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Crime, law and justice, and police blotter near Wanakena, NY or anywhere in the US.
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Not guilty for DUI
I was arrested in the US by the tribal police for supposedly being under the influence of drugs, which I wasn't. I passed the breathalyser, I didn't do great on the field test (walking in a straight line thing) but it was obviously sober and not under the influence. The copy took me to a hospital to take a blood test, I took it and he said it will be back in 3-6 months. My first hearing is in a few days. I took a test in Canada and it was (unsurprisingly) negative. What should I expect at the first hearing? Will I be arrested? Do I really need a lawyer if the results are obviously negative. Thanks
You were arrested and it sounds as if you are facing criminal charges. Yes, you need a lawyer. As far as what to...
Dui - false conviction
I was arrested in the US by the tribal police for a misdemeanour of supposedly being under the influence of drugs. I passed the breathalyser, I didn't do great on the field test (walking in a straight line thing) because I am a truck driver and I am tired but it was obviously not on drugs. They pulled me over because I was in the middle Lane late at night avoiding livestock on the side during a storm. The cop took me to the hospital for a drug test and the results will be back in 3-6 mths. When will the actual trial be, when the results arrive. Will I be allowed to drive in NY at least until I am found innocent? Will I be arrested after the first appearance? Do I need a lawyer as this is a huge misunderstanding. Not to mention the cop didn't allow me to go to the washroom for 6 hours...
Get a lawyer immediately. Do not wait for trouble confront it
How long should it take to be arraigned for DWI if it is the second charge?
If one is awaiting sentencing for a DWI, gets a second DWI and is taken to the county where the first DWI occurred on a bench warrant and jailed, sentenced for the first charge and remained jailed. How long should it take to be arraigned on the second charge? I thought it was within 48 hours not 10 days shy of six months.
Usually, the arraignment on the local county charge comes before a person is returned to another county on a bench...
If one is arrested for DWI and released on bail awaiting sentencing are they on probation?
The Judge released him and his sentence was going to be 5 years probation, he had a interview with the probation office for back ground check. The probation office was in the process of making a decision and he was arrested for a second DWI and taken to jail. He was never on probation, I believe. He was sentenced 9 months later for the second charge and denied parole because the court said he got his second DWI while on probation.
You are not on probation until sentenced to probation by the judge. However, I would speak with his attorney to...
Can nunc pro tunc be used to correct a sentence for DWI?
Two DWI sentences running concurrent 1 1/3 - 4 and 1 2/3 - 5. The agreement was to run concurrent starting form the first day in prison. It took 10 months for the second charge to go through the court system and DOCC's added 10 months to the end of the sentence as the details were not spelled out in the minutes or put in any of the documents submitted. Just a box was checked saying concurrent.
Contact the attorney who handled the case at sentencing. Perhaps the court can correct the sentencing dockets.
First time probation violation
i was put on probation due to the fact i stayed at a friend house and had some beers and went to go home around 930 the next morning and had to blow into my interlock device and it read alcoho..so they put me on probation and just wondering what would happen if i fail the 80 hr etg test for th very first time?
You always face the possibility of being resentenced to jail.
I got a felony dwi in 2002 and it is now 2013. can i get a gun now or do i have to go thrue steps to do so?..., and if so how do
i want to get a hunting license and a gun but not sure if i can.
You cannot own a firearm in New York State with a felony conviction, unless the judge who sentenced you will issue you...
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