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How ca i Be charged with a dui with 2 seperate BAC of 0.00%. and how long do i have to wait for blood results.
I was on my way to work, i'd overslept and just threw clothes on and hadnt even tied my shoes. when i turned the corner at the intersection, I looked in my rearview and there were police cars behind me so i pulled over so they could get by, and next thing i knew they surrounded me and i was being accused of being drunk. I was scared and confused not drunk or high. I hadnt even been speeding . The officer insisted i was on something so after i was already charged and and allowed to call my mother to come get, and after she got there they decided to take me for bllodwork at hospital . that was June 2nd and results r not back yet, at first i had to appear in court every 2 weeks and now its weekly. How long can this drag out.
Typically it can drag out 90 days. I'm curious what the probable cause was to pull you over as well as what the indicia...
I got a DWI and received 3 yrs probation. I am required to install the interlock device but do not own a vehicle.
I was due for early release from probation but they are now telling me that this is not possible because I have not served my 6 months with the interlock device. I am being told that I will need to complete the remainder of the three years probation because I do not own a car to have the device installed. I have had no violations etc while on probation. Is this correct that I will have to complete the remaining 1 1/2 yrs?
It depends on your local probation department as each operates differently. Speak to your prior attorney OR hire one...
What is the implication of a Willard sentence on defendant convicted of felony DWI in NYC with an alcohol abuse problem?
Can someone tell me the implication of a Willard sentence on defendant convicted of felony DWI in NYC with an alcohol abuse problem? When can this type of sentence be legally rendered? When can a Willard sentence be used? Has any attorney actually represented a client that was sentenced to a Willard commitment? What is your experience with this type of sentencing.
A Willard Sentence refers to the Drug Treatment Campus which is operated by the NYS Department of Correctional Services...
Based on the research I've done, it's been made clear that a DWAI conviction is a violation and not a crime, BUT said conviction will still generate an NYS "RAP sheet" with details of the arrest, etc. In the event of a background check, what specifically differentiates a DWAI from a DWI if it still shows up on a "RAP sheet" specifically reserved for criminal offenses? How would an organization know how to interpret the results of a background check without understanding the small nuances in the law? Wouldn't the assumption be that there was a crime committed based on ANY 'RAP sheet' entry? For all intents and purposes, it sounds like a 1192.1 shows up the same as a 1192.2 or 1192.3 in background check information.
Both show up on a criminal record check, but one is a misdemeanor, the other isn'tt, and the penalties for a DWI are...
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me was asked to point me out in court. He said "that's her with the blue sweater. I was wearing a white blouse. He misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
Please review my answer - and my colleagues' answers - on your prior post.
In NY, is probable cause required to request a motorist to submit to a Portable Breath Test (PBT) device, i.e. Alco-Sensor/SD-2?
In NY, is probable cause required to request a motorist to submit to a Portable/Preliminary Breath Test ("PBT") device, ie. Alco-Sensor/SD-2, after an accident? Does a police officer need probable cause or reasonable suspicion to request a motorist to submit to a Intoxilyzer SD-2 or Alco-Sensor handheld breath test device after a serious accident? Is there any relevant case law pertaining to this type of scenario? Under what circumstances is a police officer allowed to demand a motorist to submit to a "PBT" device? Does the answer change depending on if there was an accident or not? If a defendant is involved in a serious motor vehicle accident in NY, does the officer need some kind of legal standard of proof (other than the accident itself) to request a motorist to blow into a PBT device?
Yes. A police officer needs probable cause to ask someone to take a breath test.
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me, misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
What you were wearing at the time of the arrest? I doubt it is sufficient to reverse the conviction. Did you claim you...
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