Asked 3 months ago - Brooklyn, NYFlag
Judge told me it was not going to be a criminal charge and that it was a traffic infraction and I paid the fine. So is my criminal record clean? how about my driving history? how do I clean that?
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I assume this was reduced to a DWAI. If so, the court where you were charged and pled guilty will have a record of this. You can get one (for a nominal fee). It is called a Certificate of Disposition. Take that to DMV and get a copy of your Driver's Abstract (also costs a few dollars). It is possible the court reported your conviction incorrectly. it is also possible that DMV recorded incorrectly.
In any event, speak to your attorney, and ask him or her to assist you in straightening this out. Please believe me, this is not uncommon. Also your attorney may ask you for a fee to perform this service on your behalf. It is not part of what he or she was retained to do for you, and you have a good result thanks to your attorney. So pay them what they ask and follow their advice.
Christopher I. Simser, Sr.
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
Your fact pattern is a bit unclear. From what what you have written, it appears that you were charged two years ago with a misdemeanor charge of driving while intoxicated (DWI) (we don't use the term DUI in NY) and had an attorney obtain a plea offer which you accepted to a reduced charge of Driving While Ability Impaired (DWAI) which is a traffic infraction and not a crime.
If this is what occurred, then, assuming that you have no prior criminal record, you can truthfully answer "NO" when asked if you have been convicted of a crime. However, your conviction for DWAI even though it is not a crime, will always stay on your driving record and will not be removed. If you are arrested at some future date no matter how many years in the future, this conviction will appear and will be known to the prosecutor.
Please make sure that you have paid the Driver Responsibility Assessment of $250 per year for each of the three years following your conviction for DWAI. If not, you will find that your license has been suspended and you can be arrested and charged with a crime
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