Herkimer Crime

Crime, law and justice, and police blotter near Herkimer, NY or anywhere in the US.

Recent Crime News

Herkimer Law

I had a dwi almost 2 years ago, finished all requirments in may, can a lawyer help me get my license back , dmv dragging feet.
I had a DWI almost 2 years ago, reapplied for my license a year ago, had to pay 250 DRA and took the 10 week driver alcohol education classes in May of this year, the dmv is dragging their feet on releasing my driving privileges, they won't tell me why, can I sue them or can lawyer help me get my license back and my cdl class A as well, I don't know where to go with this and what to do next
It is not obvious why the DMV is dragging their feet on this, but it certainly is worth looking into. Your best bet...
I have a dwai and a dwi in ny over a five year period. In fla i then got a dwi reduced to reckless driving.
Needless to say, i no longer drink. My problem is that a dwai here in ny is a traffic infarction and not a criminal charge. It is the same as a 0.4 breath test or any impairment. Fla dmv is using this dwai and counting it as a first offense. Can they do this? thank you
I am sorry to hear about your situation. You may wish to repost this in the Fl. forum. I wish you the best of luck....
Conditional license from DMV?
I was recently convicted of DWAI in New York. I also attended a hearing at the DMV because I refused to take the breathalyzer when I was arrested. After the hearing, the DMV took my license away for a year based on my refusal. Can I get a conditional license? The woman judge hearing the case was really mean.
You can apply for the conditional license in light of the plea.
DWI Refusal hearing
I attended my first hearing at the end of April the officer didn't show so my license was reissued immediately. However, as of today (8/20) I have not received notice of my second hearing. Is this normal? From what I'm being told I should have had a second hearing within a month of my first appearance.
It is not at all uncommon for the second hearing to be scheduled many months after the first. Many times nine months...
DWAI (vs. DWI) disclosure statement for application?
Does this look reasonable? "... while I do not have any criminal convictions or pending criminal charges, for the avoidance of any doubt or uncertainty, I do have a traffic infraction on my New York State driving record after being pulled aside at a random police checkpoint. This ultimately resulted in a non-criminal traffic infraction in violation of Vehicle and Traffic Law 1192.1 - Driving While Ability Impaired by Alcohol, which is expressly not a crime in New York and typically issued when minimal alcohol consumption is observed but not intoxication. Please note that this traffic infraction differs decidedly from a violation of 1192.2 - Driving While Intoxicated offence in New York, which is a criminal misdemeanor and reflects a blood alcohol level above the legal limit of .08% BAC."
That is well written and quite detailed, but what is the question?
Charged with a DUI in 2006 in New York. Disposition in 2007 was DWAI. Can the DWAI be used for enhancement in a 2015 DUI case?
Charged with a DUI in 2006 in New York. Disposition in 2007 was DWAI. Can the DWAI be used for enhancement in a 2015 DUI case?
In NY a prior conviction for a dwai violation does not enhance a new misdemeanor DWI charge to a felony. However, it...
Charged with a DUI in 2006 in New York. Disposition in 2007 was DWAI. Can the DWAI be used for enhancement in a 2015 DUI case?
The state of Tennessee is trying to charge current DUI case as a second offense off of a New York DWAI Disposition in 2007.Can the DWAI be used as an enhancement in another state?
Unfortunately the prior disposition can be used. As for what you say is "enhancement " is a term likely used prosecutor...