2nd DWI- Conseqeunce Question

[FordRacing200]

Hello all,

My friends father was stopped last night for DWI, he was stopped awhile ago for the same thing (i believe it was over 12 months ago if that matters) and he had his liscense suspended for 6 months, We were wondering what the penalty/fines/charges will be this time? TIA

-Doug

 

[RidnRodsLightng]

Jail i hope!

 

[Lawfficer]

Not Good. I don't know New York law, but I would suspect that is license is going to be gone for 3 yrs(Suspend/Revoke) and he may get locked up.

And if getting one OWI did not open his eyes enough to stop him from getting ANY more, let alone another within a year.... He needs to seriously consider an alcohol assessment.

 

[FordSVTFan]

Second offense within 10 years in NYS is an E Felony!!! A fine of between $1000 and $5000. Maximum Jail time is 4 years. Loss of License for at LEAST one year!

I would suggest A.A.

 

[FordRacing200]

Thanks Officer's, much appreciated.

 

[Mr.B]

Hello all,

My friends father was stopped last night for DWI, he was stopped awhile ago for the same thing (i believe it was over 12 months ago if that matters) and he had his liscense suspended for 6 months, We were wondering what the penalty/fines/charges will be this time? TIA

-Doug

at least he didn't kill anybody.........yet

*edited by moderator* This isnt smackdown.

 

[FordRacing200]

at least he didn't kill anybody.........yet

*edited by moderator* This isnt smackdown.

I don't want your input, it isn't your problem is it? I am not responsible for his actions, and he doesn't look at this thread, so if you want to rant do it somewheres else!

 

[FordRacing200]

Now... I just learned that the first time he refused to cooperate and he got over 5k dollars in fines and fee's and 6 months without a liscense when all was said and done, but this time he did cooperate and was respectful (smart on his part) anyways what I'm getting to is, he met with his lawyer the other day and his lawyer said that he can't get anything more then 6 months without a liscense for this offense because it is only his 2nd, and he can only get jail time if he does it 3 times in 10 years, and thats also the only way it is a felony, what is your take on this?

Again, much appreciated

-Doug

 

[FordSVTFan]

This is right from the NY DMV website

http://www.nydmv.state.ny.us/dmvfaqs.htm#dwi

Second offense within 10 years in NYS is an E Felony!!! A fine of between $1000 and $5000. Maximum Jail time is 4 years. Loss of License for at LEAST one year

What his lawyer is quoting him is for a first DUI offense. Maybe his lawyer is going to argue since he didnt cooperate the first time, they didnt actually convict him of DUI. That he actually got the sentence for refusal to submit and they pulled his license for 6 months for the refusal and associated fines but he doesnt actually have a 1st DUI conviction.

Remember the judge will see the first refusal and will probably treat it as a DUI anyway. So he can revoke his license for as long as he sees fit.

 

[FordRacing200]

Oohh, thanks alot!!! I appreciate the help!

 

[Trooper4985]

Hello all,

My friends father was stopped last night for DWI, he was stopped awhile ago for the same thing (i believe it was over 12 months ago if that matters) and he had his liscense suspended for 6 months, We were wondering what the penalty/fines/charges will be this time? TIA

-Doug

What charge was on his ticket? Just misdemeanor DWI or felony DWI? There is a checkbox that tells what level the charge is (V)iolation, (M)isdemeanor, or the third box which is blank except on the officer copy which signifies a felony charge. If it was an E-ticket... there is a box that say felony.

If it was only DWI-first offense (Misdemeanor)... he should plea NG, ask to talk to the DA and ask for mercy. Lawyers cost money say the same questions the defendant can say. If he got tagged with a felony... a lawyer might not be a bad idea simply because the judge can (and should) lock him away with bubba for a few months because just fines and losing his license didn't get the point across the first time.

 

[FordRacing200]

What charge was on his ticket? Just misdemeanor DWI or felony DWI? There is a checkbox that tells what level the charge is (V)iolation, (M)isdemeanor, or the third box which is blank except on the officer copy which signifies a felony charge. If it was an E-ticket... there is a box that say felony.

If it was only DWI-first offense (Misdemeanor)... he should plea NG, ask to talk to the DA and ask for mercy. Lawyers cost money say the same questions the defendant can say. If he got tagged with a felony... a lawyer might not be a bad idea simply because the judge can (and should) lock him away with bubba for a few months because just fines and losing his license didn't get the point across the first time.

I will find out about the Violation or MisDemeanor thing, even though I don't want him to go to jail, he does need to be taught a lesson as you stated...

 

[booricua]

he is done

 

[joda64]

was he given a breathalizer test (usually done on scene) or was he taken in and given a bac test

 

[FordSVTFan]

was he given a breathalizer test (usually done on scene) or was he taken in and given a bac test

Breathalizer tests are not usually done on the scene. FST is done on the scene and then the arrest is effected and the person is tested at the station.

 

[FordRacing200]

he refused a breathalizer test (part of the lack of co-operation i was talking about)

 

[laxx232mb]

as bad as this is my dad got his 3rd about 2yrs ago in PA he had about 2000 in fines license suspention for a year and a breathalizer in his car for another 2 yrs

It ****ing sucks
:shrug:

 

[Trooper4985]

was he given a breathalizer test (usually done on scene) or was he taken in and given a bac test

If you're refering to a Preliminary Breath Screening Test... that little box simply tells us that there is alcohol in your system... most PBT's are not a calibrated evidentiary instrument hence you must come back to the barracks with me and blow into the Draeger to get an accurate reading of your BAC. The NYSP uses the Draeger 7110 MKIII, almost every other agency I have worked around in the 4 other barracks I've been assigned to use the Datamaster CDM.

BTW... for everyone out there who 'only has a couple' and drives home... it is completely retarded to refuse the test. You show a lack of co-operation and DA's tend to stick it to you whereas if you blow... they are much more willing to reduce the charge and ask for lower sentences.

as bad as this is my dad got his 3rd about 2yrs ago in PA he had about 2000 in fines license suspention for a year and a breathalizer in his car for another 2 yrs

It ****ing sucks
:shrug:

Nice to know that the criminal system is jacked in other states too.... I thought only NY didn't care about drunk drivers. I have arrested a couple of people for their 4th or 5th DWI in the past decade and they are still out, free to kill your family.

 

[joda64]

Breathalizer tests are not usually done on the scene. FST is done on the scene and then the arrest is effected and the person is tested at the station.

not to sure what state you are from or what state your referring to but i know in the state of NY AND WITHIN THE CITY OF NY breathalizer tests are given on the scene

 

[FordSVTFan]

not to sure what state you are from or what state your referring to but i know in the state of NY AND WITHIN THE CITY OF NY breathalizer tests are given on the scene

That is NOT a breathalizer, that handheld device is a Preliminary Breath Screening Test, which is not calibrated. Police cruisers do NOT have a Draeger or Datamaster in them. They are certified and calibrated and kept at the barracks/p.d.

I dont know where you get your info. But Trooper4985 confirmed that isnt the case for the State of NY. I just called my cousins, one is an NYPD SGT and the other a LT. with/ESU. They told me most of them dont even have a Preliminary Breath Screening Device in their patrol units.