East Greenbush Crime

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East Greenbush Law

Drove into ditch, open container, dwai drugs
Charged with: DWAI drugs, leaving the scene of accident, open container, consumption of alcohol in motor vehicle, failure to stay in lane, and refusal to take breath test. I did take the breath test about 3 hours later when offered a 2nd time at the station and came to 0.0%. Given physical tests, which claimed I was under the influence of opiates. I am 18 years old and this is my first run-in like this...What is my likely outcome?
There are too many variables to answer this question here. You have to play this out.
If I file a 440 motion to appeal plea of dwai, breathalyzer in car, does it do back to DWI charge?
I feel I was misrepresented by my lawyer, and forced to plea.. The original charge was DWI, cell phone, and speeding. The plea agreement is DWAI, interlock breathalyzer installation for 6 mos, the Impact classes, and lose license for an additional 3 mos.. I wasn't on my phone, have proof of that, I wasn't speeding, and I literally had 1 drink. The breathalyzer at field sobriety had no batteries in it, I was arrested anyway.. I worked from 2pm-12:30 am, and got arrested at 1:38am.. There are a lot of inconsistencies throughout arrest mostly based on probable cause.. I feel like my hired lawyer was capricious, and unprepared at all times, and I was improperly represented.. I have not been sentenced yet 2 years later, and I feel I have been "painted in a corner"...
If you file and win a 440 motion the case goes back to where it was before you took the plea. The DWI would be re-instated.
How solid is a DUI case in which I was never seen driving the car, and was only arrested after admitting to owning the car?
Car was driving at a high rate of speed down a town road. My car was eventually seen and followed, at a turn. Short time after (about a minute maybe 2) police found my car parked in front of someone's house. Myself and 3 other people were outside in the yard, the police asked who was driving the car. Everyone stated not me, then they asked who owned the car in which I admitted to. I was then arrested for DUI after a field sobriety. On the police report officer stated that the keys were in the ignition of the car, when they were thrown in the backseat after parking the car. I was never seen in operation of this vehicle, they tried to tell me I was after it was very clear when they pulled up to the house that they had no idea who was in operation of the vehicle.
The police have no case - absolutely no case. I would have this case dismissed on motion. 1-877-99-NO-TIX (1-877-996-6849)
Does anyone sentenced to 1&1/3-3 yrs in prison for probation vltn on a felony DWI ever get early release to parole in NYS?
My fiancé has been sentenced to 1&1/3 to 3 years for probation violation on E felony DWI, He has already served almost 9 months in county jail and just went to downstate CF to be classified as he refused more probation and the addition of drug court, both set ups for failure for lots of people. He is not even an alcoholic. He will be up for early release in about four months, but I've been told by others that those convicted of felony DWI in NYS never get early release and almost always serve the maximum term. I'm also wondering if they are even granted parole or serve the entire term of three years in prison. He has no prior record other then the dwi's and was a trustee in the co jail. In other words I don't see him having any disciplinary problems in prison. I Also don't see the point in participating in the shock program which he is eligible for, when even though you may successfully complete it, they still don't necessarily release you. This seems to completely defeat the entire purpose of the program. That's like going to college, getting all A's and B's and completing the required number of credits and then being told you're not getting a diploma.
Do I serve the full three probation for a DWI with a B.A.C. reading of .16 or can I receive an early release .
I was convicted of a DWI, received 5 days incarcerated, paid fines , attended OASIS program and V.I.P. I also received 3 years of Probation. My lawyer explained that I could do maybe 18 months however no more than 2 years Probation. I have no license or car that would mandate an ignition lock. P.O. is fully aware of this. My question is ....saw my PO the other day and asked about possible early release and he stated " because you blew a .16, you have to do the full 3 years. I am serving this in Nassau County, N.Y. Do I have options and should I contact my original attorney.
Nassau County is tough on DWI's and so is the probation department. You can make a motion to the Court for early...
Is it possible to get a reduction from DWI charged to DWAI with a reading of BAC .16% in nassau county?
Also Charged violation in changing lanes without signal and violation on failing to stay in a single line
No. Having handled countless DWI cases in Nassau County I can tell you that they will never offer an impaired off of a ....
I was arrested for a dwi and at arraignment the judge didnt suspend my license due to not having the original paperwork.
My court day was adjourned until august 20. Its my 1st time being involved in anything with the law. I do plan on hiring a dwi attorney. Does this work in my favor?
Don't read anything into the Judge's decision other than what you have reported. He didn't have the paperwork and...