Legal Question in DUI Law in New York

Dwai - maintaing record (crime/traffic violation)

In New york state, DWAI will lead to get an criminal record or just traffic violation?

In other words, DWAI - criminal record or traffic viloation?


Asked on 12/20/07, 9:25 am

2 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: Dwai - maintaing record (crime/traffic violation)

It appears on your criminal record as well as on your driving record. You may contact my office for a free phone consultation.

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Answered on 12/20/07, 12:02 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Dwai - maintaing record (crime/traffic violation)

Absolutely not. A first-time NY DWAI conviction in New York is deemed a "violation," not a "crime." Therefore, you will not have a criminal record (if that was the only charge).

Will there be a record of the proceeding? Yes. A record is kept of every court proceeding. In addition, anytime a person is arrested and fingerprinted in NYS a record is generated and kept by the NY State Division of Criminal Justice Services (DCJS). It's commonly referred to as the "rap sheet."

The foregoing is for information purposes only and is not legal advice. By reading this information, no attorney/client relationship is established.

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Answered on 12/20/07, 4:50 pm


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