The question is who do you want the money back from? The lawyer or the State for improperly arresting you? If the attorney went to court and argued your case with the prosecutor and the case was dropped, then the attorney earned his/her fee for pointing out the defects in the State's case against you. If the case was dropped before ever going to Court at all, then you may be entitled to something back from the attorney.
If the State dropped the case after seeing their error in arresting...
I suggest that you see a negligence attorney who handles these type of matters in Bklyn. That is one jurisdiction that it may pay to pursue something like this since the Insurance carriers know that the juries are more willing to award money for damages. However, you must treat your condition for more than the first 90 out of 180 days after the accident in order to avoid having your case dismissed as being not significant enough to be sued for in court. Speak to a qualified attorney and let...
Sorry, but NY does not expunge or seal DWI records.
You may be able to make a motion to set aside the conviction for certain reasons, but that will only happen under certain limited circumstances.
Speak to a qualified attorney who knows about these things. However, don't get your hopes up since NY is not a state that expunges simply with the passage of time.
Yes, you may appeal any Sentence imposed by a federal judge, however, since the Judge has great latitude in rendering a sentence (even with the federal guidelines in place) it is unlikely to be overturned in most instances - unless it is really an aberration.
Check with a local federal defense attorney.
You have a triable case, meaning, it will likely result in an acquittal after trial.
In my experience, I believe the police will say they saw you driving the car. If not, then they may have no case whatsoever. Obviously, they're willing to lie if they say the keys were in the ignition, so don't expect them to be honest about anything else. Where the issue of fact will arise is in the testimony of the other witnesses when they verify that the keys were not in the ignition.
While I agree with the previous answers given, I suggest that a Motion to Dismiss can be made after six months because that is the CPL 30.30 time period for the People to be ready for trial and if they're not ready within that period of time, then the case is subject to being dismissed.
If a blood test doesn't come back within six months, then that means the People could not be ready to go to trial and that means the Motion should be granted by the Court.
I agree that this looks like a mistake made by the DMV.
Usually, you get a notice in Court at your initial Arraignment of the DMV hearing date for the refusal hearing, so check your original paperwork again and if you have an attorney, ask them about the date. It is important to make that date on time because if you miss it, while the DMV will reschedule it, they will do it a long time in advance and your license will be suspended in the meantime.
You may also do well to go directly to...
Go get your license back and hire an attorney to monitor what's going on with the DA. They may seek to Indict you if there is a felony involved and that may be what they're doing right now or at least considering and trying to do. They may need additional witnesses to accomplish it and that may be what's holding them up for now. Perhaps speedy trial time will run out on them, perhaps not. That's why you should hire an attorney to confront it when it does happen.