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Answered 29 days ago.
Yes, the officer must have probable cause to believe that a traffic violation was committed to make the initial stop of the vehicle but he is not required to issue a citation for the traffic offense he observed. He may simply write the ticket for DWI and put the reasons he stopped your son's vehicle in his supporting deposition for the DWI charge. You are correct, most officers write tickets for the underlying traffic violation(s) (e.g., crossing the double yellow line, speeding, tail light...
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Answered 2 days ago.
Yes I agree, you need an attorney and may be able to get the charges dismissed depending on the amount of time elapsed and what their proof of operation of the vehicle is. Do they have a civilian witness or is the trooper claiming he saw you operating the vehicle. The trooper is probably relying on incriminating statements you made to prove their case which is not enough legal evidence to convict you even if the statements are not suppressed.
5 lawyers agreed with this answer
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Answered 29 days ago.
Not likely. Your attorney will try to get a non-criminal disposition and sealing,
5 lawyers agreed with this answer
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Answered 29 days ago.
Hi, Since you are in High School, you are probably under 19, which means you are a mandatory Youthful Offender and the case will be sealed if this is your first conviction. It is mandatory YO because it is a misdemeanor so neither the judge nor ADA can require a normal conviction. So you could plead guilty and make sure the case is adjudicated as a youthful offender case and sealed. A better option is to ask for an Adjournment in Contemplation of Dismissal with the StopLift program. If the...
4 lawyers agreed with this answer
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Answered 29 days ago.
A conviction that is alcohol-related or is for driving while impaired by drugs (DWI or DWAI) remains on a driver record for exactly 10 years. If a driver is convicted of the same violation during that 10 years, the driver can receive additional penalties. For example, a second DWI within those ten years may be charged as a felony. The NY DMV has a FAQ page on DWI's here: http://www.dmv.ny.gov/alcohol-drug.htm For driving abstracts here: http://www.dmv.ny.gov/abstract.htm#WHAT...
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Answered over 1 year ago.
2 attorney answers
If you obtain your lawful permanent resident status (LPRS or "green card") through a fraudulent marriage it is a federal crime punishable by five years in prison and large fines with a five year statute of limitations. If you get away with getting your LPRS then obtain your US citizenship based on that fraudulent marriage it is also a federal crime punishable by five years and huge fines; the statute of limitations for that second crime is ten years. If convicted, you would lose your US...
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Answered about 20 hours ago.
How much is your job and teaching license worth? Get real and find a good lawyer who has experience with DOE or OPD licensing issues and protecting your right to a licensing hearing. Lawyers are not trying to scare you or rip you off. You get what you pay for.
2 lawyers agreed with this answer
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Answered 29 days ago.
First of all, do not make admissions related to your case on the internet. You have provided enough facts here and a location for the local prosecutor to use this against you. If they wanted to go to the trouble of tracing the IP address to your computer they might be able to use this post against you. If you can delete this post I would do so immediately. The vehicle can be kept as an instrumentality used during the commission of a crime or as evidence until the case is over. It can also...
2 lawyers agreed with this answer
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Answered 29 days ago.
The only speed that matters is the speed in zone charged. 15mph over the limit is 4 points on your license. Most courts now have a special prosecutor who you may negotiate with when you go to court to get the charge reduced. Plead not guilty, send in the ticket to the court and wait for the court to give you a court date. If the officer did not provide a supporting deposition and you question his observations, check the box to request a supporting deposition. The officer then has 30 days...
2 lawyers agreed with this answer
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Answered over 1 year ago.
2 attorney answers
I think you have been watching too many movies. Whatever you may think of lawyers, an attorney is an officer of the court who must conduct himself ethically at all times. He is not supposed to lie about or exaggerate his client's claims. Lawyers who do not follow the ethics rules are generally not very successful, get into trouble with their adversaries and may be disciplined by the Appellate Division. If you have a real case or controversy, a lawyer may address the legal issues involved in a...
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