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Edward L. Fiandach
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Edward Fiandach’s Answers

9 total

  • What's a refusal hearing? I have one coming up, do i need lawyer?

    charged with dwi

    Edward’s Answer

    Yes, you should have an attorney. Under the new regulations (15 NYCRR Parts 132 - 136) a confirmed refusal to submit is an alcohol or drug related incident and will be given the same force and effect as a conviction when DMV conducts a review.

    Additionally, your attorney may be able to obtain helpful testimony in the form of cross-examination if he or she attends that hearing.

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  • In NYS what is an Article 78

    Had 3 DUI in 35 years,

    Edward’s Answer

    I see your problem. You are being denied licensing. It is a civil lawsuit filed against the Department of Motor Vehicles.

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  • I got a felony dwi in 2002 and it is now 2013. can i get a gun now or do i have to go thrue steps to do so?..., and if so how do

    i want to get a hunting license and a gun but not sure if i can.

    Edward’s Answer

    I doubt that there is a Judge in New York that will sign off on a gun permit given these circumstances.

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  • DUI suspension in NJ, moving to NY. How to get hardship license?

    I received a DUI in NJ in August and am about to have my license suspended in the coming week when I go to the hearing with my lawyer (who feels confident it will be a reduced penalty, but still a suspension). NJ has no provisions for conditional ...

    Edward’s Answer

    I don't believe that you will qualify for any form of conditional license. The DMV website is correct, there is no way to obtain a conditional license while you are suspended in NJ.

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  • I have 2 outstanding dwi/dui fines that have not been paid yet and are about 7 years old, what should my coarse of action be?

    also if i attempt to make pmt now, is it possible i would have jail time for not paying? also i wanted to add after all this time could there still be a warrant issued?

    Edward’s Answer

    Pay them.

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  • DWI refusal of chemical

    I got pulled over almost 3 years ago. Was texting and swerved . Officer made me blow at scene didn't tell Me what it was. He was harassing me and took me into precinct. He wanted me to take chemical blood test , I refused. I didn't know my righ...

    Edward’s Answer

    Well, without knowing the particulars as to how you performed on the Field Sobriety Tests, it is hard to say. My rule of thumb, though is that you always have a fighting chance with a refusal.

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  • If convicted of a DUI in NYC (0.11 in the Bronx) can I get that expunged over time and if not can I still get a DEA License?

    It happened in May

    Edward’s Answer

    New York does not recognize any form of expugment. What type of DEA license are you looking to obtain?

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  • NY 11941B Refusal To Take Breath Test, but took sobriety test and passed, no arrest.

    I got pulled over for not using turn signal from leaving a bar. I knew the office would smell the alcohol on me as I took my last sip and left. He was sitting next to the bar and pulled me over ask if I had anything to drink. I comply and said yes...

    Edward’s Answer

    OK, if I understand the situation correctly, you passed the physical field sobriety tests, were not charged with DWI but you were asked to submit to a hand-held so-called preliminary breath test. Oddly, the refusal to take this test is construed by the court's to be a violation, although there is an active back and forth as to whether it is or is not.

    The refusal you are alluding to in your account is a different refusal. It is a refusal to submit to an evidentiary test, which I do not believe, based upon you account, you were asked to do. Refusal to take that test carries a one year revocation as well as a $1,000.00 fine. It will also become an "alcohol related incident" under 15 NYCRR Part's 134 and 136 upon a later review.

    If you were not asked to submit to that test, your refusal will mist likely be treated as a traffic infraction with a fine.

    Ed Fiandach

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  • Probation Reduction is it possible ?

    I am currently on probation for a misdemeanor DWI in Nassau county, I stumbled across articles about probation reduction and was curious as to how that worked I have served 1 year ( as of November ) of a 3 year probation sentence. I understand th...

    Edward’s Answer

    My advice is that you have a heart to heart discussion with your probation officer. Getting a lawyer involved will do no good as, in my experience, the judge who placed you on probation will place almost 100% reliance upon the probation officer's assessment.

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