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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...
Is there any possible way to have a DWAI conviction sealed due to life-long effects in a particular career field?
Due to the extremely difficult consequences of a DWAI conviction pertaining to one's ability to travel as required by certain occupations, are there any special circumstances that the courts would consider to have the record sealed? The consequences I'm referring to are the inability to rent a car for 4 years after a conviction, and becoming inadmissible to countries like Canada. Mistakes happen, and they do need to be accounted for, but a first time, no accident, no injury, no priors incident that has life-long career effects seems excessive when piled on top of the other penalties already endured.
A dwai conviction cannot be sealed.
This was my friend's first arrest, blew a .16, no property damage, no personal damage. He was pulled over for not signaling while changing lanes. Judge is T. Ferrell. What penalties should he expect? What kind of timeframe is he looking at?
Your friend should not go in unrepresented. Get a lawyer who handles DUI in Nassau County.
I have received four violations for drinking and driving in NYS. The first three convictions are a DWI in 96, another in 97, a fatal accident DWAI in 2001, and have just been sentenced in Aug for a DWI which occurred in Aug of 2011. I received a letter in August from the DMV stating "You are eligible for the DDP. You will be eligible for a post-revocation conditional license/privilege when the revocation period ends." My question is; since, technically, it is treated as a first offense, why can I not get a conditional license prior to the post-revocation period, since it says I am eligible for the DDP - and I thought that was the whole point of the DDP; and will there really ever be a post-revocation period or does "revoked ... for at least 6 months" mean forever under Charlotte's Law?
An answer to your query takes a detailed look at the totality of your driving record and application of the new...
Ok so this is my case, back in 2005 i was 18 and got pulled a DUI and resisting arrest in long island NY. I spent the night in
jail, went to court the next morning and the judge gave me a court date from a month from that day. The week after that I left the states to my country because I had already bought the flight ticket a couple pf weeks back before the arrest. So my mom says i have about 3000 dollars in tickets and I think I have a bench warrant since i didnt show up to court. I also called the precint where I got held and asked if I flew in the country if I´d get arrested at the airport due to my bench warrant and the cop said no because its a local warrant not a federal one. I dont know whether to believe him but i think i would get arrested at the airport. I really want to go back
There is no way to know for certain if there will a hold when you attempt to enter the country. If there is a warrant...
If an individual has zero prior violations or crimes, but has a DWI arrest that resulted in a conviction for DWAI, is it possible to get a pistol permit for target shooting? If so, is there a predetermined amount of time that must pass after the arrest, or the ensuing conviction of a violation before getting approval?
I suggest you call the Suffolk County Police Officers Department and ask.
I was arrested for DUI in NY, when the officer appeared and arrested me, i was not physically in the car, nor any keys
I did not blow, and was not read my miranda rights prior to being questioned or placed under arreSt. I also was not issued a ticket but ttold that i told the officer i was driving...what can i do to help my lawyer who is a public defender win my case...please help
1) Be on time for court. 2) Go to all required counseling. 3) Wear a suit. 4) Keep your mouth shut don't blab about...
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