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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.
I am AD military and lost my driving privileges overseas but never was convicted of a DUI. I now have DUI on my NY State record
The army reported to NYS that I was convicted of a DUI while active duty in Germany. I never went to court or was punished in any way by the military. My overseas license issued by the army was administratively suspended as soon as I was charged. The army reported this as a conviction to NYS. The army refuses to fix this for me and NYS DMV wont remove it from my record without the army provost marshal contacting them saying it was a mistake. I have signed official letters from the prosecution (JAG) and my attorney stating that I was never convicted of anything but no one will help me in this matter. My chain of command has exhausted all options in this matter and I have even contacted a two congressmen. Help please
It sounds like you have tried just about everything. In New York State, if a government agency is not doing something...
What is the statue of limations on dui in the state of Illinois ?
I left the state in 2001 after bailing out of jail , woundering if the county or the state will dimiss the case , have not plead guilty or appeared in court , for one i was not arrested behind the wheel ,
Because the DUI was allegedly committed in Illinois, you should re-post your question on Avvo's Illinois criminal...
Am i able to get a drivers license in illinois or any other state ?
I have a dui in illinois back in 2001 , i bailed out of jail and moved to another state , i havent been able to get a license ever since , do i have to go back to illinois to resolve this matter ? I was thinking i have to turn myself back in and fight the case ?
You will need to resolve the case in Illinois before another state, or Illinois, will issue you a license. There may...
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...
If i had ajudication witheld and i got arrested in a different state for dwi would it have any reflection on my fate??
about 7 years ago i was arrested in florida i now live in ny and was arrested for dwi. iwas wondering what effect this will have on my judgement?
We would need more information to answer your question. When you say your adjudication was withheld, do you mean you...
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...
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