Stony Brook Crime

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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...
I was denied because i was considered to be a danger to the road. In 2007 i was in a fatal accident and was convicted of dui and criminal negligent homicide. I applied after 6 years and was turned down due to my past driving history which includes several tickets and a few more accidents. I was told that i could apply again next year and advised me that applying before that would not be recommended. I have not drove in over 6 years. Most of my past tickets where non-moving violations accept a red light and speeding.
I suggest that you contact Attorney Michael Palumbo in Mamaroneck, NY who regularly answers questions on Avvo.
I served jail time and completed DDP (got DS-449). My license was revocated for 5 years. Now that the revocation period has ended, I've applied for my license and was denied. I was denied based on new laws that were not in effect at the time of my conviction in 2007. I was told I could not have my license back until a 25 year period has lapsed. Can I be held to the new laws that were introduced 5 years after my case was closed? If so, would I be eligible for a conditional and/or restricted license based on a hardship? As a result of my mistake, I am now a stay at home dad with no ability to work or assist my children to from doctor/school, etc. I'd like to take some of the burden off of my family.
There are exceptions to the new regulations that you could fall into. No one can tell unless they review your history...
I was a passenger in my friend's car and we were hit by a drunk driver. Our car rolled over four times and all four people in our car were sent to hospital. The car was totaled. My friend's BAC level did not pass the limit therefor he wasn't charged for DUI. However, what the police didn't know is that my friend is allergic to alcohol and his tolerance is lower than normal people. Before the accident happened, we saw the drunk driver ahead of us swerving between two lanes. We reminded him but he tried to pass him instead of slowing down avoid the drunk driver. The police seemed to believe that the accident was entirely the drunk driver's fault. My friend's auto insurance doesnt have collision. Should I sue my friend for unsafe driving?
There are a lot of questions that would need to be answered to help you figure out what steps to take next. What are...
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...