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DWAI-drug NY State
I got pulled over the beginning of January because I didn't have my headlights on and the car smelled like marijuana. Got arrested for DWAI-drugs, taken to get blood drawn, the usual. Yesterday, I got a call saying I had to go to the police station the next day (today) at 10 pm so I could get a mugshot, fingerprints, and tickets because my blood test came back positive blah blah blah. A friend of mine's brother is a sheriff and told me 2 months ago that if I didn't get any tickets the night of the incident then I was scott-free. I can NOT afford a lawyer but something about this doesn't seem right, what is going to happen when I go to the station tonight?
There isn't requirement that you be arrested on the spot, although that is the usual case. I would assume that if the...
Can a statement taken from a victim be dismissed in a court, if the victim was intoxicated at the time of giving the statement?
In a domestic violence situation, the victim was intoxicated for many days prior to the "incident" and there after.. can the statement she gave police be dismissed? And if so, how can we use it against her in a court of law?
Was the statement false? Intoxication can ruin the credibility of the witness in court but it's hardly illegal.
Is there any chances to dismiss a case of dwi after blowing .11? I have a class A cdl. Perfect record before this.
I never had not even a ticket parking before this. I went to an alcohol evaluation clinic voluntarily and they determined that I did not need any treatment. This was over a year and a half ago and I have not had any problems with the law at all. I have been a truck driver since I was 18 years old and now at the age of 37 I find myself in this situation and is like I can see my entire life pass in front of me. I have no life ever since and don't know what is going to happened with me and my family. I am very in need of help. What can I do? The tickets I got are besides the dwi, "failed to used designated lane" because mi wife was going to puke so I stayed on the shoulder for a little longer than I should. Any information will be very appreciated. Thank you in advance for your response.
Whether you have a defensible case is going to depend upon the specific facts behind why you were pulled over and what...
I have just been deemed a persistently dangerous driver by nys. do i have any chance? should i follow through with extenuating
i have a refusal in 1989, dwai in 2011, and a dwi in 2012. most serious beind a misdameanor. these all took place before the new regulations in ny were instated. i was sentenced to a six month revocation, 1 year intoxalok, and 75 hours community service. i have completed all of this and paid my dues. i have been without license now for 18 months. My life is being ruined. i have had a job for the last fifteen years with same company and work rotating shifts. no public tranportation available. they wont give me conditional. i am married with two great children. i am also unable to even pick them up from school. i was found not to have a drinking problem by nys evaluation and currently do not drink at all. this is not fair .ser
This is unfortunate and you need to contact an experienced attorney who handles these specific matters with the DMV....
Can you lose custody of kids if you get a felony dwi
My brother has custody of his two kids. He was arrested for DWI this past weekend and given a blood test two hours after arrest, no breathalyser given. Can he lose custody? He is considering installing one of those breathalyser mechanisms in his car before the court date to show the judge he's taking it seriously. Will this help him? He lives in New York State. Thanks for any advice!
One would hope that one Dwi arrest would not change custody status. If the is an action the court will look at multiple...
DWI conviction upstate NY - interlock clarification
I have just been sentenced with a .08 DWI in Chemung County, NY. The court order states i need the interlock device on my car for 6 months and i must attend the DDP. My license has been revoked for 6 months as well. In the letter from the DMV it states: "The court sentence requires dmv to place an interlock restriction on your driving record and on your driver license if you have one."does this mean the interlock restriction will appear on my license and record forever? if yes, does that also mean i will forever have to have an interlock device in my vehicle? in court i was under the impression that it would just be for the 6 months but now i am confused...
It is just for the 6 months.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association...