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Can I sue the city following a DWI case they dropped against me?
I was arrested for DWI in August of 2014. For numerous reasons including medications I was taking the breathalyzer registered a false result (.087) I was concerned the medications would impair the accuracy and asked repeatedly to speak to my attorney but the police officers refused to allow me to. At the same time, my attorney (my father) was on the phone with my sister (my passenger), and my sister was trying to get the police officers to let him speak to me. My field sobriety test was off the charts perfection. I was not intoxicated. It was a DWI checkpoint and the cop admitted on the stand he flagged me to pull over because I had dilated pupils, which was a result of my medications, and not a criteria they are trained to look for during checkpoint stops. He also admitted I showed zero signs of impairment. However I was arrested and in jail for close to 24 hours. I had to go to the court house once a month for close to a year. I spent about $25,000 on a defense attorney. In July of 2015 the judge ruled that the breathalyzer result should be suppressed. Left with no case, the city dropped the case in September 2015. Is there any legal action I can take?
It is highly unlikely. If police had a reason to arrest you, probable cause, they were doing their job honestly. You...
Was i convicted or dismissed? i am looking to apply for my CHL in my new home state of Texas?
looking to get clarification on my NYS court case outcome. would like to know if i was convicted of a crime ( DUI or DWI or DWAI) or a traffic infraction. I understand that its written below, but i do not understand the jargon. "Charge: VTL 1192.2 02 UM - OPERATING MV UNDER INFLUENCE DRUG OR ALCOHOL Disposition/Status: PLED GUILTY Sentenced to: FINE $1000, - PAID IN FULL, CONDITIONAL DISCHARGE 1 YEARS, DRUNK DRIVER REFERRAL 1 YEARS, LICENSE REVOKED, Charge: VTL 1192.1 01 I - OPERATING VEHICLE-ABILITY IMPAIRED BY ALCOHOL Disposition/Status: COVERED BY THE PLED TO CHARGE Charge: VTL 1192.3 03 UM - OPERATING MV UNDER INFLUENCE DRUG OR ALCOHOL Disposition/Status: COVERED BY THE PLED TO CHARGE"
You were convicted of the top count, DWI (Driving While Intoxicated) as an unclassified Misdemeanor. You were also...
Could i do this treatment program in New Jersey?
I got arrested for a Dwi in new York city i am mandated by court to complete a 16 week treatment program. I am moving to New Jersey this weekend.
Ask your attorney - - it is likely that you will have to complete the program of which you were mandated....
How would DUI in law school affect NJ/NY bar admission?
If someone got a DUI in 1L summer, how would that affect NJ/NY bar admission? Is it really necessary to attend AA meetings if it's not court ordered? He was actually just sitting in the car with engine running when he received the DUI. Not actually on the road.
Bar Admission should not ultimately be a problem. Hire a good local attorney and yes, get an OASAS evaluation. AA may...
Can police officers use loopholes to charge someone with a DWI who is within the permitted alcohol intake level?
This is a hypothetical situation and, as such, this posting is not an admission of guilt, as no crime was committed. This question is being posed for mere intellectual curiosity purposes. Suppose a fictitious man got pulled over by the police because he was swerving in and out of lanes. The police order the man to submit to a breathalizer and he is within the legal limit. Can the police charge the fictitious man with driving while intoxicated if he was driving like a mad man but he was within the legal limits?
I suggest you look up vtl 1192.3...
Is underage drinking a crime or just a violation?
Apparently, I heard in this state you cannot be arrested, jailed,and/or have a criminal record for underage drinking,instead it is a civil violation where you may be ticketed, have to go to court,fined,have your driver's license suspended, and attend an alcohol education course? Is this true?
Underage drinking can carry with it first hand and collateral consequences....go ask NOLO (link below/AVVO-like website)
If the dui criminal charges are dismissed doesn't It make the alleged refusal of the breathalyzer in nys dmv court invalid?
If a person is charged with an dui 1192.1 and an 1192.3, if these charges get dismissed what happens to the alleged refusal of the breathalyzer in nys dmv safety hearing court? If the dui criminal charges are dismissed doesnt make the alleged refusal of a breathalyzer in nys dmv court invalid?
No it does not. The alleged refusal is a separate issue that must be litigated. You could find yourself in a situation...