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Can a probation department refuse to grant Court approved early termination of sentence because I don't wish to drive anymore?
I have completed 4 years of probation out of 5 that I was sentenced to. I have asked for early termination of sentence which the Court has approved pending approval from the Probation Dept. They have denied my request with this explanation: "In order to elicit Probation Department advocacy in pursuing early discharge as a DWI probationer, in the absence of a lifetime driver license revocation issued by the DMV, one must demonstrate a period of successful vehicle operation, defined as licensed operation of a motor vehicle along with the installation maintenance of an ignition interlock device, for a period of six months, in addition to remaining compliant with all other sentencing requirements. The rationale, if you are looking for one, is to establish some measure of pre-discharge performance to be evaluated before a probationer is exposed to the driving public free from Court/Probation oversight. A DWI probationer who states it is his/her intention to refrain from driving/applying for a driver license during the remainder of the probation term, or thereafter, will not prompt a recommendation to the Court for early discharge." I no longer want to drive. They don't get it.
It sounds like your motion to terminate your probation early will not get granted by the court.
CPL 30.30 question. Can anyone shed some light on why i wouldn't get the charges dismissed or why I should take the plea offer?
I was charged with unsafe lane change and dwi 1192(3) in July 2015. I was never issued the additional charge of 1192(2) even after they received my chemical blood BAC of .14. My lawyer and I have since attended court five times which the fifth being when we asked for a bench trial. They scheduled trial for 1/7/2016, the judge then postponed due to scheduling conflict and rescheduled for 2/11/2016. On February 2nd we were notified of another postponement, which 'the people' could not give a reason for postponement nor did they give a reschedule date. My lawyer did not consent to this adjournment. Since then, We have had no contact with the ADA or court since. My lawyer filed a motion to dismiss based on CPL 30.30 yesterday. The ADA has just contacted him with a plea offer of DWAI. I am not sure what to do. Can anyone shed some light on why we wouldn't get the charges dismissed or why I should take the offer? I don't want to cut myself short if it could get dropped all together. Thank you. I am not sure what to do. Can anyone shed some light on why we wouldn't get the charges dismissed or why I should take the offer? I don't want to cut myself short if it could get dropped.
These are questions that your lawyer, who knows ALL of the facts, should answer. Were you originally charged with DWI...
Is worsening depression grounds for early release from felony DWI probation in NYS?
I am a war veteran that has been diagnosed with PTSD, depression and anxiety, and I have been on felony DWI probation for almost three years (out of five). My probation is a huge trigger for my anxiety and depression and I am wondering if the exacerbation of my symptoms can be grounds for early release.
Your best course of action contact a local attorney, either by email or phone, who will protect you and your rights....
Can i get a nys license with a suspended florida license?
I have a valid but expired nys license, when living in florida I got dui and some tickets on my license ended up in suspension of florida license. Im living in ny now and want to renew my nys license. In doing so will the nys dmv find out about my florida suspension.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff &...
Do i have any option after being denied license after revocation even though my application was submitted 5 months b4 law change
my license was revocke for d.u.i. in 7-9-09 i went to prison for 1year than did 1 year on parole . The judge said after 1 year Icould get my license back with interlock device. I had to wait to get out of prison and of parole. So I paid of years of fines and completed treatment and when i got of parole the dmv told me i had to pay a $750 assesment fee and $100 than apply by mail. In may idi all of this.In aug. when my date for reveiw came up as per their phone my case got sat aside waiting for law change. I have 3 Duis and a few driving w/out lic. so under new law im elgible for lifetime revocation. but my stuff was in 5 months before law change.Do I have any options and is this fair
Yes---you need an attorney to fight this issue. The law should be challenged and hopefully it will be struck down....