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I need NY DWI ADVICE ASAP PLEASE!!!!

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Latest post Wed, Jul 13 2016 11:24 AM by James Forslund. 5 replies.
  • Sat, Jun 11 2016 5:00 AM

    I need NY DWI ADVICE ASAP PLEASE!!!!

    Hello,

    I am facing my 3rd alcohol offense. 2 prior DWAI's and just got a thrid DWI...please dont judge....

    While this is in litigation, because I blew such a low BAC(.08) the judge is allowing me to keep my full license.

    Because I am facing 5yr revokation, is there anything I can do now, while I still have my full license to protect it?

    In other words, Can I move to another state, while this DWI is pending, establish residency there and get a license?

    Im in an utter panic and dont know what to do. Like so many of you, I screwed up and I accept that. I have not drank since and never will again, but should I lose my license, it will be devastating, just as it is for the hundreds who have fallen prey to the horrible Cuomo regulations!!!

     

     

  • Sat, Jun 11 2016 7:45 AM In reply to

    Re: I need NY DWI ADVICE ASAP PLEASE!!!!

    If you are convicted, the license is gone for 5 years.  Moving to another state won't change a thing.  Your privilege will be revoked in all sister states.  Consult local counsel. 

  • Sat, Jun 11 2016 12:41 PM In reply to

    Re: I need NY DWI ADVICE ASAP PLEASE!!!!

    screwedmylifeupdwix3:
    just as it is for the hundreds who have fallen prey to the horrible Cuomo regulations!!!

    I don't agree with a lot of Cuomo's policies but, if he's beating the living crap out of habitual drunk drivers, he's got my vote.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Jun 11 2016 6:40 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: I need NY DWI ADVICE ASAP PLEASE!!!!

    Ask your attorney...

    Moving to another state likely will not help.  Almost every state (all now?) are joined together in reporting most suspensions/revocations, so if NY reports this nationally, whatever state you move to will then take action against the license you obtained in that state.  (Additionally, if this is a felony charge, you are possibly prohibited from leaving the state as a condition of your bail.)

    I'm not in NY.  Diversionary courts are all the rage in many parts of the country.  In my state, if you were admitted to a diversionary court you would be eligible for a restricted license after 45 days of suspension.  Diversionary courts are generally a huge pain in the ass - harder than "regular" probation - but they help many people who want to actually change their ways.

    Devastating is a woman losing both her husband and infant in a car accident with a drunk driver going the wrong way on a highway.  THOUSANDS of people have survived license suspensions longer than five years.

    0.08 is "low" only in reference to people who are legally drunk behind the wheel.  0.01 is actually "low."

    You have a drinking problem.  Get into treatment.  Get to AA.  Ask your attorney how to protect your ability to drive.  Do not be surprised if he says the only way to do that is to go to trial and beat this.  I read somewhere that 95% of DUIs are slam dunks for prosecutors.  1. Was the person driving?  2. Was the blow 0.08 or higher?  3. Did the officer somehow manage to screw up the blow that has been made incredibly easy to complete since the state has had 50 years to refine DUI prosecutions?

  • Wed, Jul 6 2016 6:42 AM In reply to

    Re: I need NY DWI ADVICE ASAP PLEASE!!!!

    deleted

    Don't Judge me by my past-  I don't live there anymore!

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