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my boyfriend is in prison for the first time for DWI charges and he has had two before this but only was in county jail for them and was wondering if the Montgomery law applies to him if passed
This bill has not been passed.........
I had 4 drinks over a 5 hour period and was in an accident and suffered a concussion. There was no sobriety test given at the scene. After several CT scans I incoherently refused a BAC and blood test. They never asked the court for a forced blood test and the hospital never took any blood even though I was diagnosed with head trauma. At the arraignment several hours later I was issued my court date for the DMV hearing. The court date was 24 days after the date I was charged. I showed up for my DMV hearing with the lawyer and we were the only ones there. When the judge was contacted he said he didn't have any paperwork for my refusal. It has since been 2 weeks and my lawyer contacted the DMV judge again. Still no paperwork. Can I get my license back or do I need to wait for the hearing?
DMV has to hold the hearing within 15 days of the arraignment or your license has to be temporarily re-instated pending...
Can I legally drive if the DMV has no record of my refusal and tickets and my DMV hearing has already passed?
This is a follow-up question from a previous one I posted yesterday? According to the NYSP my license is still valid and only shows my accident. My DMV hearing was scheduled on the ticket but only the lawyer and my self were there. The DMV judge said I was not on the schedule. According to the same judge I am also not on the schedule for next month as well. On the night I was arranged both the violation date and the ticket number were not filled out on my refusal ticket. That same night I refused I was in an accident with head trauma I was not given a sobriety test or BAC. Also no blood was court ordered or taken by the hospital. Is the ticket fightable without that information filled in? Any help once again is greatly appreciated. Thanks
Did the Judge suspend your license at arraignment? If yes, driving without an Order vacating the suspension is risky.
I got charged with a DWI and am currently on probation. What will happen if my probation officer saw me driving?
I feel like it will be a violation of probation, just because she said that she saw me. Or does she need proof?
If you are not allowed to drive your Probation Officer's testimony that she saw you drive is proof. The DA will not...
What should I plead in court for an underage drinking ticket in New York State? Is there a way I can get the tickets dropped?
I received two tickets one for underage possession and intention to consume and another for an open container. I was at a party at my college and crossed the street with an open container. The party was going on outside and only stopped me because I crossed the street. He did not see me drink the alcohol.
You should retain a local criminal defense lawyer.
I will be going to trial within the next few months for DWI felony, agravated unlicensed. The arraigning judge is needed to be a
witness as to the medical condition I was in (severe breathing problems dues to COPD/Emphasema, he was unable to finish the arraignment due to my condition as he himself stated. My atty. a "public defender" (god help me) said he wasn't sure about it that the judge could hurt my case. Now as far as I see it he saw my condition even ordered the state trooper to retrieve my inhaler from my pocketbook. I believe he should be called as a witness. What is your take on this. And Atty. Piccollo do not bother to put in your two cents.
Generally it is difficult to subpoena a judge as a witness about issues of fact. Since part of your defense is your...
The DA has 2 to 6 on the table and will not budge (felony DWI, &agrav. unlicen. How much time do you do, 2 yrs, 3,4,5, all 6,
when are you eligible to get out and how long is parole.
You should either have private counsel or a public defender. Ask your attorney.
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