Todd J W Wisner’s Answers

Todd J W Wisner

Rochester DUI / DWI Attorney.

Contributor Level 3
  1. Can I receive a Conditional License or any other form of license after conviction from a DWI-drugs?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Michael Evan Greenspan
    3. Jonathan Brian Manley
    4. Christopher Irvin Simser
    5. Todd J W Wisner
    6. ···
    6 lawyer answers

    You are not eligible for a conditional license. It is not clear that you mean by the prior being 4 years and 11 months but the conviction well over 5 years. I suspect what you mean is the arrest was well over five years and the sentence was four years and eleven months. Either way the conditional license period runs from the date of completion of the DDP program to arrest of the new offense. If that period of time is less than five years then you are ineligible. You may also be ineligible...

    4 lawyers agreed with this answer

  2. Eight years ago (I was 20), I pled guilty to driving while intoxicated and received a "nolle prosequi" on a charge of possession

    Answered over 1 year ago.

    1. Christopher Irvin Simser
    2. Howard A. Schwartz
    3. Marco Caviglia
    4. Todd J W Wisner
    5. Jasen Bodie Nielsen
    5 lawyer answers

    The difference between a conviction to a violation and a unclassified misdemeanor can greatly determine what happens next. What you need is a certificate of final disposition from the court so you can ascertain the charges and the conviction. Take that to a lawyer.

    3 lawyers agreed with this answer

  3. How does a sober recovering alcoholic with 3 dwi convictions in 25 years get thier licence back in NYS

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Christopher Irvin Simser
    3. Todd J W Wisner
    4. Marco Caviglia
    4 lawyer answers

    The short answer is you will not be driving for at least five years and maybe for life. A driving abstract from DMV will not aid you in your quest. What you need is a lifetime driving abstract obtained through a freedom of information law request. This will give you a starting point to ascertain not only the conviction dates but also the points on your license in the preceding twenty five years. Assuming there were no accidents in your prior offenses the next thing is to ascertain points...

    3 lawyers agreed with this answer

  4. Police officer falsely signs bill of particulars in dwi case and is not the arresting officer, and refuses to testify at a trial

    Answered over 1 year ago.

    1. Richard Caro Roxin
    2. Jonathan Brian Manley
    3. Marco Caviglia
    4. Michael J Palumbo
    5. Eric Edward Rothstein
    6. ···
    8 lawyer answers

    It sounds as though you went to trial, the officer did not testify and you were convicted. The best time to address this issue was with your lawyer prior to trial. He/she should have subpoenaed the officer and cross examined him/her. It would have been obvious from a thorough cross examination whether the officer was or was not there. He would not have recalled the details if he was not present. It is much harder to get the verdict overturned on appeal.

    3 lawyers agreed with this answer

  5. If convicted of dwi, how long will it remain on your record?

    Answered over 1 year ago.

    1. Christopher Irvin Simser
    2. Jonathan Brian Manley
    3. Marco Caviglia
    4. Ernest DuBose
    5. Michael J Palumbo
    6. ···
    9 lawyer answers

    A DWI is a unclassified misdemeanor which will remain on your penal law record for life. There is no way to vacate the conviction. The average cost for counsel to varies. Some lawyers take a partial fee to try to settle a case. Other lawyers charge to handle the case through trial. The answer will depend on whether the district attorney's office has a police against plea reductions.

    3 lawyers agreed with this answer

  6. Can a lawyer accept a plea bargain without asking me if I want to accept it first?

    Answered over 1 year ago.

    1. Taylor A. Koss
    2. Marco Caviglia
    3. Eric Edward Rothstein
    4. Jonathan Brian Manley
    5. Stephen C. Cooper
    6. ···
    8 lawyer answers

    Your lawyer made a determination that the plea offer was reasonable without first consulting with you. He may be right if on the merits you will lose at trial given the facts of the case, the prosecutor and the judge. He may be wrong in that there may be circumstances under which the court might be more lenient. Traffic cases can be tough because the burden is not high in a administrative law case. Either way you should have been consulted.

    1 lawyer agreed with this answer

  7. How long until the dmv let's me enroll in the Ddp?

    Answered over 1 year ago.

    1. Christopher Irvin Simser
    2. Jonathan Brian Manley
    3. Michael J Palumbo
    4. Scott Glen Cerbin
    5. Todd J W Wisner
    5 lawyer answers

    What the DMV is telling you is that there is nothing in their system from the court directing you to attend the DDP program. It is possible that the DDP program was not ordered by the court. If this is the case you will not have to do the program. However, most clients are seeking a conditional license post conviction and you must sign up for the DDP program to be eligible for a post conviction conditional at the expiration of a twenty day stay.

  8. When does the license suspension start?does it start on the day sentenced or when I plead guilty?

    Answered over 1 year ago.

    1. Jonathan Brian Manley
    2. Eric Edward Rothstein
    3. Christopher Irvin Simser
    4. Joseph A Lo Piccolo
    5. Michael J Palumbo
    6. ···
    7 lawyer answers

    License suspension does not occur on the date of plea unless you are sentenced the same day. Sometimes there is a plea and sentence. If the court must adjourn the case for sentence then your suspension will occur on that date.

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