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Clarence Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Clarence Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Clarence Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • Serving Clarence, NY and Erie County, New York

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  • 10560 Main Street, Clarence, NY 14031-1621

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I get my DUI 2nd dropped down?

Richard B. Jacobson
Answered by attorney Richard B. Jacobson (Unclaimed Profile)
DUI/DWI lawyer at Richard B. Jacobson Associates, LLC
While DWI cases often seem skewed in favor of the prosecution, there is some chance that an assertive defense showing that too few Field Sobriety tests were completed, and that for physical reasons you could not perform one of them, might be helpful in challenge the grounds for the arrest. Some counties are tougher, some easier, on dropping DWI down to Reckless Driving, but it can be accomplished at least some of the time. Please keep in mind that if the cop has grounds to believe you were driving while impaired by alcohol, you can still be charged, even if the chemical tests are suppressed.
While DWI cases often seem skewed in favor of the prosecution, there is some chance that an assertive defense showing that too few Field Sobriety tests were completed, and that for physical reasons you could not perform one of them, might be helpful in challenge the grounds for the arrest. Some counties are tougher, some easier, on dropping DWI down to Reckless Driving, but it can be accomplished at least some of the time. Please keep in mind that if the cop has grounds to believe you were driving while impaired by alcohol, you can still be charged, even if the chemical tests are suppressed.
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Dwi and leaving the scene of an accident

Richard Francis Sweeney
Answered by attorney Richard Francis Sweeney (Unclaimed Profile)
DUI/DWI lawyer at Richard F. Sweeney, Attorney at Law
If you own a car, earn $400 per week or more or own a home, you do not qualify for a public defender. If the police let you go on an appearance ticket, the best thing you can do is show up for court. The judge will probably release you on your own recognizance. The judge will also take your license, so bring it to court and don't drive to court. Get a lawyer and he/she will negotiate the best deal for you. The answering of this question does not form an attorney-client relationship. 
If you own a car, earn $400 per week or more or own a home, you do not qualify for a public defender. If the police let you go on an appearance ticket, the best thing you can do is show up for court. The judge will probably release you on your own recognizance. The judge will also take your license, so bring it to court and don't drive to court. Get a lawyer and he/she will negotiate the best deal for you. The answering of this question does not form an attorney-client relationship. 
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Is there any statute of limitations for a DUI or can they wait 4 years to charge you with a DUI?

default-avatar
Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Usually, the D.A. has one to file charges in a criminal case. Once the charges are filed, the statute of limitations no longer runs. The fact that an arrest warrant was issued 7 months after the initial incident, means that criminal charges were either filed at the time the warrant was issued or sometime before that. You may have a speedy trial defense depending on many factors too numerous to go into here. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Usually, the D.A. has one to file charges in a criminal case. Once the charges are filed, the statute of limitations no longer runs. The fact that an arrest warrant was issued 7 months after the initial incident, means that criminal charges were either filed at the time the warrant was issued or sometime before that. You may have a speedy trial defense depending on many factors too numerous to go into here. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
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