I refused the breathalyzer and didn't admit to drinking. I got the dwai 5 years ago. I was also given tickets for driving erratically
Because you refused and your case is in Wallkill, the DA will likely offer the DWI misdemeanor to cover all other tickets (but you will still have to deal with the refusal separately as a civil/administrative proceeding). If you accept the misdemeanor (or are otherwise convicted of it) you will be required to pay a fine between $500 and $1000, as well as a $400 mandatory state surcharge. You will also be required to install and maintain an ignition interlock device in any vehicle you own or operate. And you will have to complete the Victim Impact Panel ("VIP"). You will most likely also be required to enroll in and complete the Intoxicated Driver Program ("IDP", formerly called the DDP). However, since your last alcohol related offense was within 5 years (or you likely participated in the program within the last 5 years), completion of that program will NOT allow you to reapply for your full driving privileges and you will be required to serve your full suspension/revocation period. Additionally, again because of your participation in the IDP within the last 5 years, you will most likely not be eligible for a conditional license.
A finding of refusal will bring its own consequences, including an assessment of $750 and a 1 year revocation of your license (refer to the above comment about the possibility of not being able to reinstate your license early).
These are the likely MINIMUM consequences of a conviction. In light of your prior alcohol related conviction, and the fact that it is relatively recent, the DA may be recommending a period of probation, or possibly even incarceration, depending on the specifics of your case.
Either way, I strongly encourage you to contact an experienced and knowledgeable DWI defense attorney immediately.See question
If at trial an officer does not present a certificate of training for traffic enforcement and the issuance of seat belt tickets can all of his testimony be stricken?
The officer's testimony concerning his training as police officer, the circumstances surrounding the ticket, and your (or your attorney's) ability to effectively cross examine will dictate the officer's credibility, which is the only "certificate" he or she needs to issue the ticket and to testify in court.See question
He was arrested for violating an order of protection that I had against him and I was the one who made contact with him. what can I do on my part to help his case?
It doesn't matter which one of you initiated contact. If you have a full/stay away OP against him it's a violation for him to speak to you at all for any reason. So stop trying to contact him as long as the OP is in effect, for his sake. And I hope he's not calling or otherwise contacting you from jail. His communications while he's in jail are all monitored and every time he has any interaction with you can count as a separate offense. So you're not helping him.
I'll assume he's charged with a felony since you said he's awaiting indictment. In that case, the DA has 45 days to present his case to the grand jury. If not, his attorney can make a motion to have him released after the 45 days. However, if his attorney has consented to the delay, the 45 rule does not apply and he will remain incarcerated until he can post bail (unless he has multiple prior felony convictions, in which case bail cannot be set by the lower court).
I'm sure his attorney would appreciate the opportunity to speak to you since you are the victim/complainant in this case. I suggest you make an effort to speak to him or her, although there may be nothing you can do to help his case at this point.See question
I've been pulled over for driving without a License. Saying I ran a red light. I've been charged. Auo 2nd degree. I am also on 5yrs probation. With being release. On Feb 14 2017. I am not trying to do time. Please help me out.
A conviction for AUO2 results in a sentence of mandatory jail or probation. The violation of probation (if filed) won't make resolving the case without jail any easier. But you should speak with an experienced criminal defense attorney immediately. The VOP alone could quickly land you in jail while the case is even still pending. So the sooner you get an attorney involved the better off you'll be.See question
He has a drug problem
WILL he is not a question that can accurately be answered here. It is a possibility, but he needs to discuss the case (as it relates to the drug court and the new charges) with his attorney who should know more about the facts and any issues. If he does not already have an attorney, he or you should arrange for him to speak to an experienced criminal defense attorney immediately. This is very dangerous situation for your son. An alleged violation of the conditions of drug court is a problem in and of itself. An alleged violation because of the commission of 2 new felony offenses is that much more of a problem. Call an attorney or talk to his current attorney.See question
what is the best way to show pretext
Through a probable cause hearing. But as Mr. Rothstein has already stated, pretext is irrelevant so long as there was a reasonable suspicion/probable cause for the stop/arrest.See question
I am a 21 year old who was driving back from a bar with my friends. I was pulled over for going over the double yellow on a turn. The officer found out that I was drinking and gave me a field sobriety test plus a breathalyzer. The police officer s...
Since this is a DWI question rather than a speeding ticket issue, I will mark your post accordingly. And unfortunately, it is not possible to answer your question based on the information provided. You need to meet with a DWI attorney to review the facts and paperwork so they can provide you with a legitimate assessment of your case. Keep in mind that the Orange County District Attorney's office has very specific and rigid plea bargaining policies that may affect your ability to plead to a reduced offense. In many cases they will also not consider minor pro-defendant issues/problems in a case and will instead proceed to hearings and trial rather than offer a reduction, so preparation must begin immediately. I strongly encourage you to contact a local experienced DWI defense attorney as soon as possible.See question
Arrested for any thing. Club owner just wants 1,000.00 and thats it. My son is 23 years old and he works at a restaurant part time. He lives on his own with a roommate.
As already stated, depending on the actual dollar value of the damage, he could be charged with a misdemeanor or felony, obviously both of which are criminal in nature. You or your son should therefore immediately contact an experienced criminal defense attorney, who can handle any criminal charges if/when they are filed, and may also be able to resolve the matter with the business owner directly without the involvement of law enforcement. Your son should refrain from making any statements/admissions to the business owner or anyone else about the incident, which is all the more reason to contact an attorney as soon as possible so he or she can "do the talking" on behalf of your son. Also consider that criminal charges may still be filed even if informal restitution is paid to the business owner. Call an attorney.See question
If someone is trying to choke and murder you and you stab them in self defense in your own home, but have no evidence that it was self defense how long do you have to stay in jail in total? What are all the procedures you have to go through after ...
As previously stated by other attorneys here, "self-defense" is not a criminal charge for which you can be arrested/prosecuted/convicted, but is instead a defense to various actual criminal charges. A successful claim of self-defense would result in either reduced or dismissed criminal charges or an acquittal after trial. Depending on the specific facts of your case, it sounds as though you are or may be at least charged with Assault in the 2nd Degree, possibly 1st degree depending on the injuries to the "victim", or perhaps even attempted murder or murder. "How long you stay in jail" is an impossible question to answer unless we are discussing sentencing. Pre-trial/pre-conviction, your bail status will dictate how long you stay in jail. If bail was set and you cannot afford to post it, you will remain in jail until you are able to post bail, are convicted and transferred to a prison, or are acquitted and released. You may post bail at any time pre-conviction/acquittal and be released. If you are remanded without bail, you will remain incarcerated indefinitely pending resolution of the case. Scheduling, pre-trial litigation, investigation, discovery, and the specific court in which you are charged can all affect how quickly (or slowly) your case proceeds to trial or is otherwise resolved.
The status of your indictment or grand jury action (if charged with a felony) may also determine how long you remain incarcerated. If you have been incarcerated on a felony complaint for more than 45 days without any action by the grand jury (or without consent of your attorney or in the absence of an agreement to proceed by Superior Court Information), you are subject to release upon your application to the court. Your attorney should be able to explain whether and why such a possibility may or may not exist in your circumstance.
Hopefully you are represented by an experienced and knowledgeable criminal defense attorney. If not, speak with one immediately.See question
My friend received a DWI shy a year. Then got another one right before Christmas. These are my friends charges: VTL 1192 2-AA AGGRAVATED DWI:PER SE-1 PRIOR VTL 1198 7A USE OTHER VEH W/O INTERLOCK VTL 1211 0A UNSAFE BACKING OF VEHICLE VTL 0...
Based on the information you've provided, your friend is currently charged with three (3) E felonies - 119.2-a(a), 1192.3 and 511.3, a conviction for any one of which could subject her to a sentence for anything from a fine and conditional discharge up to a maximum sentence of 1-1/3 to 4 years in state prison, or anything in between. The Ignition Interlock Device violation is also a criminal offense (misdemeanor). If she has any previous DWI convictions other than these two within the previous 10 years, she could be facing significantly more severe penalties if charged with a D felony. The proximity of the offenses is problematic and she will need to seek the services of an alcohol and substance abuse counselor to at least complete an evaluation (she will need to do that during the prosecution anyway, so the sooner the better). An experienced and knowledge DWI defense attorney will be able to assist her in getting that taken care of, in addition to effectively defending her against these charges.
There could also be significant consequences to her ability to re-obtain her driving privileges. These are very serious charges that absolutely require the assistance of a skilled DWI defense attorney. Your friend needs to contact one immediately if she has not already done so.See question