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New York DUI and DWI Legal Questions

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78 legal 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 2
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DUI/DWI
New York

Recent Legal Answers

What are the punishments for second DUI but only blew a 06?

Answered 12 years and 9 months ago by Jared Altman (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
He should fight it.
He should fight it.

What are my penalties for evading arrest detention of motor vehicle first offense?

Answered 12 years and 9 months ago by Gary Moore (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
You have given a rather description of the offense charged.
You have given a rather description of the offense charged.

Am I allowed to have unopened alcoholic containers in my car while driving if I am 18 years old?

Answered 12 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes.
Yes.

Can DWI be expunged in the state of New York?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No.
No.

Can I legally get a license in Florida even if I have a six-month DWI suspension in New York?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No.
No.

Can I still get a DUI after getting my license back?

Answered 12 years and 10 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   12 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

Can a female officer grab minor females breasts while doing pat down?

Answered 12 years and 10 months ago by Atty. Robert J. Sisson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
No.
No.

Can you appeal a DUI conviction?

Answered 12 years and 10 months ago by James Edward Smith (Unclaimed Profile)   |   11 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

Is there any statute of limitations for a DUI or can they wait 4 years to charge you with a DUI?

Answered 12 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Sounds odd. You will need an attorney to straighten out this mess, which will only get worse if you do not.
Sounds odd. You will need an attorney to straighten out this mess, which will only get worse if you do not.

Will I be charged for DUI if I just to sit in a parked car drinking and not driving but key in ignition for heat?

Answered 12 years and 11 months ago by James Edward Smith (Unclaimed Profile)   |   14 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

Do I really need to hire a attorney for a DUI?

Answered 13 years ago by attorney Laurie A. Schmidt   |   11 Answers   |  Legal Topics: DUI/DWI
Yes, you should have an attorney represent you in court. The case is being prosecuted against you by an attorney, who went to law school, has experience in court and trials and has resources available to them. Depending on your financial situation, you may qualify for the services of the public defender's office. You may also want to try and contact a few local DUI attorneys in your area and ask if they would accept payment plans.... Read More
Yes, you should have an attorney represent you in court. The case is being prosecuted against you by an attorney, who went to law school, has... Read More

Can i get out of this?

Answered 13 years ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You committed a serious crime and you are being punished. You did not "get screwed" you were the one that risked your life and everybody else's life and now you are complaining that you got caught and punished? Your lawyer probably got you the best disposition available. Why are you looking to blame anyone but yourself? You did not get injured or go to jail so you are very lucky.... Read More
You committed a serious crime and you are being punished. You did not "get screwed" you were the one that risked your life and everybody else's life... Read More

How much time will 4 DUI's get me?

Answered 13 years and a month ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should retain a good criminal lawyer. You aer going to do at least a year with most judges as this is probably a felony and you are a persistent offender. You will not get your license back from DMV for a long time, do not get caught driving on the revoked license or that will be another year. I suggest you quit drinking before you need a liver transplant.... Read More
You should retain a good criminal lawyer. You aer going to do at least a year with most judges as this is probably a felony and you are a persistent... Read More

I was convicted of a DWAI in someone else’s vehicle, would his insurance be affected?

Answered 13 years and a month ago by Stuart K Austin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No it should not. A dwi is against the driver not the car.
No it should not. A dwi is against the driver not the car.

illegal sentence

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The maximum jail time for a DWI misdemeanor is 1 year. If he has been in jail on this case only and no other case, he should be freed. You might try contacting the local district attorney and ask them to do something about it; you might try to send a letter to the Court in which he was sentenced as well.  ... Read More
The maximum jail time for a DWI misdemeanor is 1 year. If he has been in jail on this case only and no other case, he should be freed. You might try... Read More

What proof does a New York State court need for a DWI case?

Answered 13 years and 2 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If the defendant admitted to driving the vehicle then he gave them half of what they needed to prove, that he was operating the vehicle. The prosecutor also has to prove that he was intoxicated and that would not be likely since they do not have a breathalyzer or witnesses to the erratic driving. I am always amazed that people agree to give statements to the police, but if you are stupid enough to drive drunk In suppose you are stupid enough to admit it to the police.... Read More
If the defendant admitted to driving the vehicle then he gave them half of what they needed to prove, that he was operating the vehicle. The... Read More

what is the dwi law on methadone maint.

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The law against driving while under the influence of drugs is Vehicle and Traffic Law Section 1192.4, an unclassified misdemeanor. I'm not aware of any exception for methadone.  
The law against driving while under the influence of drugs is Vehicle and Traffic Law Section 1192.4, an unclassified misdemeanor. I'm not aware of... Read More

grand jury question

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Its not clear where you are procedurally. If you signed an SCI form, you waived the matter going before a grand jury. Yor attorney will meet with the judge and ADA and get an offer. If you didn't sign an SCI (superior court information), the DA's office could be going forward with the presenting to the grand jury. You will be notified to appear in court to deal with the matter. If you were arrested while on probation, that is an automatic violation of probation. Whether you go to jail or not depends on the recommendation of the probation officer, the ADA and judge.... Read More
Its not clear where you are procedurally. If you signed an SCI form, you waived the matter going before a grand jury. Yor attorney will meet with the... Read More

fair and speeded trail?

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
For a misdemeanor, the prosecutor in NY must be ready for trial within 90 days of arraignment. This just means that they must have their paperwork, like, in a DWI case, the supporting deposition from the cop stating that you had glassy bloodshot eyes, smelled of alcohol, stumbled when you walked. A misdemeanor case must go to trial within 2 years of the commission of the crime. Any adjournments asked for by the defense are excluded from these time limits and any time to decide a motion made by the defense is excluded.... Read More
For a misdemeanor, the prosecutor in NY must be ready for trial within 90 days of arraignment. This just means that they must have their paperwork,... Read More

Will I have to disclose This?

Answered 13 years and 2 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
A violation is not a crime. Therefore, if the question is whether you were ever convicted of a crime, the anser is no. If the question is whether you have been arrested, that is different. If you were just handed an appearance ticket, and were'nt handcuffed or placed in a cell, you can say that you were never arrested. It is no different than getting a speeding ticket. There is no provision for expunging such a violation.  ... Read More
A violation is not a crime. Therefore, if the question is whether you were ever convicted of a crime, the anser is no. If the question is whether you... Read More

What can be done if you are on probation for 3rd offense DUI and get offered a job and it conflicts with an appointment probation officer?

Answered 13 years and 2 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Talk to your probation officer about rescheduling. If your probation officer and you have conflicts, and your requests are reasonable, hire a lawyer to talk with the judge about working with you so you can work and meet your probation terms. Bear in mind that the probation always comes first.? If you violate the probation terms and your probation ends up revoked, you will not be able to work, will you?... Read More
Talk to your probation officer about rescheduling. If your probation officer and you have conflicts, and your requests are reasonable, hire a lawyer... Read More

What happens if I refuse to take a breathalyzer?

Answered 13 years and 3 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Your license will be suspended and you will pay a civil fine. The prosecutor will not have any scientific evidence of BAC, but the officer will testify that you were intoxicated. You should retain a good DWI lawyer, call for a referral in your area.
Your license will be suspended and you will pay a civil fine. The prosecutor will not have any scientific evidence of BAC, but the officer will... Read More

How much is it to get a misdemeanor DUI expunged?

Answered 13 years and 3 months ago by attorney Philip Daniel Hache   |   8 Answers   |  Legal Topics: DUI/DWI
It is possible to petition the court to get your DUI expunged. The judge had discretion on whether our not to grant the petition. There is a filing fee which can vary depending on which court you are in, generally ranging from $60 to $120 in southern California. Attorney fees for handling expungements for clients can vary. I charge $800 and have been very successful in getting DUI expungements granted.... Read More
It is possible to petition the court to get your DUI expunged. The judge had discretion on whether our not to grant the petition. There is a... Read More

Dwi and leaving the scene of an accident

Answered 13 years and 3 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you own a car, earn $400 per week or more or own a home, you do not qualify for a public defender. If the police let you go on an appearance ticket, the best thing you can do is show up for court. The judge will probably release you on your own recognizance. The judge will also take your license, so bring it to court and don't drive to court. Get a lawyer and he/she will negotiate the best deal for you. The answering of this question does not form an attorney-client relationship. ... Read More
If you own a car, earn $400 per week or more or own a home, you do not qualify for a public defender. If the police let you go on an appearance... Read More
DUI/DWI
New York

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