I got pulled over for going from a right lane to the left lane passing center lane without signal, was given the eye test and then asked to do the walk test, I asked officer 1 what would happen after that test and was told another test would be done, I asked what'd happen if I'd declined to do the walk test, I was told l'd be arrested, as I was talking to officer 1 officer 2 launched out of the patrol and cuffed my right hand from behind, I resisted to get my left hand cuffed and at the point officer 2 pushed me to the ground and I struggled facing down resisting being handcuffed while I was being kneed several times by officer 2, I asked to be let up so I can be handcuffed, but they didn't, I was taken to the precinct, photographed, the test result was .11, I was released and here are my charges:
1.Improper/unsafe turn w-o signal.
2.Moved from lane unsafely.
3.Driving w/.08 of 1% or more of alc (misd).
4.Dricing while intoxicated (misd).
5.Appereance ticket: obstruct govermntl admin-2nd.
6.Appereance ticket: Resisting arrest.
7.Appereance ticket: Harassment 2nd physical contact.
It seems that some of the charges are about the same issue, how could that be?
So technically speaking they’re not the same charge. It sounds like you were charged with vtl’s 1192.2 and 1192.3. Those are both technically DWI charges but they have different bases as to how the prosecutor must prove them. 1192.2 means that the prosecution must prove you were operating a motor vehicle with over a .08 blood alcohol level. 1192.3 means that they must prove you were operating a vehicle in an intoxicated manner. I know that sounds the same but it’s not. To prove 1192.3 they have to show you were exhibiting signs of intoxication - I.e. slurred words, alcohol on your breath, unsteady on your feet, etc. for 1192.2 they’ll just need the evidence of your blow.
As far as the resisting charge and the OGA charge this a similar distinction. There are different elements to each charge that they must prove.
As far as the outcome of the case, it’s tough to say without additional information, but generally speaking your worst outcome would be a period of incarceration (the worst being most likely a year consecutive among the charges). The best outcome would be if the prosecutor offered you an impaired (Vlt 1192.1) or a disorderly conduct with a fine. There’s a range of outcomes in between that are probably more likely though. The most important thing for you now is to retain an attorney or speak with your public defender.
This information is for general informational purposes only, and is not intended to create an attorney-client relationship. This information should not be taken as legal advice for any individual case or situation. Legal jurisdictions often differ on major and minor aspects of the law, and each legal situation is unique; requiring that all legal situations be addressed with competent legal counsel. My practice is based in New York, and the law of other jurisdictions may differ.
There are no duplicate charges. You are charged with different offenses all arising from the same incident/arrest. You need to speak with an experienced DWI defense attorney immediately. If it is your first offense you have a chance to resolve it with a non-criminal disposition. The additional misdemeanor obstructing and resisting charges may complicate the resolution process, however. An attorney will be able to explain the process to you and render a professional opinion after discussing the specific facts of your arrest.
The information provided in this response is for informational purposes only and does not constitute legal advice nor does it establish an attorney-client relationship/privilege. This is attorney advertising. Prior results do not guarantee a similar outcome.
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