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The car was pulled over in up-state New york. The State police found less than 1/16 once of marijuana in the vehicle and two glass smoking pieces, both with resin. He admmited to smoking hours earlier. They performed several field sobriety tests and decided he was under the influence of marijuana. After taking us all to the station the police had a specialist come in to determine the level of intoxication. When the "expert" exited the station he informed me and another friend the he belived that we were all to intoxicated to drive. He then told us that there is no way to officialy prove that a person is under the influnce of Marijuana. the police siezed the car till the next morning. At the time, no sobriety check was done on me nor did I admit to smoking marijuana do we have a case?
If he was charged with DWI, that's a crime and he should fight it. It sounds like the charge was driving while under...
The law had just changed on Jan-1,st five years ago, a dui with in ten years apart was considered a felny. I was just under the limt. I through away my copy of the arresting officer's hand written supporting deposisition .One of the officers asked me and the arresting officer for a copy of the dposn. The DA ;judge or my P D had a copy.After quite a while I felt I should not have,,, but I pled guilty. Things got confusion, I felt sure the most important thing in LAW was what was written onstone. My public defender was going to hand my case over to a ex DA who sed to me the deposision was very important . In between bad weather, a short three way conversation with ex DA and the investigator for the PD,I went before the Judge and pled guilty. one very GOOD thing of all this is four yrs sober
I don't understand a lot of what your are saying. A second dui within 10 of a dui conviction has been a felony for much...
This is my 2nd DWI in NY in 5 years and I am looking at a Class E felony. I already have had my license revoked and I am facing jail time. I blew a .28 which is aggravated, there is a witness testimony and video evidence and self admission. I know I am screwed and I know I have to face whatever charges I am brought to. I have had a great job for over 7 years. I've been attending college and I have been blessed to have been able to keep my job even though all of this is going on and my license is revoked. I have never had a felony in the past and I am in fear I will spend years in prison. I know if I go to trial I will lose given all the facts mentioned above. I am looking for an honest opinion and advice. I'd like a lawyer that actually cares for my future and not just my money.
You are probation eligible even if you plead to the felony. A lot depends on the attitude of the Judge and or the DA....
I moved from IL to NY and got a DWaI here. I paid all the fines, went to court, etc and it all ended here so I went to the DMV to get my license after the NY suspension period and IL had put a hold on my license. My question is what are my options? My license was expired and I paid the fine for driving without a valid license. Doesn't that mean I was driving without a license? How does IL have the right to punish me for something I did in another state without a license (the only connection to IL)? Should I get an OOS hearing packet and do that whole thing as it said on the Sec of State's website? Or is my only option trying to get it down to reckless driving? I don't want to go back to court so this is not really an option for me. Also can someone tell me if Im actually charged in IL now?
You need to repost this in the Illinois section as it sounds like clearing the Illinois hold will enable you to restore...
How can I get my driving privileges in NJ restored if the court ordered me to get an ignition interlock device but I don't own a car to put it on? I used to live in Clifton NJ which is where I got the DUI but I now live in New York and have a NY DL (have for a year). I paid my restoration fee in NJ and thought my license was restored but I got pulled over last night in NJ while driving a friends car for speeding and they said it wasn't restored and gave me a ticket for driving on a suspended license and careless driving- what kind of fees/charges am I looking at for this? PLEASE HELP
You should speak with an attorney admitted in NJ and practices vehicle and traffic law.
*Please read full question before responding* According to the NY DMV website: "Most suspensions and revocations are only displayed on the driving record abstract for 4 years from the date the suspension or revocation ended. Suspensions for a chemical test refusal are displayed for 5 years from the date of suspension" (http://dmv.ny.gov/node/1444). This specifies about SUSPENSIONS for a chemical test refusal, but not revocations. If a license was revoked for chemical test refusal from a period of 12/09/2010-02/07/2012, will this remain on the Abstract of Driving Record until a) 12/09/2014; b) 12/09/2015; c) 02/07/2016; or d) 02/07/2017? Thank you.
The best place to seek an answer to your question is to call DMV directly and ask.
My husband was originally arrested for numerous charges, including DWI. He was not convicted of DWI, and this charge has been sealed from his criminal record. However, I realize that the DMV is a separate entity to deal with. His license was suspended immediately due to a chemical test refusal. It was then revoked after a DMV hearing. Is it possible to remove this from the driving abstract? Will it ever go away after a certain time period, or will it be on the record permanently? What about if we move to another state? Thank you.
This chemical test refusal and revocation are part of his permanent DMV record in New York State. There is no way to...