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I have a Dwai on my record (nov2011) and recently was arrested (march 2013) for another dwi charge, would this become a felony?

Peekskill, NY |

I am curious what penalties I will be facing and if I would be eligible for a hardship license. Also, do you think it would be possible for me to represent myself in this case as I don't have the means to afford a lawyer. In addition I just received my degree in Public accounting and I am concerned that I won't be able to obtain CPA licensing in ny. This time around I had a BAC of .13 and was pulled over for speeding I had someone in the car that could have drove but they still arrested me. I am located in Westchester county and would appreciate if anyone could shed light on my situation. Thanks.

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Attorney answers 3

Best Answer
Posted

If your prior was an impaired then this is a misdemeanor not a felony. However, the prior will show up on your RAP sheet so the DA will consider it. I suggest you hire a very good criminal defense lawyer who knows how to handle a DWI case.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

Ok...it's a misdemeanor and not a felony. You cannot get a Cond License if you took the DDP.
You should not represent yourself as your degree did not include instruction on this kind of law.
Ask the court to appoint a lawyer if you can't afford one.
You can become a CPA, even with a misdemeanor which is the likely result of this case due to the prior.
Good Luck!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Thank you for your response what do you mean by DDP....what you are saying is that I cannot get permission to drive to and from work?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

If you were required to complete the NYS DMV Drunk Driver Program last time to get your conditional license, which is standard, then you can't get a conditional license this time. If you didn't have to do it then, you may be eligible. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Asker

Posted

I see... I didn't have to last time. I was thinking if I can get a statement from a liscenced drug /alcohol counselor prior to my first court date saying that I am not a danger to myself/others,am of sound moral character etc. may be helpful? As far as cour appointed lawyers go do I need to apply/sort that out prior to my first court date? Thank you again for answering my questions you are quite helpful.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

If you didn't last time, you may be able to get the conditional this time. When you get an attorney, speak to them about a counselor's letter. Contact the Legal Aid Society in Westchester about when you can get an attorney. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Asker

Posted

Thank you

Posted

The information provided by my colleagues is correct.

I would emphasize that this is a matter for an experienced defense attorney familiar with DWI. You face possible jail and Probation, revocation of your driver's license for a significant period of time, and fines and surcharges.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
1-800-DWI-TEAM

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