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Todd J W Wisner
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Todd Wisner’s Answers

8 total

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

    ...of marujuana.I have now applied for a NY teaching license. I have already been told that my application is being investigated. Can anyone tell me what happens next, and if it is possible that my application will be approved?

    Todd’s Answer

    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.

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

    In he last 15 years I have had 3 relapses in my recovery from alcoholism Unfortunatly I tried to drive home and got dwis Now governer Cuomo has given nys motor vehicle the power to never restore my licence for life

    Todd’s Answer

    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 accumulated. Twenty points in twenty five years can also classify you as being a serious driving offender. If no fatalities, penal law violations, high point violations and less than twenty points in twenty five years you may be eligible in five years for a A2.

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

    Officer indicated that he witnessed me driving with the engine running and keys in the ignition, when in fact the officer was never on the scene and was not the arresting officer. The officer told the DA the he did not witness me driving at all an...

    Todd’s Answer

    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.

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

    A 21 year old friend of mine was riding in his vehicle as a passenger, with a friend driving. They had both been drinking. They were involved in a minor accident. My friend told the driver to run away before the police came, as the driver had rece...

    Todd’s Answer

    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.

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

    I was sentenced to a ddp class but when I went to the dmv they said they have nothing from court that says I have to do the ddp .

    Todd’s Answer

    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.

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

    If I suspended for a year will it start when I plead or when the dmv says so?

    Todd’s Answer

    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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  • Can I receive a Conditional License or any other form of license after conviction from a DWI-drugs?

    The arrest was after a prior of 4 years and 11 months ago for a Dwai, but the conviction was well over 5 years. - the dwi-drugs conviction was based off a blood-test refusal, which was dismissed at the DMV court. - the defendent need...

    Todd’s Answer

    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 based upon the new administrative suspension regulation regarding repeat offenders.

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

    I recently hired a lawyer to represent me in a traffic case. A few weeks later I received a letter from the lawyer saying he had accepted a plea bargain, and I should send payment to the court. However, the plea bargain was very high in my opinion...

    Todd’s Answer

    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.

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