arrested for 2nd dwi

[Pastrykate]

What is the name of your state? NEW YORK

Hi, a few days ago i was arrested for dwi. This is my second one in the past 6 months. I leave for Florida in a week for an externship for 4 1/2 months. My court date is OCtober 23. Would a lawyer be able to post pone my court date until i get back from florida? And would going to rehab/aa would help at all with my conviction?

Thanks!!!

KAte

[Shay-Pari'e]

Originally Posted by Pastrykate

What is the name of your state? NEW YORK

Hi, a few days ago i was arrested for dwi. This is my second one in the past 6 months. I leave for Florida in a week for an externship for 4 1/2 months. My court date is OCtober 23. Would a lawyer be able to post pone my court date until i get back from florida? And would going to rehab/aa would help at all with my conviction?

Thanks!!!

KAte

Two DUI's in 6 months? You may want to kiss your job away also.

[HomeGuru]

Originally Posted by Pastrykate

What is the name of your state? NEW YORK

Hi, a few days ago i was arrested for dwi. This is my second one in the past 6 months. I leave for Florida in a week for an externship for 4 1/2 months. My court date is OCtober 23. Would a lawyer be able to post pone my court date until i get back from florida? And would going to rehab/aa would help at all with my conviction?

Thanks!!!

KAte

**A: right, you expect the court to wait for you for 4 1/2 months?

[Pastrykate]

Thanks for the support and comments. I go to school full time and dont have a job. I have heard it was be possible to post pone court for at least a few months if u have a good lawyer.

[HomeGuru]

Originally Posted by Pastrykate

Thanks for the support and comments. I go to school full time and dont have a job. I have heard it was be possible to post pone court for at least a few months if u have a good lawyer.

**A: you are correct but a few months is not over 4 months. And do you have a cool $5-10K lying around to hire u a good lawyer?

t

[Shay-Pari'e]

Originally Posted by Pastrykate

Thanks for the support and comments. I go to school full time and dont have a job. I have heard it was be possible to post pone court for at least a few months if u have a good lawyer.

Yes, and when you go for a job your background check will show what?

[BigMistakeFl]

I think your lawyer could petition the court to delay this, but the court does not have to comply. Lawyer may cost a couple thousand dollars or more depending.

As for AA / Rehab, I think this is a good idea. Not so much because "it would help with conviction" but because getting two DUI's in so short a time could mean drinking has control over you, not the other way around.

[BL]

You may or may NOT know that 2 DWI convictions within 10 years is a Felony .

In other words you are being charged with Felony DWI .

Get yourself a Good DWI defense Lawyer , and hopefully it will get dropped to a DUI and a Misdemeanor .

You will still be required to do Certain things , and IF the charge and conviction are reduced , you will be lucky to keep a Conditional License .

Who knows depending on the Circumstances , A good Attorney can get the Charge dropped on a Technicality .

If you are convicted Of Felony DWI , your License will be Suspended , you face Jail term plus Probation , and possibly Fines .

The Courts don't give that much thought about what you have to do , but may allow you 30 days to get your affairs in order , before producing yourself for your Jail term .

Don't play with this , and Yes getting an Evaluation , and following ALL recommendations may help you out .

[Fico5_98]

Unless they changed the laws recently, its 3 DUIs in 10 years that constitute a felony. I'm pretty sure all states have similar guidelines. I've known people to extend their court date up to 3 months due to mitigating circumstances (e.g. injury, out-of-state residence, etc.

[BL]

Originally Posted by Fico5_98

Unless they changed the laws recently, its 3 DUIs in 10 years that constitute a felony. I'm pretty sure all states have similar guidelines. I've known people to extend their court date up to 3 months due to mitigating circumstances (e.g. injury, out-of-state residence, etc.

Well the Laws in NY changed quite a Few years ago . Have you even bothered to look them up ?

As far as extending Court dates , the only reason I could see is a Family Emergency, Hospitalization , or conflict of Attorney's Schedule .

[Ugot_ThatRight]

[URL=http://www.mcacp.org/issue1.html]http://www.mcacp.org/issue1.html[/URL]

"Issue: Felony DWI conviction as a predicate felony offense

In New York State, the general rule is that a second felony conviction within 10 years results in the person being sentenced as a predicate felony offender. Penal Law 70.06(2). Does this rule apply to all felony convictions?

It depends on which felony you are talking about, the prior felony or the current one.

In discussing the current offense, Penal Law 70.06(1)(a) describes a felony as one "defined in this chapter," i.e., within the Penal Law. Thus a defendant whose current conviction is a non-Penal Law felony (e.g., felony DWI) cannot be sentenced as a second felony offender. People v. Morris, 86 AD2d 763, 448 NYS2d 82 (4th Dept 1982); Muldoon and Feuerstein, Handling a Criminal Case in New York, sec. 21:102 (West Group 1999-2000).

What about the prior felony conviction? Can a previous non-Penal Law felony conviction serve as the basis for a predicate felony sentence? Case law, and the statute, say yes. People v. Shannon, 89 NY2d 1000, 657 NYS2d 194 (1997).

Thus, two defendants whose criminal records are the same, but were obtained in different order, will be treated in a disparate fashion. A defendant whose first conviction in 1992 was for Grand Larceny 3rd and whose 1999 conviction is for Felony DWI will be sentenced as a first felony offender. But a defendant whose 1992 sentence was for Felony DWI and whose 1999 conviction is for Grand Larceny 3rd must be sentenced as a predicate felon. The anomalous result does not violate equal protection, according to several appellate decisions. See, e.g., Dillard v. LaVallee, 559 F2d 873 (2d Cir 1977).

ONE final note: If the current felony is for DWI, while not qualifying for predicate status, it may be used for persistency purposes. A defendant, for example, with three convictions for felony DWI (or other non-Penal Law felonies) may qualify for the discretionary status of persistent felony offender. See, Handling a Criminal Case in New York, sec. 21:111."

[BL]

Originally Posted by Ugot_ThatRight

[URL=http://www.mcacp.org/issue1.html]http://www.mcacp.org/issue1.html[/URL]

It may be covered it may not , I will tell you that the 2nd DWI conviction in 10 years IS a Felony Crime .

[Ugot_ThatRight]

DWI is a misdemeanor ( charges in New York State )
In addition to possible fines and jail, as well as the effect on one's drivers license, a second DWI charge within 10 years may result in it being prosecuted as a felony.

[BL]

Originally Posted by Ugot_ThatRight

DWI is a misdemeanor ( charges in New York State )
In addition to possible fines and jail, as well as the effect on one's drivers license, a second DWI charge within 10 years may result in it being prosecuted as a felony.

Yer the Boss .. I didn't say The 2nd conviction within 10 years is a Felony Crime Did I ?

Go ahead take My thread and turn it in to YOU know it all .

Come to NY get 2 DWI convictions , tell buba in the Jail house to leave you alone .

Are you man or women enough ??

Corse if you hapen along on Rehab , spect the *****s to hug up to you ..

[BigMistakeFl]

In Florida, number 2 DUI = felony