Lockport Crime

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How do l file a motion to vacate my plea to an e felony dwi?
In May 2014, I got a d felony dwi charge in Niagara County, New York. On the grand jury report there were three items that were untrue; one of which stating that the parked car I hit while driving 5 miles an hour (I had just pulled out of my driveway 30 seconds prior) was a silver Silverado truck & it was a small sedan car! My lawyer said that the 3 untrue items stated by the officers didn't matter (how can it not matter that the incorrect signed statements made by the officers to the grand jury not matter)? Then when I was back for a ct date (which my lawyer said was juat a "check in") ended up being my plea date! My lawyer was not aware of that either he said. also i want to vacate mylea if possible. thank you for your time.
You can either go to law school and find out or you can hire a defense attorney to do it for you.
How much time do you get for good behavior in new york state?
I am going to be sentenced to 6 months in a county jail for a DUI in upsate new york. What would be the earliest I would get out with good behavior?
Based on your post, it appears that you are to receive a 6 month sentence for a misdemeanor charge. If that is the...
Will I get charged with a DUI for blowing over the legal limit in a portable breath test?
I was pulled over after having a couple drinks. The officer did an eye test which I failed. He then had me get out of the car and walk back and forth and count paces, and then hold one leg up. As far as I know I did fine with those. He then had me blow into a PBT which came back just over the legal limit. He said that he was going to arrest me for DUI, but then came back and had me break off the straw from the breath test (presumably as a reminder), handed me back my license and told me to go home and that I was done driving for the night. I was not arrested given a ticket, citation or court date. Could I still receive a letter in the mail being charged for DUI? From what I've read the PBT itself is not admissible for conviction and I was not taken in for any further chemical testing.
It sounds like you were given standardized field sobriety tests. If you had blown over .08% BAC in the portable breath...
Are my chances of beating a dui better the older the case is??
my case is 7.5 yrs old now. after my dui i lost my car, job, and had to relocate out of that state. it's just not been easy to get back. im ready to take care of it, but wonder if the time passed can play in my favor. such things as officer not being employed any longer. i was also approached more than 3 hrs after driving last, and even longer since last drink. I broke down and was resolved to stay the night in my car. It was shortly after 10pm, and I was tested approximately 1:30-2am. It was definitely after 3 hrs though. I posted earlier and mistakenly said 2 hrs......but I checked the phone i used 8 yrs ago, yes i saved it. I called 911 because i eventually became too cold, and basically nervous. I was waiting on the tow truck.
It is possible for the DA's office to have a problem getting witnesses, depending on the arresting officer's current...
In NYS what is an Article 78
Had 3 DUI in 35 years,
An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts. An...
I was charged with DWAI Drugs but it got lowered to DWAI Alcohol, what do i put on applications when asked about misdemeanors??
I know dwai alcohol is not criminal or a misdemeanor in NY ( **but my oringal charge DWAI drug is criminal and a misdemenor**) but im not sure what to put on applications when they ask if i have ever been convicted of a misdemeanor considering it most likely show up on a criminal background check for a job. Not sure how to go about answering the questions without looking like i lied and without ruining my chance at the job because im in treatment get my regular license back in a month ( on conditional license now)
While it may be just a matter of semantics in the classification of your disposition, some employers may look at the...
A vacation on a cruise is being planned. I have a friend convicted of a DUI. I want an opinion on the certainty he can travel?
I'm not sure of everything the DUI entails (or the level of the DUI - I know that without specifically knowing the case your answer isn't guaranteed, but I want a lawyers input as to the certainty of my question)...he does have a probation officer he has to see from time to time...for example he had to get clearance to visit his girl friend on weekends...If he gets permission from his probation officer...will the probation officer then give him a document as proof (to allow him to more easily enter other countries (or how might the issue of entering other countries be addressed if it is even a prob.)?...
Have your friend start by contacting the Probation Officer to see if any restrictions are placed on travel by that...