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.
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...
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.
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.
It sounds like the two of you are doing this on your own without the benefit of attorneys. That's unfortunate and dangerous as you already know by now.
If a default has already been taken against you, you'll need to file an Order to Show Cause to open up the default based upon the fact that you were never given notice that a default was being sought against you. I suggest you speak to an attorney since this is not that simple to do and you'll need to get it right or the present Divorce...
Joe LoPicalo is correct. In Nassau County, the DA will not make any offer on this case and will be recommending substantial jail time. The maximum you can get is a year in jail and they will ordinarily recommend 3-6 months on a second DWI. With double the limit alcohol, they may raise their offer higher, especially if there was an accident or another violation, which usually is the case.
As for getting a regular license back, that is not going to happen for quite some time.