Dwi Wasnt Driving-- Car Not Running!

[mikell]

What is the name of your state (only U.S. law)? NY

I was riding home with a friend. Friend pulled over to pee...I took the keys out of igniton...lights still on...his drivers door open...I'm in passenger seat...cops pulls up behind us a few minutes later...friend walks over to cop car....I get out of car and walk to cop car to see who it is....cop gives friend a tkt for peeing in weeds....(exposure just to make it look worse) asks who's driving I for some reason say it is me...I take heel to toe test in sandals making it harder to do...finger to nose test that cop yells at me for because he never said to take finger off..trying to screw me up....take breathalyzer in field....it shows 06 ...cop yells and says blow harder ...07 blow harder yelling at me shaking the breathalyzer he says im arrested dwi....locks us to a wall for 4 hours asking if I want to take breathalyzer...im confused first time offender...no I want to talk to a lawyer first....locks us up in diff cells...bail in the morning.....

So I now will probally have a DWI and 1 year loss of license..because of chem test refusal...I just moved to VA for new job and was just about to get a license here....my friend will testify he was driving along with a witness....but I hear DMV is totally a different conviction and they dont care what the outcome of the trial is...only that I refused chem test....thats so unfair that they dont even consider anything when you dont blow at the cop station....Like I was suppose to read the fine print back when I was 16 about refusing a chem test = automatic loss of license....what bs.....I guarantee 80-90 percent of the public doesnt know this ...especially when you take a field test first.....

Not so concerned since I can probally get a reduction without a trial..with no job penalty..whats the since of fighting my innocence at trial if I can get the reduction....and save all the trial money...My main concern is keeping my license for my job....not sure a conditional will do it since I need to rent cars all around the world...But why is it a done deal with the Admin DMV Judge?? Why is there no chance at all?? Why even have a DMV Judge if there's not even any chance to win or get a reduction from 1 year to 6 months on your license suspension???? It makes no sense that you can win the court trial...and the DMV could care less...where's the justice????? And this possesion of the car even though its not running etc is a BS law too...Is a DWAI criminal?? misdameanor??? and I heard it can be a violation???? Can it be both a misdameanor and a violation??? Also, I'm a Federal Employee...Thanks, MIKEWhat is the name of your state (only U.S. law)?

[RatPackLar]

[url]http://www.1800duilaws.com/states/va.asp[/url]

Virginia DUI is a Class 1 misdemeanor. The maximum punishment for a first offense is a $2,500 fine, one year in jail, and the loss of one's driving privileges for one year. Additionally, all persons convicted of DUI are, by law, required to lose their driving privileges for one year (or three years for subsequent offenses). The Judge no longer has discretion over this punishment. However, he may order restricted driving privileges that would allow one to drive to and from work. All persons convicted of DUI must enter the Virginia Alcohol Safety Action Program (VASAP), a drunk driving program. This program costs $300. Of course, since every Judge is different, the punishments can vary dramatically

Virginia DUI lawyers are well aware that drunk driving arrests in their state trigger two prosecutions: a criminal case, where punishment for drinking and driving can include jail time, fines, loss of driving privileges, mandatory alcohol education classes, and more; however, a DUI arrest also triggers an immediate 7-day driver's license suspension. A DUI conviction in Virginia can also affect the driver's license of someone who lives in another state, because of the interstate driver's license compact.

You need to talk to a lawyer about this. Since you have an active NY license NY DMV can and will impose santions on your NY D/L based on thier rules and regulations. VA reports back to NY DMV and they take the administrative actions against you. This is done via the Interstate Compact and the NDR.

[url]http://www.greenspans-law.com/PracticeAreas/PenaltiesandFinesforDWI.asp[/url]

Out-of-State Convictions and New York Drivers

If you receive a conviction for an alcohol-related or drug-related driving violation in any state, your New York state driver's license is revoked for at least six months.

Only a lawyer in the know, can really advice you.

[mikell]

Thanks Rat, they did take my NYS license at the appearance....Will see Adm Judge Thurs in NY ....not sure why i'm going though....I hear it's 10 mins and you can't reduce the fact that you refused the chemical test from 1 year down to 6 months license loss or anything like that...it's not like real court....kind of kangeroo court??? Sucks because I'm really innocent but can't prove this to the DMV.....They are not going to believe anything I say...Guess it's take the plea, do the classes and suck up the possible conditional license which doesn't help anyways because I need to rent cars all over the world for work....

[RatPackLar]

I am no expert but I do know if you get Revoked in NY, that means you are revoked in all states due to the DL Compact and the NDR.

My understanding is if you get revoked, you cannot get a D/L in another state till the revocation period is over and NY, releases the hold on your D/L.

That may mean that NY or VA cannot even issue you a conditional license because NY revoked your D/L.

This DUI happened in VA correct and now you are back in NY to deal with the DMV correct?

From: [url]http://www.nydmv.state.ny.us/broch/c39.htm[/url]

If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment in court, and revoked for at least one year (18 months for a commercial driver) at a Department of Motor Vehicles hearing. If you are age 21 or over, and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for 18 months (permanent for a commercial driver).

Fromhttp://www.1800duilaws.com/states/ny.asp

New York DWI law is unique, in that it gives all motorists a qualified right to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. (It is "qualified" because those arrested have a right to call and obtain advice from a DWI lawyer, but the police do not have to wait for that lawyer to show up.) New York DWI lawyers know that taking late-night calls is simply part of the job description. It is critical to consult with a qualified New York DWI attorney before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.

You should talk to a NY DUI lawyer prior to the DMV hearing, they can advise you better, and some of those hearings have been won, by the defendant. Not easy but it has beeen done.