Please provide additional information to allow the attorneys to answer this question.
For starters, when was the DWI conviction? Are there any other prior driving while suspended convictions, etc.?
Thanks and good luck.
The distinction is with a DWAI, which is driving while ability impaired. A DWAI is a traffic infraction and not a crime. New York refers to the "crime" of driving while intoxicated commonly referred to as DWI. There is no real difference in the law between DWI and DUI. The real difference is as stated above between a DWI/DUI and DWAI.
I hope that this explanation helps.
Having an attorney review the case would be advisable so that all your rights are protected. An attorney experienced in criminal law and procedure could analyze the facts of the case including the reason for the stop, the search and any statements that where made to the police that can be challenged in court to further advise you as to whether you should apply for the conditional discharge, challenge the stop and search, take the case to trial or try to negotiate some other disposition....
The charges that you have mentioned are serious. You should consult with a few attorneys to get an idea which attorney you are comfortable working with and yes you should hire an attorney for this matter.
Based upon the little information that you have provided, if you were charged with a DUI and never appeared to answer the charge, you would have an obligation to contact the court and arrange to appear in court to answer the charge.
You should consult and hire a local attorney to assist you in this matter.
There appears to be a malfunction with the ignition interlock device itself. You will have to get the device serviced. You are one of many people that I have head this same story from. If the prosecutor chooses to file a violation of your conditional discharge based upon this event, the download from the IID company will be crucial. You must try to find out from the company why the error occurred once they are done servicing the unit.
You may want to alert your attorney as to your current...
It is certainly possible to resolve the case prior to the October 6th court date. It is even possible to resolve it sooner if the prosecutor and your brother's attorney come to some agreement. There must be a considerable effort made by the attorneys if your brother intends to start in the next FDNY class.
Arrest warrants are signed by judges. If you were arrested with out probable cause your attorney can make a motion to the court and challenge the legality of your arrest. If a judge rules that the police did not have probable cause for your arrest then the case would be dismissed.
While an ACD is not a criminal conviction there may be consequences. Iimmigration issues should be directed to immigration attorneys. Each individual has unique immigration issues, so please consult with an immigration attorney familiar with the criminal law.