The officer said "I'm not giving you any tickets tonight". So if I didn't get any tickets then, does that mean I got away with it???
Not necessarily. The police may be waiting for the results of the blood test.