Archived
Is there a big chance he will be revoked because of the misdemeanor? And how should we go by getting him a court date set?
Carl's answer
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Answered on March 16, 2016
The answer here will be fact-dependent. Relevant facts will include his prior criminal history, the alleged charges, and his status with his...
If I change my plea to guilty and they enact a 3 or 6 month suspension how do they suspend something that's revoked?
Carl's answer
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Answered on March 16, 2016
Unfortunately, this is exactly the leverage that the legislature wanted to have when they adopted the DWI law. They wanted to encourage quick...
Archived
Can I use the length of time as a defense?
Carl's answer
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Answered on March 16, 2016
Attenuation of time could be a defense, depending on some other facts. You have to remember though, that as others have commented, there are two...
Archived
Can the state prove a drug dui without a dre on scene, without bad driving, but with a video of me acting crazy
Carl's answer
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Answered on March 16, 2016
It is the government's burden to prove the elements of the crime: 1) operation of the car and 2) that your intoxication impaired your ability to...
Archived
What is the mandatory minimum for none violent drug cases.
Carl's answer
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Answered on March 10, 2016
Many people hear news articles that talk about harsh mandatory minimums for non-violent offenses. Often, these news article are about federal...
Archived
Would I still be able to have my open container ticket expunged? What about my DUI in KY?
Carl's answer
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Answered on September 15, 2015
It depends on the state. Not every state 'expunges'. In NY, for example, there is no remedy of expungement. The best you can do is "sealing" the...
Can a confession that is given while drunk/intoxicated be used in court?
Carl's answer
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Answered on September 15, 2015
Intoxication affects the person's capacity to give a statement and the reliability of the statement. You have an issue to litigate. You should...
What is the statute of limitations on zoning matters?
Carl's answer
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Answered on April 27, 2015
AS with many municipal issues, these cases are largely fact dependent. It depends on what documentation there is, the content of the...
Archived
Lost Holdover case in court, today is the last day before my landlord can file eviction papers with the Suffolk County Sherif
Carl's answer
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Answered on February 28, 2015
Typically, the Sheriff needs time to schedule the eviction, so you still have some time. They are merciless, so when they come to your house, it...
Archived
Can a zoning variance somehow substitute for a zoning change?
Carl's answer
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Answered on February 28, 2015
An approved variance from a municipal ordinance makes the use or dimensions of the proposal conforming (unless there is a successful legal...
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