Smithtown Crime

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How is a DWAI conviction different from a DWI conviction on paper?
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...
Is there any possible way to have a DWAI conviction sealed due to life-long effects in a particular career field?
Due to the extremely difficult consequences of a DWAI conviction pertaining to one's ability to travel as required by certain occupations, are there any special circumstances that the courts would consider to have the record sealed? The consequences I'm referring to are the inability to rent a car for 4 years after a conviction, and becoming inadmissible to countries like Canada. Mistakes happen, and they do need to be accounted for, but a first time, no accident, no injury, no priors incident that has life-long career effects seems excessive when piled on top of the other penalties already endured.
A dwai conviction cannot be sealed.
Do all OASAS evaluations required for Interim Probation in Suffolk County result in referrals for treatment?
In a case involving a plea agreement down to DWAI after a term of interim probation, one of the "surprises" that was introduced by the probation department was the requirement to have an OASAS evaluation done by default. This is all well and good, and anyone can understand the logic behind the county wanting to verify that a first time offender is not at high risk for recidivism. Herein lies the dilemma. A true and fair evaluation would take into account specifics about the individual, and the details of the event that led to their run-in with the law. Based on various anecdotes, I understand that this is not the case, and all individuals referred for an OASAS evaluation are subsequently 'sentenced' to a minimum of three months treatment regardless of need. Is this information accurate?
My office has an OASIS Counselor on speed dial that does it like that and provides rational treatment. What I have my...
Do I have to take the DDP after Interim Probation?
I pled guilty to 1192.2 and given interim probation for a specified time period. My court document states "Upon successful completion of interim probation, the court will '1192.1 - CD + fine'" Obviously the 1192.1 is a violation and not a crime, and the fine is what it is. What they don't tell you is while you're on interim probation, you are required to report to an OASAS facility for an evaluation (apparently in Suffolk County, EVERYONE is required to complete "treatment" by default, rather than employing a system with evaluation criteria used to determine the specific needs of one individual over another). Is the completion of said treatment enough to forgo the mandatory license suspension when the charges are pled down at the conclusion of interim, or is the DDP still a requirement?
License suspension is required by statute. DMV will probably require DDP to get your license back.
Can I refuse probation and choose jail instead in New York.
2nd DWI in 8 years. Class E felony
Speak to your attorney. The short answer is Yes but how long is up to the judge. Joseph A. Lo Piccolo, Esq. Past...
They want me to plead guilty to misdemeanor for dwi then after a year probation reduce to violation should I? no acc no dam 1st
Was 3 miles from home and pulled over for a stop officer asked if i was drinking i foolishly said yes i had some wine no accident , no swerving he said crossed a double yellow thats why he pulled me over its a turning lane that double yellow goes to indent to turn EVERYONE crosses THAT double yellow even in the pic i got from google earth! They arrested me and waited 1 hour and 58 minutes to give me a breatalyzer i believe i blew a .14 i had not eaten all day had some red wine and i weigh approx 100 lbs sad part is im an advocate for not drinking am often design driver. would been l home in bed by time gave breathalyzer. after 13 mos going to court dates lawyer kept getting adjourn deal they offered was 49 hr comm serv plea to misdeam 1 yr prob then reduce toa viol good deal?
Only your attorney can best advise you on this issue. On paper, it is the best you will do short of a trial in Suffolk...
Do I have a good case for sentence modification of my aggravated dwi in new york?
I was convicted last wednesday for a .18% dwi. My case lasted 6 months. During that time, I have done substance abuse counseling and been on tasc. I have no positive drug tests and complied with all rules. I work full time and drive to work with my conditional license- no negative incidents. I was sentenced to 1 yr tasc, 1 yr license revocation, 1 yr ignition interlock, and a $1395 fine. The got a 20 day stay of my conditional. The attorney told me I had that time to reapply for my conditional, install interlock, and sign up for ddp. After, tasc told me I couldnt have my conditional & that was just their program rules. I need it to get to work and want to modify my sentence to 3 yrs probation instead of 1 year tasc. Do I have a good case for modification to switch to probation?
You would have to appear if you have already been sentenced. Sentences are discretionary with the trial judge and tend...