Archived
I was issued a summons for violating the ABC law-65c. The officer never preserved the evidence. Is this a rosario violation?
Benjamin's answer
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Answered on August 08, 2012
It is not a Rosario violation at all (Rosario applies to statements). Additionally a police officer is not required to preserve the liquid to have...
Archived
What happens if I waver the DMV refusal hearing?
Benjamin's answer
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Answered on August 08, 2012
Are you sure there isn’t more to the story? What you say your attorney is advising doesn’t really make sense especially if you did in fact blow...
Should I ever admit to drinking to my probation officer?
Benjamin's answer
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Answered on August 08, 2012
It could technically be used against you but then again so could the failed test (unless you want to try and argue a malfunction). Like you were...
Archived
Can time spent incarcerated for a conviction, that was later overturned- still be used in determining repeat offender status?
Benjamin's answer
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Answered on August 08, 2012
While the 2000 conviction can’t be used against him, unfortunately for purposes second/predicate felony offender status the time spent in prison...
Archived
Failed ignition interlock. What should I say to my probation officer?
Benjamin's answer
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Answered on August 08, 2012
It’s not likely that she won’t know about it. You could be violated but it’s in the discretion of you probation officer. Better to come clean...
Archived
How can i get a record of NYC metro card activity to proove my innocence.
Benjamin's answer
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Answered on August 08, 2012
You can get a record of metrocard activity from the MTA but I doubt you'll get the video. Even if found guilty you will not have a criminal record.
Archived
My brothers ex girlfriend filed a false report that he threw her on the floor. There was a witness, how can he fight this
Benjamin's answer
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Answered on August 08, 2012
If he was charged with a criminal offense make certain he has a lawyer. There are two sides to every story and it will be up to the judge or jury...
Archived
How will this affect me and my DUI in NYC?
Benjamin's answer
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Answered on August 08, 2012
Yes it was stupid to give your ID if you weren't asked for it. What's the status of your DUI? If you were only cited with open container it...
Archived
I received a ticket for reckless driving doing 89 in a 70 mile zone in emporia virgina what do I do I live in ny.
Benjamin's answer
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Answered on August 08, 2012
You should check with an attorney in Virginia. NY will not add points for a conviction from Vriginia.
Archived
Car was impounded 7/27/12 due to passenger having narcotics.Both arrested. Its been two weeks how do i go aboutgetting itback.
Benjamin's answer
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Answered on August 08, 2012
Your father, as an innocent owner, should be able to get the car back unless the police are looking to forfeit it (I don't suspect they will). Have...
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