New York DUI and DWI Legal Questions

Yes. In New York State, the courts have a very expansive definition of operation. The motor running is considered operation under NY case law. However, the fact that the vehicle wasn't actually in motion my be utilized as an equity if presented property. I would welcome the opportunity to discuss the details of this case and any potential equities or defense issues.... Read Answer

If you have already gone to trial for this and been convicted then it is unlikely that it will be sealed and NY does not expunge.  If the sentence that you received including a sealing after a certain amount of time, such as happens in an ACD, then it will be sealed after that time period is over and you have not had any criminal problems during the alloted time period.  It would be very difficult to go in now and try to seal the conviction if it was not allowed for in the sentence and NY is a hard to state in this area of law.  You might get a Certificate of Disability if your livelihood is driving, i.e. a truck driver, cab driver, and this has caused you not to get a job. ... Read Answer

If you are talking about how long of a sentence you could receive that will largely depend on your history. For sake of this discussion, I will assume that you are a first time offender charged with misdemeanors. If that is the case, the maximum jail sentence for a misdemeanor is 12 months and the maximum consecutive misdemeanor sentences allowable is two. That is not to say you will actually serve jail time. Your sentence depends on many things and I would encourage you to speak to an attorney about your specific situation.... Read Answer

I would need to know more to give you a detailed answer. Each state handles out of state DWI/DUI/DWAI convictions differently. In many cases you need to comply with the licensing states requirements which may include additional fines or restrictions on your driving privileges. Feel free to call my office and I can walk you through you options. Good luck to you.... Read Answer

You will be charged with Criminal Possession of a Controlled Substance in the 7th Degree for the Molly. Did you do a blood or urine test? If yes and it shows drugs you can be charged with DUI under VTL 1192.4. Even if you didn't take a test you can still be charged for DUI depending on the Police Officer's observations of you. I suggest you hire a good criminal defense lawyer.... Read Answer

Another state will have its own regulations concerning becoming licensed if one is revoked in NY. Your fiance is the victim of the new changes made recently in the "look back" period which makes 3 drinking related offenses or more subject to lifetime refusal to re-license him in NYS. At present, there are numerous people similarly affected. Attorneys are presently wrestling with the problem and seeking ways to mitigate this damage, but there is no apparent solution at the moment.... Read Answer