Todd Wylie Carpenter’s Answers

Todd Wylie Carpenter

Poughkeepsie Speeding / Traffic Ticket Lawyer.

Contributor Level 7
  1. 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 about 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

  2. Interlock failure on probation...NYS will I be violated?

    Answered over 2 years ago.

    1. Todd Wylie Carpenter
    2. Richard C. Southard
    3. Benjamin J Lieberman
    4. Edward D. Dowling IV
    4 lawyer answers

    FIRST, contact an attorney...either the attorney who represented you on the initial offense or hire a new one. But you should definitely speak to an attorney before it's too late. The consequences of violating probation can be serious, and may include a period of incarceration. Whether you will be violated for blowing a positive reading on the Ignition Interlock Device ("IID") depends on several factors that your attorney will be able to review and explain to you. If the positive reading...

    3 lawyers agreed with this answer

  3. Stopped for dwi and refused to blow what are chances of getting off did not do field sobrity tests.previous dwi nine years ago

    Answered over 4 years ago.

    1. Todd Wylie Carpenter
    2. Eric Edward Rothstein
    3. George Peter Conway
    3 lawyer answers

    That is a question that cannot (and really should not) be answered in this type of forum. While there may be a few particulars that are fairly consistent in most cases, each DWI case is truly different and requires the attention of a qualified DWI attorney, particularly if you have a prior conviction, and ESPECIALLY if you have a prior conviction within the previous 10 years. A refusal can help or hinder your situation. All a refusal guarantees is that you cannot be charged with a violation...

    2 lawyers agreed with this answer

  4. I was charged originally with a VTL - 512 and it was reduced to a VTL - 401 . 1A - 1A . Is that still a misdemeanor ?

    Answered over 1 year ago.

    1. Jason Lloyd Stern
    2. Marco Caviglia
    3. Todd Wylie Carpenter
    4. Melissa Sue Aguanno
    4 lawyer answers

    An unregistered vehicle offense, pursuant to NYS VTL 401.1(a) is a violation, not a misdemeanor, with a fine range of $40 to $300, plus state mandated surcharges. Although not a criminal conviction, failure to timely pay the fine and/or surcharge may result in suspension of your driving privileges.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Shock eligible?

    Answered 10 months ago.

    1. Eric Edward Rothstein
    2. Todd Wylie Carpenter
    3. Stephen Charles Cooper
    3 lawyer answers

    NY Correction Law Sec. 865 is very specific, and reads: "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of fifty years, who has not previously been convicted of a felony upon which an indeterminate or determinate term of imprisonment was imposed...

    1 lawyer agreed with this answer

  6. Penalties for a New York traffic violation 509-6?

    Answered about 1 year ago.

    1. Marco Caviglia
    2. Todd Wylie Carpenter
    3. Zev Goldstein
    3 lawyer answers

    That is a violation (not a criminal conviction) and is punishable by a fine of between $75 and $300 dollars and/or 15 days in jail. While jail is usually unlikely on a conviction for a first violation level offense, it is always advisable to speak to a qualified attorney before making any decision whether to simply plead guilty or not. Reductions are common in VTL practice and your attorney may be able to negotiate the offense down to one with a lower fine range.

    1 lawyer agreed with this answer

  7. What are the chances a judge would agree to youthful offender for my 19-year old son?

    Answered about 1 year ago.

    1. Todd Wylie Carpenter
    2. Marco Caviglia
    3. Jonathan Brian Manley
    4. John J. Carney
    4 lawyer answers

    First and foremost, it is important to know that even if your son is granted youthful offender (YO) status, he will not avoid punishment for the offense to which he pleads guilty. YO simply means that he will not stand “convicted” of the offense, but rather be adjudicated a youthful offender. Even if granted YO status, he may still be incarcerated. In this particular case, his attorney should argue for discretionary youthful offender status and attempt to get the ADA to consent or recommend...

    2 people marked this answer as helpful

  8. DWI conviction upstate NY - interlock clarification

    Answered over 1 year ago.

    1. Christopher Irvin Simser
    2. Michael J Palumbo
    3. Joseph A Lo Piccolo
    4. Patrick Ferriter Scully
    5. Todd Wylie Carpenter
    5 lawyer answers

    A misdemeanor DWI conviction in New York State requires the installation of the Ignition Interlock Device (“IID”) for a minimum of 6 months. However, given the relative recency of the IID requirement and the related paperwork, some courts may misinterpret the sentencing requirements and impose the IID device for longer definite periods. If something about your IID sentence seems contrary to what you were led to understand when you accepted the offer, you should definitely seek clarification...

    1 lawyer agreed with this answer

  9. What does it mean when the judge said they vacated my judgement ??

    Answered about 1 year ago.

    1. Marco Caviglia
    2. Todd Wylie Carpenter
    3. Taylor A. Koss
    3 lawyer answers

    It is difficult to fully and accurately answer your question without knowing all of the facts and circumstances of your case. You should definitely contact the attorney who represented you on that charge if you have any questions regarding the ultimate disposition. But it sounds as tho one of two things happened in your case. You were either 1) granted a conditional discharge as part of your sentence, or 2) you pleaded guilty to something and were thereafter placed on a period of interim...

    1 person marked this answer as helpful

  10. I got called to do Jury duty coming up next week but I had felonies in the past and have a warrant,how can I get out of Jury dut

    Answered 3 months ago.

    1. Eric Edward Rothstein
    2. Stephen Charles Cooper
    3. Todd Wylie Carpenter
    3 lawyer answers

    Mr. Rothstein and Mr. Cooper are 100% correct. If you have actually been convicted of a felony, you are disqualified from serving on a jury (among other things). The court may require proof over just your good word before you are dismissed from service, however. Your bigger concern is walking into a courthouse with an open warrant.