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.
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...
Crimes of theft such as larceny, shoplifting, unlawful use of credit cards and filing a false instrument such as filing a car accident report to collect insurance when there wasn't any accident are examples of crimes that involve dishonesty.
Criminal mischief is the destruction of property of another with out permission.
An ACD can certainly be considered pretrial diversion.
An attorney has the duty to protect your constitutional rights and to communicate with you in order for you to make informed decisions as your case progresses toward trial. Ultimately as the client you are the one that must decide which direction your case takes.
Try to communicate with your attorney so that both of you mutually understand each other and that you fully understand the consequences or your decisions.
Thank you for sending such a sincere plea for help. The criminal justice system can be overwhelming especially to those going through it for the first time. I am certain that there is a local attorney in the county that this case is pending that will be willing to work on this case and help your friend. I see that your post is from Buffalo, NY so I am assuming that this is a Buffalo case. I hope that you are contacted by a local attorney willing to help. In the meantime if you wish to reach...
The Municipal Court system in New Jersey entitles everyone that is charged with a traffic infraction to conference their case with the Municipal Court Prosecutor before appearing before the judge. Take advantage of that opportunity and see if you can resolve your case to your satisfaction with the prosecutor.
A prior conditional discharge will not have any affect on the potential penalty you are facing in the new DUI matter. Also as a general rule you are not facing any jail time with this new DUI charge.
Please consult with and retain an attorney that handles DUI cases so that you can get all your questions answered and that you are competently represented.
There does not appear to be any intent on your part to deprive the store of the money for the candy. You could either go back to the store and pay for the item or leave it alone and try to be more aware of the items you have when you check out next time.
Carl Spector, Esq.