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Nicholas Michael Rossi
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Nicholas Rossi’s Answers

22 total

  • How do I get my license reinstated in New York state after having 3 alcohol related offenses in the past 10 years?

    I have available my most recent Denial Letter from the NYS DMV 136.5a4 and 136.5b3iii. I have my driving abstract that includes 2 DWI's (1 in 2006, and 1 in 2011) and a DWIA (in 2006) as well as some other traffic infractions. Here is a link to a ...

    Nicholas’s Answer

    It appears that you are dealing with what we commonly refer to as the "DMV Regulations." In 2012, the DMV put into place new regulations that impose significant licensing penalties on drivers with multiple DWI offenses. Although they were officially put into place in September of 2012, the DMV began applying them to individuals whose licenses were revoked before that time, which appears to be what happened in your case (based on the limited amount of information provided). The Fourth Department has recently upheld the DMV regulations, despite a number of legal challenges brought on the part of drivers facing situations similar to yours. Though the information you provided in the last paragraph is certainly positive, it does not affect your licensing status from the DMV's point of view. In order to determine exactly how the regulations will affect you, it would be necessary to evaluate your lifetime driving record, which you can obtain from the DMV.

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  • Dwi charge without breath test?

    My friend was arrested for drunk driving/dwi, but did not take breath test. I dont understand how she can be charged with dwi if the cops cant prove she had alcohol in her body with a breath test--is this legal?

    Nicholas’s Answer

    The simple answer is Yes, you can be charged (and convicted) of D.W.I. in New York State without a breath test. There are two separate D.W.I. charges, Vehicle & Traffic Law section 1192(2) and section 1192(3). Section 1192(2) is based on a breath test of 0.08 of one percent or higher. Section 1192(3) is based only on the officer's observations and his/her opinion that the driver operated a vehicle while intoxicated. For example, the officer will note in the paperwork (and later testify at trial) about glassy eyes, odor of an alcoholic beverage, slurred speech, and impaired motor coordination (i.e., failing the field sobriety tests). Under the law in New York, the officer's testimony regarding his or her observations is enough, even without a breath test, to convict for D.W.I.

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  • Do I need a criminal defense attorney?

    This is horribly humiliating but I'm 24 and stole something worth about $150-$200. A detective called & asked me to come in, he showed me a video, I admitted I did it, he took fingerprints, gave me a court date and I signed something & wrote somet...

    Nicholas’s Answer

    You should certainly have hired an attorney before you made any statements to law enforcement. When the police ask you to come in and answer some questions, you can be sure that they are going to use anything you say against you. The crime to which you admitted, petit larceny, is punishable by up to one year in jail and a fine of up to $1,000.00. That said, if this is your first offense it is unlikely that you would go to jail. You should immediately hire an attorney to see if there is the possibility of getting this reduced, possibly to an ACD.

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  • Do DWI offenses go by arrest or conviction?

    I was convicted of a dwai (by way of plea bargain) in 2012. I was recently arrested for DWI, and i want to know if this would be considered a first or second offense if convicted. I am retaining a lawyer, I just want to know as much infor...

    Nicholas’s Answer

    The DWAI conviction will not be considered a predicate, so this new arrest will be charged as a misdemeanor (as opposed to a felony). However, assuming you have taken the DDP class within the last five years, you will not be eligible for a conditional license. My office is in Buffalo, if you wish to discuss this matter further feel free to call and schedule a consultation - 716-854-5555.

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  • A vacation on a cruise is being planned. I have a friend convicted of a dui. I want an opinion on the certainty he can travel?

    I'm not sure of everything the DUI entails (I know that without specifically knowing the case your answer isn't guaranteed, but I want a lawyers input as to the certanty of my question)...he does have a probation officer he has to see from time to...

    Nicholas’s Answer

    He will have to clear any travel through his probation officer. If it is an international cruise, he will have to check the immigration policies of any countries he wishes to enter, as some nations prohibit entry, even on a temporary/short-term basis, to individuals that have been convicted of a crime.

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  • Try to make a long story short.jan 22 i got tickets for misdm reckless driving and failure to keep right..i was taken to stai

    on then hospital for blood sample because i failed field sobriety tests and tested neg for alcohol.i told them it was because i just took my suboxone and lyrica together an hour agom a poor single dad whom is unemployed and on social services.i ha...

    Nicholas’s Answer

    You need to immediately hire a criminal defense attorney, as there are issues that will need to be addressed at your arraignment on April 9th. Based on your statements, you may be facing charges for Driving While Ability Impaired by Drugs under VTL 1192(4), in addition to the reckless driving charge, which is a criminal offense.

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  • Questioned about prior offense before I was mirandized. I was in "custody" and not able to leave. Is this a violation?

    I was handcuff and being driven to the police station when the officer asked me about(in detail) a prior offense (suspicion of dwi). At the station I was handcuffed to the bench. Per the police statement: I was read the refusal warning twice. I de...

    Nicholas’s Answer

    There is no requirement that you sign any paperwork stating that you refused the test. By declining to take the test, your license will be revoked for a period of one year, and this revocation is a civil penalty completely separate and distinct from the suspension/revocation issued by the Court at the conclusion of the criminal case. You should immediately hire an attorney.

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  • How do I prepare to meet with the DA?

    I was arrested for grand theft larceny in the 4th degree. This is my first offense. I am scheduled to be meeting with the DA soon. What information should I bring with me. I attended college, but did not graduate. I have been working many years in...

    Nicholas’s Answer

    You should hire an attorney immediately and provide that attorney with any information that you feel is relevant to your defense.

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  • I am doing very well with drug court for felony DWI I was wondering is it still possible to get the that charge reduced

    to misdemeanor once I complete the program and probation have one other DWI 7 years ago

    Nicholas’s Answer

    It depends on the court and the District Attorney's policy with regard to the drug court program. Some drug courts are "pre-plea" meaning you enter the program before the disposition of your case while others are "post-plea" meaning that you plea to the charge and then enter the drug court program with the hopes that if you complete it and succeed in the program, there is the possibility of having the charges reduced. Again, it all depends on the policy of the court and the DA's office, because the DA still has to sign off on the charges being reduced upon completion of the program.

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  • How likely is it that I can get DWI charge reduced?

    State: New York Tickets Issued: Failed to Keep Right, Moved From Lane Unsafely, Driving While Intoxicated (MISD), DRIV'G W/.08 of 1% or more of ALC Cooperated with Police, blew 0.12 BAC. Diabetic--Had a low blood sugar at time of arrest. ...

    Nicholas’s Answer

    With a BAC reading of 0.12 it is possible to get the DWI charges reduced to the non-criminal violation of Driving While Ability Impaired. The DA's Office in Erie County has a general policy of allowing reductions on DWI's with a BAC reading of 0.13 or lower. That said, each case is unique and the ADA handling your file will look at all of the facts surrounding your case. The fact that you were cooperative with the Police and have no priors will certainly help. Which court is your case in?

    The DWAI (traffic violation) does have many of the same collateral consequences as the criminal DWI. For instance, you will not be allowed to travel to and from Canada with either a DWAI or a DWI, as Canada views both alcohol related offenses as a crime. As I practice Buffalo, this is often a concern with my clients, many of whom travel to and from Canada regularly.

    In terms of your license the DWI will carry a minimum six-month revocation, meaning that even after that period ends you will be without a driver's license until you complete the entire licensing process again. The DWAI carries a minimum 90-day suspension, meaning you can simply apply to reinstate your license after the period ends, without having to start over completely.

    These are just some issues that you will have to deal with. Either way, you should hire an attorney to represent you.

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