My sister received a DWI in NY State in June, She works for a large pharmaceutical in New Jersey, and her job is 85% travel. Without her license, her career is in the tubes. Yes, its always easier to say after the fact and realize the error of you...
I need more info to better answer this. Is she a NJ resident with a NJ license? What was the chemical test reading? Accident? Priors? Did she refuse to blow? I have represented many professionals in DWI cases without any employment consequences, at all. An impaired in NY is a traffic infraction not a crime; also NY cannot suspend a NJ license.See question
What I am I looking at in the way of fines and Penalties, too include possible Jail Time?
Unless you pled guilty 17 years ago I don't see how they can resurrect that case. I would hire a local lawyer to get the warrant vacated and the matter dismissed. There could also be a speedy trial issue notwithstanding the warrant but that's a different discussion.See question
Was not given a breathilizer and was told you passed the fiekd test and at your first court date saw that the policeman was not telling you the truth. If you refuse to go to police location for additional testing, do you have any recourse?
There is no real pass or fail on a field sobriety test (FST). They are merely tools to detect intoxication. In my experience in trying dozens of DWI cases in NYC the police are very biased and they inaccurately rate the motorists performance on the fst's. This only hurts them when the jury views the video and I highlight the bias.See question
This question relates to Finra's u5 form and Brokercheck's criminal disclosure section. In my youth (20, NYC) I was charged with a couple of alcohol-related misdemeanors. One of these charges, 3rd deg. forgery for poss. of a fake ID, did...
Sounds like the DA declined to prosecute the forgery case. If that's the case it will still be showing on your rap sheet as an undocketed arrest. If you send the DA a notarized letter requesting a declined prosecution letter, and then send that to DCJS in Albany, it will be removed from your rap sheet. It helps if you have the arrest number; which you can get from the criminal court by requesting a 343 letter. (BTW There is actually a form order for this that the DA is supposed to send to Albany when they decline to prosecute, but I have never met an ADA in NYC that even knew of its existence, so we have to clean up their mess on the DP cases).See question
I was arrested for dwi and the cops said i refused the breathalyzer test. He asked me after taking many field sobriety tests if i wanted to take a breathalyzer rather than just getting it out and telling me to blow into it. My answer was "what for...
It's not clear from your question if you were actually charged with a refusal. Were you given a notice to appear at a DMV refusal hearing? This is usually scheduled the first time you see a judge in the criminal case and has to occur within 15 days or the suspension is lifted.See question
I went to court and it was postponed. I'm currently waiting to go to court. I was leaving a night club the night I got pulled over. The officer stated I swerved in and out of the lane.
As my learned colleagues have said - we need more info. But in any event, I'll give it a shot. Assuming you did not plea to a misdemeanor on your first case, the second is not a felony. If the third case occurred before conviction on the second, both of those cases are also misdemeanors. However, if there is a prior misdemeanor dwi conviction the district attorney MAY choose to indict the subsequent arrest as a class E felony (1 and 1/3 to four years maximum prison time). On the other hand, if you have a prior E felony DWI conviction (meaning you plead to a misd on the 1st and a felony on the 2nd) the district attorney MAY indict the new case as a D felony and you will likely be facing a few years upstate. Whether or not the DA chooses to indict is very fact specific and something only the DA can really answer. I suspect the cases are all misdemeanors, but that could also change. I recommend you hire a very good local DWI lawyer.See question
Last year I was arrested & charged with a felony for possession & intent to sell a controlled substance .i was innocent because they were my prescriptions & This was the only time I ever got arrested , Now the day following I got released from boo...
I agree with my colleagues, however, its unclear from your post whether marihuana was also involved. If so you may have consented to a Marihuana ACD which results in dismissal after 12 months.See question
I am currently out on bond for 2 felony charges.. They have been sent back to the lower court. I was recently arrested on harassment 2nd charge and plead guilty today to the misd charge. Can my bond be revoked? Should I contact the bondsman?
in my experience, at least in NYC, the bondsman will look to exonerate the bond once he gets wind of the new arrest. To not contact him will only help his cause.See question
arrested when police arrested my ex boyfriend outside of my home, they entered my place without a search warrant. Arrested me and also woke up my son in the next room and arrested him. We became co defendents to the case. Case has been pleaded alr...
Much more information is needed. Contact a civil rights attorney.See question
Its been adjourned 3 consecutive times with no court or DA action for the past 5-1/2 months.
The case is only close to being dismissed for a speedy trial dismissal if it has been indicted. (See CPL 180.85). It sounds like it has not been indicted and that a felony complaint is pending. This can go on for more than a year. (Id.). In my experience most DA's will offer a misdemeanor on these cases but I would need a lot more information to comment further.See question