Assume you were pulled over in NYS, under the suspicion of DWI/DWAI.
If you were to refuse a Breathalyzer and/or a Field Sobriety Test, what exactly are the implications? I am currently aware that there is a mandated 1-year suspension with revocation for any individual under 21 that refuses to comply with the test (along with fines); but my question is more of on the individual's "record"
If an employer were to do a license-check, would they be presented with a copy that states the individual in question was convicted of a DWI, despite the fact they were never breath/blood tested?
Which brings another question: Assuming you deny the breath test again, what follow up action will Law Enforcement take? Can they take you straight into custody and attempt to get another sample?
I'm not sure how its done in NY, but in many counties in CA, you'd be held down by four big hairy cops and a nurse...
My son, age 29, was stopped by a state trooper, in an unmarked car, last night/early morning.I believe he was in Sparkill, NY; a few miles from where we live. He was issued a DUI and was cooperative with law enforcement. This is his first offense. Trooper told him it would be tried as a misdemeanor, because he was a respectful gentleman. Not sure what that has to do with anything. His BA level was .10. I would think he needs an attorney? He is working and has a good job but unfortunately, no money saved. I am not in a position to give him a retainer. Do Public Defender's work on a sliding scale? Does the court impose any fines for such an offense? His car was not impounded, so there are no impound fees. I want him to have to do more than pay a fine. I am all for community service.
Public defenders known as legal aid or 18 B represent clients and are laid by the state. Most guilty pleas require a...
SS came home drunk at approx. 1:30 am and took the SUV and drove it around the corner and wound up wrecking 3 of our neighbors cars and property of another neighbor. He was arrested and got charged with Aggravated DWI, leaving/scene property damage, operating after consuming alch under 21 & driving while intoxicated. We've been to court and he can drive to school and work (after the car gets fixed) and he is going for some kind of therapy at a local hospital. We have to go back to court in a month. Being that he was under 19, he falls under the Youth Offernder Adjudication law. He just turned 19 If someone sues us can my husband and I lose our home? Under what circumstances could we lose our home, if any, if he continues to drink and get into trouble?
Your stepson should most definetly have an attorney to defend him on the criminal charges. Having said that, your...
