Rock Hill Crime

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Rock Hill Law

Is it permissible to me magistrated while severely intoxicated
In the scenario where one gets a DWI and gets arrested and put before a judge / magistrate within 30 mins of being in custody without going to the drunk tank to have time to sober up. Clearly sitting before the judge obviously appearing to be severely intoxicated, which would effect the judges overall opinion on the case and ruin first impression. In result, this would completely ruin your chances of fighting the charges and/or having any kind of defense because you have already formulated the opinion that you are guilty before a judge. This would be the same judge you have a future court date with and the judge could use that against you in the court of law. Is this permissible?
Seems just plain stupid to force the disqualification of the judge. He cannot be your judge if you move to have him...
My husband had a Smart Start interlock device installed. I am having trouble using it because of asthma. What can I do?
My husband is 64 and made a mistake and drove after a couple of drinks. This was his first offense and arrest in his life. He had to install the interlock device. The problem is I have asthma and cannot blow for the time needed. Today I was stranded on the side of an interstate highway. I am not familiar with the device and panicked when it started beeping and counting down. With seconds left, I pulled onto the shoulder and mistakingly turned the car off (I thought I had to). It would not restart and I almost called 911 for help. My husband came to the scene and helped me. At this point, I use the car most of the time. It is our only vehicle. It seems I will not be able to drive for a year. I feel the state is punishing me for his mistake. Do I have any recourse?
Yes. You can have the vehicle transferred into your name and submit an affidavit that you will not permit your husband...
In NY. State does the Statute run out after 24 month, and should I have it adjourned another mo. then motion for dismissal ?
I have been going to Court in the State of New York every month for 23 months over a DUI ticket, with a Court appointed Lawyer that has a very heavy caseload, that has constantly had it adjourned. Last month I refused to plead guilty and take the Prosecutors deal, and said I want to go to trial which was to be this Friday 3/4/16. The Lawyer finally called me this evening saying he was sorry, but if I can come to Court tomorrow at 2 pm. 3/3/16. he can get it dropped to a traffic violation and 90 days restricted Driver License, and just pay a surcharge, which is better then the Pros. deal, It sounds a little fishy to me, and If I remember correctly from something I read about 6 months ago, after 2 years I could get the whole thing dropped.
The statute of limitations for a misdemeanor is 2 years but it was satisfied when you were arrested. There is a 6 month...
3rd DWI in 10 years
My inlaw got his 3rd DWI in 10 years in Monticello Sullivan county New York . I'm trying to figure out the best options for him. What is the usual sentence for this offense?
He needs to consult a very experienced criminal defense attorney immediately - and someone who has handled serious DWI...
Can this E-Felony be dropped to a misdemeanor?
I am awaiting sentencing , my charges are Leander Law ( Activated DWI minor in car ) ( E - Felony ) ( First time offender ) , Leaving scene of personal injury accident , possession of controlled substance in the 7th , U . P . M . , and changing lane unsafely . ( All misdemeanors ) . I spent 2 months in jail , and just completed 6 1 / 2 months in in - patient rehab , i am currently attending outpatient . My legal aid wants me to take 5 yrs Felony Probation , but that's my first offer . Can it be dropped to a misdemeanor ?
The prosecutor could offer a misdemeanor plea but it is unlikely. You can ask your attorney if the court and the...
What is the difference between a NY DWAI and a FL DUI?
I have one single DWAI (not driving a commercial vehicle) in New York back in 1997. I am moving to Florida later this year and am looking for a CDL job there. The application asks if I have any prior DUI's. I assume it means lifetime. How should I answer this question.
In Florida a DUI is a crime. In NY depending on which statute you were convicted it may not be. That's the difference....
Im on felony probation and got a dwi this weekend...this probably means im going to jail right to do my origonal sentence right?
on felony probation w/ drug and alcohol conditions recived a dwi
if you are found to have violated the terms of your probation, then the court could place in custody....I would...