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I did not blow, and was not read my miranda rights prior to being questioned or placed under arreSt. I also was not issued a ticket but ttold that i told the officer i was driving...what can i do to help my lawyer who is a public defender win my case...please help
1) Be on time for court. 2) Go to all required counseling. 3) Wear a suit. 4) Keep your mouth shut don't blab about...
Plead guilty to DWI to be plead down to DWAI after 1 year of interim probation.
Yes the conviction is still listed on your record. Most defendants enter into this plea so that they close the court...
Hello, My license was previously revoked for not blowing. I served the year and then called dmv to reinstate my license. They said I was good to go and that I was a valid driver. They sent me a driver application with a stamp that stated approved for issuance. A couple of months later my criminal dui case finally got settled and my license was suspended for 90 days with the ability to get a conditional license, When I applied for my conditional DMV said I couldn't get it because my license was not valid when my license got suspended. They claimed because I never formally applied for my license after it was revoked it was not valid. I don't understand this at all! .Please help! How can I beat this technicality to drive to work! Can I go to dmv or criminal court to get a hardship license
In most states, DMV and court are completely separate so if the DMV action was quite a bit prior to the court...
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...
question involves criminal law for the state of: new york So in january of 2013 I was convicted of dwi judge in nassua county sentenced me to 3 years probation and 1 year interlock.....I live in suffolk county and had probation transfered....I waited the year and in january 2014 dmv reinstated my full license. Also judge stated I did not need permission from probation to apply for license. So I got it everything was fine then 5 months later suffolk probation says I can't have a full license only because I transferred from nassua but live in suffolk. I told her nassua convicting judge stated I was allowed and even contacted dmv to approve license reinstatement. Can suffolk probation revoke my license even though I have it now and was authorized by judge and dmv?.....I do not own a car yet
In my view the judge ruling has authority over some probation official. The Avvo forum is not here for complete...
Hello, I was sentenced to interim probation for one year when I plead guilty to a misdemeanor. After I am done with interim probation I will then withdrawal my plea and get sentenced to a violation. When I went to my probation review the judge was not available, and such it got postponed. The new date is over one year from when I plead guilty to the misdemeanor. Interim probation should have only been one year.I read somewhere that interim probation shall not last over one year. Does this mean that the case will be dropped? Please advise.
The delay will not cause the case to be dropped. Your ineterim probation is guided by the terms the Judge set. If he...
I am a CDL driver who takes random drug tests all the time. I have always come up clean, I got into an accident last week and was sent for a drug test. It came back positive for cocaine, which I do not do. I was on antibiotics at the time and I know they sometimes cause a false positive. I have a script for the antibiotics. I was terminated from my job and am being forced into a drug safety course in order to be able to get back my CDL. How can I go about disputing this drug test? I didn't do any cocaine. I want to go about getting my job back
Do you know whether the testing laboratory saved a sample to be re-tested? Since it seems you are trying to dispute...