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New York DUI and DWI Legal Questions

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78 legal [2, *]questions have been posted about dui/dwi by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
New York DUI and DWI Questions & Legal Answers - Page 3
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DUI/DWI
New York

Recent Legal Answers

Should I talk to an attorney before responding to a DUI warrant?

Answered 13 years and 6 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should retain an attorney to schedule your surrender and request that you be released on your own recognizance without bail. Since you will need an attorney anyway it is always best to have him present whenever you appear in court for any reason. If you are indigent you can call Legal Aid to handle the case.... Read Answer
You should retain an attorney to schedule your surrender and request that you be released on your own recognizance without bail. Since you will need... Read Answer

How do I get a public defender in New York with a dwi charge

Answered 13 years and 6 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
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On the return date of the ticket, ask for a lawyer to be assigned to represent you. You will have to fill out a financial aid form. I know in the Yonkers City court, the criteria for getting an assigned attorney is that you make less than $400 per week, and don't own a car or home. Mention that you are supporting your child (if you are) and that should help. If you need a hardship hearing, that is, you need a car to drive, you must ask for the hearing before entering a plea of not guilty.  ... Read Answer
On the return date of the ticket, ask for a lawyer to be assigned to represent you. You will have to fill out a financial aid form. I know in the... Read Answer

Since my last offense was committed in 2005, can a new regulation to install ignition interlock at the New York DMV be applied to me?

Answered 13 years and 6 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I do not know what state you are in, but if the DMV says you need an interlock device then they are probably right. The law will apply to you no matter when your priors were committed as it is the current law and you should consider yourself lucky that they are giving you a license back if you have three DWI convictions.... Read Answer
I do not know what state you are in, but if the DMV says you need an interlock device then they are probably right. The law will apply to you no... Read Answer

can you be given a dwi ticket if you were never seen driving the car?

Answered 13 years and 7 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
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Yes. The issue is whether you intended to drive while intoxicated. Thus, if a person is sitting in the driver seat with the key in the ignition and is drunk, the police can charge that person with Driving While Intoxicated. The person did not actually have to be driving or seen driving. The case could be brought for a jury to decide.... Read Answer
Yes. The issue is whether you intended to drive while intoxicated. Thus, if a person is sitting in the driver seat with the key in the ignition and... Read Answer

Is it legal for the judge/DA to be ignorant of the law and offer a deal that can’t deliver on?

Answered 13 years and 7 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You may be able to take your plea back, but that may not get you a better result. Talk to your lawyer about your chances of getting a better result at trial.
You may be able to take your plea back, but that may not get you a better result. Talk to your lawyer about your chances of getting a better result... Read Answer

How much is the cost for DWI in NYC?

Answered 13 years and 7 months ago by John J. Carney (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The retainer for a DWI depends on whether you have to go to trial or take a plea. It depends on whether it is a felony offense, aggravated DWI or a second or third offense. The retainer will be at least $1,000 and can go up to $5,000 for a trial or more. If there are more appearances or a refusal hearing the cost can be more, but it is done on a case by case basis or an hourly rate of $300 on average.... Read Answer
The retainer for a DWI depends on whether you have to go to trial or take a plea. It depends on whether it is a felony offense, aggravated DWI or a... Read Answer

How long will the Statute of Limitations on a DUI last on the record?

Answered 13 years and 8 months ago by Joseph Briscoe Dane (Unclaimed Profile)   |   11 Answers   |  Legal Topics: DUI/DWI
The statute of limitations is how long they have to file charges against you. If you're asking about how long they will stay on your record, that depends on your state law.
The statute of limitations is how long they have to file charges against you. If you're asking about how long they will stay on your record, that... Read Answer

How long will the Statute of Limitations on a DUI last on the record?

Answered 13 years and 8 months ago by Michael J. Breczinski (Unclaimed Profile)   |   11 Answers   |  Legal Topics: DUI/DWI
Did you go to court on them or they outstanding warrants? If you were convicted they stay on your record forever.
Did you go to court on them or they outstanding warrants? If you were convicted they stay on your record forever.

Will the court consider negligent 1 as my second DUI?

Answered 13 years and 8 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
I highly doubt it, but I would have to see the facts. For sentencing purposes, a Negligent 1 is considered a prior, so if you are convicted of this DUI, you will be sentenced as a 2nd DUI.
I highly doubt it, but I would have to see the facts. For sentencing purposes, a Negligent 1 is considered a prior, so if you are convicted of this... Read Answer

I am a salesman with a recent DWI. Will I get fired?

Answered 13 years and 8 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You will have your license suspended and many employers will fire you because of the financial liability of having an employee with a DWI. You can get a conditional license but that is not good for anything more than getting to and from your work location, not driving as a salesman.
You will have your license suspended and many employers will fire you because of the financial liability of having an employee with a DWI. You can... Read Answer

What is your opinion about my field tested?

Answered 13 years and 8 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
My opinion is that there is absolutely no way one should even remotely consider representing themselves against a DUI charge.
My opinion is that there is absolutely no way one should even remotely consider representing themselves against a DUI charge.

Can my attorney keep the original file copy of my DUI case?

Answered 13 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
I don't know why not unless you have fired him. You are entitled to get a copy.
I don't know why not unless you have fired him. You are entitled to get a copy.

If I am a NY resident and am convicted of a DWI in NC, how will my NY drivers license be affected?

Answered 13 years and 9 months ago by Evan H Nass (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
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If you are convicted of DWI in New York, your NY State Drivers License will definitely be suspended. You should consult with an attorney before pleading to any criminal offense. -Justin M. Roper, Esq.Nass & Roper Law, LLP(718) 775-3246
If you are convicted of DWI in New York, your NY State Drivers License will definitely be suspended. You should consult with an attorney before... Read Answer

How long after the DUI charge can be expunged in New York and should Miranda rights be read on a DUI arrest?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No Miranda: The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt. No expungement: I am sorry to be the one to tell you that there is no expungement in the State of New York.... Read Answer
No Miranda: The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the... Read Answer

What happens if CT resident refused breathalyzer and got convicted of DWI in NY?

Answered 13 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I am both a NY and CT criminal lawyer. Call me to set up a paid consultation as to all of the possibilities.
I am both a NY and CT criminal lawyer. Call me to set up a paid consultation as to all of the possibilities.

Would an aggravated DUI charge expire after a certain period if I leave the country before the court case?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No.
No.

How much does it cost to get a misdemeanor DUI expunged?

Answered 13 years and 10 months ago by Larry K. Dunn (Unclaimed Profile)   |   25 Answers   |  Legal Topics: DUI/DWI
Different attorneys charge differently to have records expunged. A person can attempt to have their records expunged without using an attorney. Certainly having the assistance of an attorney experienced in having records sealed is very helpful. Some attorneys do not charge for initial consultation and can quote what fees they charge.... Read Answer
Different attorneys charge differently to have records expunged. A person can attempt to have their records expunged without using an attorney. ... Read Answer

How long does a DWAI appear on a criminal record?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Forever. But, it's not a crime so you usually are not asked to divulge non-criminal convictions.
Forever. But, it's not a crime so you usually are not asked to divulge non-criminal convictions.

How can I be tried for something I was never charged for?

Answered 13 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Just because the cops said that does not make him correct. The district attorney has the final say on the charges and ungraded.
Just because the cops said that does not make him correct. The district attorney has the final say on the charges and ungraded.

What does disposition and review mean in reference to a DWI case?

Answered 13 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Call your lawyer and if no one calls you back from his office ask to speak to a supervisor.
Call your lawyer and if no one calls you back from his office ask to speak to a supervisor.

Can I get a DUI charge 7 months after the accident?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No. Your medical records are confidential. No one has seen them.
No. Your medical records are confidential. No one has seen them.

How should this appear in my DMV record?

Answered 14 years ago by Jared Altman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It will show up as a DWI reduced to a DWAI.
It will show up as a DWI reduced to a DWAI.

What are the chances of taking my first offense DUI charge to trial and getting dismissed?

Answered 14 years and a month ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Your attorney is in the best position to analyze the strengths and weaknesses of your case.
Your attorney is in the best position to analyze the strengths and weaknesses of your case.
DUI/DWI
New York

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