Todd Wylie Carpenter’s Answers

Todd Wylie Carpenter

Poughkeepsie DUI / DWI Attorney.

Contributor Level 9
  1. How much time do you get in prison for Drunk Driving?

    Answered 20 days ago.

    1. Michael D. Litman
    2. Stephen C. Cooper
    3. Todd Wylie Carpenter
    4. Eric Edward Rothstein
    5. Richard C. Southard
    6. ···
    7 lawyer answers

    The amount of alcohol consumed really makes no difference to an ultimate disposition of DWI. It's teh BAC that amount of alcohol results in that drives the case. Depending on what the BAC was (if one was obtained), a sentence for an alcohol or drug related driving offense (i.e., DWAI, DWI, Agg DWI or AI-Drugs, Felony DWI) can range anywhere from a conditional discharge (no time in jail) to probation all the way to 7 years on state prison.

    8 lawyers agreed with this answer

  2. DWI

    Answered 26 days ago.

    1. Eric Edward Rothstein
    2. Todd Wylie Carpenter
    3. Michael C. Cyr
    4. Michael D. Litman
    5. Michael Adam Arbeit
    6. ···
    9 lawyer answers

    At a .08, you are most likely charged with violations of both VTL 1192.2 and 1192.3, and if you were arrested in NYC, an 1192.1 (DWAI) was probably thrown in there, too. Because you blew a .08 (and provided you have a clean record), the odds are relatively good that you'll be able to resolve the matter with a DWAI at worst. Because you were arrested at a checkpoint, certain additional considerations come into play, as well, and an experienced DWI defense attorney will know what to look for and...

    7 lawyers agreed with this answer

  3. In NY.. If a driver of a vehicle has been drinking alcohol (while driving). Of course, not good thing but if he/she gets pulled

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Todd Wylie Carpenter
    3. Michael J Palumbo
    4. Christopher Irvin Simser
    5. Anthony Michael Giordano
    6. ···
    6 lawyer answers

    There is no black and white answer to that question. First of all, it is important to clarify just what someone is refusing: either (or both) the pre-screen breath test (PBT) or the chemical test. The consequences differ greatly depending on which is refused. Refusing the PBT (the little box the officer typically asks you to blow into on the side of road before you’re cuffed) is a traffic ticket that results in fines, surcharges and DMV fees. By not providing a PBT sample, the possibility...

    7 lawyers agreed with this answer

  4. “I was arrested for dwi after being removed from a convenience store and never attempted to re-enter my vehicle.

    Answered 15 days ago.

    1. Peter J Withey
    2. Carl Scott Spector
    3. Arkady Bukh
    4. Julie Rendelman
    5. Todd Wylie Carpenter
    6. ···
    9 lawyer answers

    You can still be arrested for DWI even tho you may not have been in the vehicle when the police arrived. It is a very fact specific situation, however, and an experienced DWI defense attorney will know what to look for and discuss with you what problems there may be for you in such a case. Instances where the defendant is not in the vehicle at the time of the initial stop can present problems for the prosecutor which may work to your advantage, either by way of negotiating a lesser offense or...

    6 lawyers agreed with this answer

  5. Why am i being charged with a DWI even though i was not operating the vehicle?

    Answered 26 days ago.

    1. Andrew M. Stengel
    2. Michael D. Litman
    3. Todd Wylie Carpenter
    4. Eric Thomas Vallone
    5. Richard C. Southard
    6. ···
    11 lawyer answers

    You can be arrested for DWI if the officer has reasonable suspicion to believe that you were operating a motor vehicle while intoxicated. That determination will be made based up the facts and circumstances of your stop and interaction with the officer. People approached for sleeping in a vehicle are arrested for DWI on a fairly regular basis, believe it or not. Such arrests do present certain problems from the prosecution, however, as does your diabetic and physical condition at the time of...

    5 lawyers agreed with this answer

  6. DWAI-drug NY State

    Answered 27 days ago.

    1. Eric Edward Rothstein
    2. Michael Edward Cirigliano
    3. Stephen C. Cooper
    4. Michael D. Litman
    5. Todd Wylie Carpenter
    6. ···
    8 lawyer answers

    All that SHOULD happen when you report to the station to be processed is that you will be, well, processed; like you were told - photos, prints and processing. There should be no questions from anyone at the police station concerning the facts of the underlying incident. The only questions you should be asked will be basic pedigree questions. If you don't take care of it on your own, the court will simply order to comply at the next appearance. It is not an uncommon occurrance. Not quite...

    5 lawyers agreed with this answer

  7. My son was pulled over by 4 police cars after he parked and was getting out of car with 2 friends. Police told him they saw him

    Answered about 1 month ago.

    1. Michael D. Litman
    2. Michael C. Cyr
    3. Todd Wylie Carpenter
    4. Michael Adam Arbeit
    5. Dennis Brian Laughlin
    6. ···
    8 lawyer answers

    There's certainly a lot going on there. Your son's very first step should be to speak to an experienced DWI/criminal defense attorney. There are any number of possible resolutions of a case and the ultimate disposition will depend on the facts of the particular case, i.e., the basis for the stop (was there reasonable cause), what was the basis for the search, etc., that a qualified attorney will be able to recognize, review and discuss with your son. Based on the charges as you describe them,...

    5 lawyers agreed with this answer

  8. If on parole and i get a ticket for dricibg with a suspended license is it pissible to get violated

    Answered about 2 months ago.

    1. Terri Beth Kalker
    2. Michael Adam Arbeit
    3. Thomas Charles Nicotera
    4. Kari E Arnold
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    You could absolutely be violated. Even a "run-of-the mill" AUO is a misdemeanor, a criminal offense. That alone could subject you to a violation. Additionally, typical conditions require you to report ANY police contact to you PO within 24 hours. Failure to do so can also constitute a violation. An experienced criminal defense attorney can help you navigate these missteps. You should contact one immediately if you have not already done so.

    5 lawyers agreed with this answer

  9. 2 charges in nyc dwi and dwai

    Answered 4 days ago.

    1. Andrew M. Stengel
    2. Todd Wylie Carpenter
    3. Nikole M Wynn
    4. Andre Sedlak
    5. Michael J Palumbo
    6. ···
    6 lawyer answers

    By "a legal aid" I'm assuming you mean a legal aid attorney, in which case, the chances of a dismissal are just as good (or poor) as they would be with a private attorney. If you blew under a .05 chances are good that you'll be able to resolve the charges with a plea in lieu of trial to a non-alcohol related offense/violation or possibly even an ACD. There's a lot more to a DWI, however, than just the DWI charges, like the basis for the stop and any tickets issued related to it. But based...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How does E felony probation work For a dui?

    Answered 20 days ago.

    1. Michael D. Litman
    2. Eric Edward Rothstein
    3. Todd Wylie Carpenter
    4. Derek S Andrews
    4 lawyer answers

    Your probation period begins as soon as you are sentenced. So you should be on probation for 5 years from your sentencing date. How often you are required to interact with the department of probation will be determined by your probation officer and will be evaluated and re-evaluated based on your compliance and "success," as that term is defined by probation. Unfortunately, a sentence of probation is not equal treatment for everyone, as a difficult PO can make your time on probation somewhat...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful