previous dwai
I had a dwai conviction over 7 years
ago in Colorado. I recently moved to
upstate New York. I ran out of gas,
but an officer stopped and noticed I
had been drinking . I had a 1.4 bac
with his portable testing unit. My
license in Colorado and New York had
been clean for the last 7 years.
What can I expect from all of this? I
was told an out of state dwai
conviction is like a traffic ticket in
New York. Also, it's the actual
conviction that matters, not the
original charges, right?
2 Answers from Attorneys
Re: previous dwai
I Loath giving actual legal advice via the internet and therefore will not go into detail other then to say that the fact pattern that you give may lend itself to a VERY possible defense to your current charge. The out of State conviction will be factored into any plea consideration but if it was an actual Impaired and not an Intoxication and it was in excess of 5 years ago (7 works), you should have options open re:plea.
BUT please contact an attorney in regard to the facts of your present case . . . it may be VERY worth it.
Re: previous dwai
Generally, if there is a previous DWI conviction within the past ten years there may be a serious problem in that the charge you would be facing could potentially be a felony, and erequire state time. However, being that this conviction was for DWAI, as opposed to DWI, and the fact that it was out of state will be very beneficial. You should be able to work out a reasonable plea agreement involving no time, depending on whether the facts descrobed are the only facts in question.
If you would like to further discuss this matter, or any further assistance please feel free to contact my office at 2127098303
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