i have a hardship license which allows me to drive to work and back but when i got pulled over i was not technically working for my job but coming back from another job interview which would provide me a better future
There are a lot of problems here. If you had a hardship license, it was w/in the 1st 30 days of your initial DWI. If it was after 30 days, it was a conditional license and driving from the job interview should not be an issue.. The re-arrest may make jail and/or probation more likely to wrap up both cases.
I would sugest detox and intensive outpatient treatment immediately. If you don't get a handle on the drinking, the job won't matter b/c you will be in jail for up to 1 year.
Joseph A. Lo Piccolo, Esq.
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)
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.
It really depends on the prosecutor, but I think, with an attorney at your side, s/he would be able to convince everyone that driving to a job interview is analogous to driving to a job interview. That said, they really shouldn't use the AUO 2nd against you in determining an offer on the DWI. I don't think you need intensive treatment if this was your first offense (must have been, at least in past ten years if you were charged with a misdemeanor). And I'm assuming that you were not drinking will operating during the AUO 2nd charge.....if you had been, you would have received an AUO first, and another DWI.
Firstly, you need to be careful about what you post on a public web site such as this as the information is not privileged or confidential, so statements like "I was not technically working for my job" can be used against you. Your attorney should try to work out a deal on the DWI case that will cover the new case by reducing the AUO charge to a VTL 509 traffic infraction and a fine.
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
The AUO, if it will be prosecuted, could very well be reduced to a non criminal violation of unlicensed operation. The DWI will require some more legwork. You should have an attorney assisting you with these matters. S/he would best be able to negotiate the most favorable disposition. Depending on the facts and circumstances, this may also include resolving these matters without any criminal convictions.
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