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Todd Wylie Carpenter

Todd Carpenter’s Answers

82 total


  • 3 ALOCHOL offense in ny will revoke me for ten years. Does that apply if i move to Ga. After i finish my court sentence?

    Basically after i finish my revocation with the courts... can the 10 yr NY dmv band affect me moving out to Georgia to get a license?

    Todd’s Answer

    I agree with everyone else in that GA will most likely know of your revocation in NY which would probably prevent you from obtaining in license in GA until your NY revocation has run (and provided you have no other issues in any other states). However, I am not licensed in GA so it would be best for you to contact the GA DMV or a GA attorney directly.

    But just so you are clear, 3 alcohol convictions in NY does not result in a 10 year revocation. It will result in a 5 year loss of license (in addition to the statutory revocation period of the latest alcohol related conviction itself). After that 5+ year period you will be permitted to apply for a "problem driver" license which, if granted, would last for an additional 5 years and require that you install and maintain the ignition interlock device (IID).

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  • DWI Refusal hearing

    I attended my first hearing at the end of April the officer didn't show so my license was reissued immediately. However, as of today (8/20) I have not received notice of my second hearing. Is this normal? From what I'm being told I should have had...

    Todd’s Answer

    It is not at all uncommon for the second hearing to be scheduled many months after the first. Many times nine months have passed before a notice of hearing is even received in the mail (and the actual hearing date isn't for a month or so after that). It all depends on the DMV's hearing calendar. I'm sure the notice will come eventually. I wouldn't be so eager to have that second hearing, though, as refusal hearings rarely work out in the driver's favor., provided the officer shows for the hearing.

    If the officer does not show for the second hearing, your attorney will most likely request that the hearing be adjourned to allow him or her the opportunity to subpoena the officer(s) for the third and final hearing (unless the report of refusal is deficient). That adjourn date will also most likely take many months. The DMV is a bureaucracy after all. You just have to be patient.

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  • Charged with a DUI in 2006 in New York. Disposition in 2007 was DWAI. Can the DWAI be used for enhancement in a 2015 DUI case?

    Charged with a DUI in 2006 in New York. Disposition in 2007 was DWAI. Can the DWAI be used for enhancement in a 2015 DUI case?

    Todd’s Answer

    If by “enhancement” you mean it will result in a more serious offense being charged, the answer is “No.” But if you mean will your prior DWAI possibly effect the People’s offer or willingness to even make an offer with regard to the 2015 offense, then the answer is “Possibly.”

    A DWAI is a violation and cannot be used to elevate the charge of a subsequent DWI arrest (note though, that a DWAI arrest can be charged as a misdemeanor if you have two previous convictions for any section of VTL 1192 within the preceding 10 years).

    However, the prosecutor is free to consider your entire driving/criminal history when deciding what offer to make (and the court is free to do the same when considering whether to accept the prosecutor’s recommendation). So a prosecutor may be reluctant to offer you a second DWAI particularly since your prior was within 10 years. Problems with the case may be a way around that issue, which is all the more reason to discuss your case and your concerns with an experienced DWI defense attorney as soon as possible.

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  • If i get convicted of 3rd dwi in ny.... in 25 yrs my license is suspended for 5yrs

    1998 conviction 2012 conviction 2014 charged

    Todd’s Answer

    This language is directly from the NYS DMV website:

    "Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock."

    Please note, however, that if you have a serious driving offense in addition to the 3 prior alcohol related driving convictions, your license will most likely be permanently denied.

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  • Obtaining a hardship license from DMV in Schenectady County, NY.

    Hello, My court ordered revocation is about to expire for a 2nd DWI within 10 years (7 years apart, I also had a DWAI 9 years apart from latest DWI). I refused the chemical test and paid all fines associated to the DMV. My probation officer t...

    Todd’s Answer

    Your probation officer is correct. Because you have 3 alcohol related driving offenses within 25 years and your current revocation is the result of an alcohol related offense (and provided you do NOT have a serious driving offense on your record, too), the DMV will deny you the opportunity to obtain driving privileges for 5 years AFTER the initial statutory revocation period for the current offense has expired. Once that 5+ year period has expired, you will be eligible to apply for a license with a problem driver restriction. If granted, you will remain on that problem driver license for 5 additional years and be required to install and maintain the Ignition Interlock Device (IID) at your expense during that same 5 year period.

    The DMV does not allow a "hardship" privilege for this type of revocation. The DMV may deviate from their policy, however, if you can demonstrate "unusual, extenuating and compelling circumstances." This is not easy and rarely successful. Your more realistic options (although only slightly more so) are to either challenge any of the underlying DWI/DWAI convictions in an effort to reduce the total convictions on your record, or appeal the DMV's denial of your reapplication when the time comes.

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  • I was arrested for a DWI in 2014 in Kingston, NY. The arresting officer said my breath test showed 2.0 on the side of the road.

    I was arrested for a DWi in 2014 in Kingston, NY. The arresting officer said my breath test showed 2.0 on the side of the road. He kept me on the side of the road for 63 minutes doing sobriety tests then decided to arrest me. They "lost" my breath...

    Todd’s Answer

    Is your case still pending? If so, these are questions you should be asking your attorney who is best positioned to understand the nuances of your case. I can promise you, however, that you were not a 2.0. If you were, you wouldn't be able to submit this question because you'd be dead. You were more likely a .20, which is an aggravated DWI. This offense, if a first offense, is typically resolved with a plea to a straight DWI, which is still a misdemeanor but with significantly lower fines and a shorter period of license revocation. I will say, however, having practiced regularly in Ulster County and Kingston in particular, a 9 month recommended sentence on a first offense DWI is pretty severe and uncommon. If that really was the People's position on sentencing, I'm thinking this is not your first DWI (in this or any other state) or there are some aggravating factors (accident, reckless driving, etc...). Again, your attorney should be able to explain the ins and outs to you. That's (part of) what his or her job is.

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  • How do you prove the time of an arrest when the officers deposition states the time 2 hours later than it was.

    I was riding an atv in a field when I came to the road a officer tried to stop me. Ikept going back off road in to the field a ways and shut off atv and waited. Officer came back a d arrested me for resisting arrest..later at the station they did ...

    Todd’s Answer

    Time of arrest is a very important detail with regard to DWI. However, the time you were actually "arrested" as that term is defined in the law may not be as black and white as it may seem. An experienced DWI defense attorney would know where to look and how to corroborate/confirm the time of arrest. If there is additional paperwork other than just the deposition ((which there should be), the time of arrest may be correctly stated somewhere else. If it is not, your attorney will have to put his talents to work to uncover the actual time.

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  • Is not being advised of a Certificate from Relief of Disabilities by pubic defender prior to plea deal grounds for an appeal?

    I plead guilty to E Felony DWI (2nd with in 10 years) based on the lack of defense being provided. You can't get a good defense meeting the Public Defender 5 minutes before going to see the judge to accept a plea. I received 5 years probation. M...

    Todd’s Answer

    Unfortunately your concern regarding the Certificate of Relief from Civil Disabilities is not a legitimate basis for an appeal.

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  • My father was arrested in Queens, NY for drunk driving. It is his first offense. Should I hire a lawyer?

    His BAC level was .18, according to the police who told my mother, who told me. About 3 hours later at the station, they said it came down to .13. He was "speeding without his lights on" which must've been their signal to flag him down. They say a...

    Todd’s Answer

    Your father should absolutely hire a DWI defense attorney. If his BAC at the time of his chemical test was .18, he will be charged with Aggravated DWI, still a misdemeanor offense but with significantly higher fines and a longer period of license revocation (in addition to the usual misdemeanor conviction consequences, like jail and a criminal record). Language barriers are always an important consideration in evaluating various aspects of a DWI arrest, and an experienced attorney will know what to look for and determine if language played a role in your father's arrest (for example, if he doesn't speak English well, how could the officer truly know that he was "incoherent?")

    Bottom line, he is charged with a crime and could be sentenced to jail if convicted (as you correctly point out). At a minimum, an experienced attorney would have a chance to get the charge reduced, or if significant issues exist, possibly even dismissed or return a "not guilty" verdict after trial. Why would your father and family NOT want to take advantage of that opportunity?

    After he is processed, since this is his first offense, he will most likely be issued an appearance ticket instructing him when and where to appear for his arraignment (unless he is able to be produced in front of a judge immediately). Depending on the circumstances of his arrest, bail may be required. Regardless of what happens next procedurally, he should consult with and retain an attorney prior to the next court date.

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  • I have an A.U.O 3rd from a DUI I paid all the fines (court, dmv, and the dui class) and the judge says I need a lawyer.

    I have auo 3rd failure to change address with dmv no inspection and unlicensed operator. Then tried to find work and someone flagged a truck out of a driveway that front ended me and we called the police for the accident and I received another auo...

    Todd’s Answer

    Because you are charged with multiple misdemeanors from separate incidents, it would be in your best interest to speak with an attorney, and the court will most likely do everything within reason to push you in that direction. You are entitled to represent yourself, but there may be many hoops the court will make you jump through before getting to that point, which could cost you more money and time in the long run than hiring an attorney.

    That being said, if you are able to show up in court with your driving abstract and proof that you cleared ALL of the underlying suspensions/revocations, the prosecutor may be willing to resolve the matter with you then and there.

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