Help on felony DWI charge

[nhhendu]

What is the name of your state? NY.

I was arrested for felony DWI in NY. I am consulting an attorney tomorrow, but I have some questions in the meantime. The felony charge is based on a prior DWI conviction in another state. I was convicted in NH in 2000 based on a .08 blood test result. I was living in NH at the time and licensed there. The legal limit in NH is .08, but the legal limit at the time in NY was .10.
The way I understand it, the NH conviction can only be considered by NY as a DWAI since I was BELOW NY's legal limit at the time. Can I use this argument to at least get the current charge down to a misdemeanor?

Also, I was out of the vehicle at the time and nearly inside my apartment building when the officer shouted to me. He said the reason for the stop was that I was speeding. Can I make the argument that I wasn't pulled over on the street, or is the officer going to counter that he observed me on the street?

Also, he conducted a field sobriety test in the parking lot and the straight-line walking test was a joke since it's a gravel lot and there was no line.

In addition, prior to the BAC test at the station, he told me he was placing me under arrest for DWAI.
I blew a .13. At that point, he never told me he was charging me with a felony. I only discovered it when I read the paperwork.
Also, nearly three hours elapsed while I overheard the officer was conferring with others, trying to get the ADA on the phone, etc., etc.
On several occasions, I asked what was going on, and the officer only replied, "there's a lot of paperwork. I'll be right with you."

Sorry so longwinded. I'm interested in advice on all the issues, but most importantly, the issue of the different legal limits at the time of the prior conviction.

 

[Son of Slam]

The District Attorney prosecutes these types of cases all day. He knows,and is willing to use against you, all of the fine legal points that are available to him. The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceeds a certain limit. That sounds pretty cut and dried, but it's not quite as simple as that. If challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which may prove you innocent, an attorney can make him give you that information also.
You were out of the vehicle at the time and nearly inside your apartment building when the officer shouted at you. He said the reason for the stop was that you were speeding. How could you have been speeding if you were drunk? Are you a trained stunt driver?
Field sobriety tests are only legal if performed on a white or yellow straight-line, well lit by the headlights of oncoming vehicles in order to simulate driving conditions. The line must be straight within 1/4 inch per 10 feet of travel, and flat within the same tolerances. All rocks, oil, water and trash must be removed prior to any testing.
The arresting officer is NEVER allowed to lie to you about your charges or allowed to conspire with anyone in the District Attorneys office against you. He must have your best interest in mind at all times and be truthful, respectful and courteous.

 

[nhhendu]

help on felony dwi

But, what about the issue of the differing BAC limits at the time of the first conviction? Any thoughts?

 

[I AM ALWAYS LIABLE]

My response:

First, you need to read the SOS disclaimer. If you can understand it, then you're not drunk. But, as to other comments - - pal, you need to go to prison. You're a drunk and have a serious problem. These were only two arrests, but the fact is, you drink and drive all the time.

IAAL

 

[Shay-Pari'e]

But, what about the issue of the differing BAC limits at the time of the first conviction? Any thoughts?

You were convicted driving in NH for a DWI. The limit is .08, you blew a .08.

You were arrested in NY, the legal limit is .10. You blew a .13.

What issue? Did you think you were in NY when you were drunk with the first one?

Did you think you were in NH with the second one?

 

[nhhendu]

You were arrested in NY, the legal limit is .10. You blew a .13. What issue? You were not driving in NH.

Let me clarify. They are charging me with a felony because of a conviction in NH in 2000 in which I blew a .08. Second-offense DWI is a felony in NY.
New York's limit is now .08, but it was .10 at the time of the New Hampshire conviction. You see what I'm getting at?

 

[Shay-Pari'e]

Let me clarify. They are charging me with a felony because of a conviction in NH in 2000 in which I blew a .08. Second-offense DWI is a felony in NY.
New York's limit is now .08, but it was .10 at the time of the New Hampshire conviction. You see what I'm getting at?

Not really. You should stop all mind altering drugs dude.

 

[Son of Slam]

Let me clarify. They are charging me with a felony because ...I blew a .08. ... You see what I'm getting at?

We do not care what you blew. For the next year you will blow a big Bubba.

You see what I'm getting at?

 

[Jaymz18947]

Nihilism at its best!

Son of Slam, why would you say such horrible things? Better yet, why are you even here if it is to ridicule and taunt people that are trying to find advice and maybe some form of consolation? Is your life so horrible that you need to view other people's problems to make you feel better? The whole "Blowing Bubba" statement was completely unappreciated and callous, not to mention disgusting. People belong in jail ONLY when they can't be out in the public because they pathologically hurt people... you fit the bill better than the poor guy who is WORRIED about his felony DUI! Geez, the pathology of inconsiderate people amazes me.... Anyway,
Take heed Mr. Felony-fear, I am in a similar situation. The states in question in my case are GA and PA. SAME SITUATION, but different in that my DUI in Georgia was classified as "to the extent it was less safe". What that means... I do not know. My lawyer says it is a form of DUI that can mean I was under OR over the legal limit. Anyway I cut it, the DA is going after 1 year incarceration. I too, am scared and worried. I guess all we can do is anticipate the worse, and hope for the best. MAKE SURE YOU GET A VERY GOOD LAWYER!!!!!-Jaymz

 

[I AM ALWAYS LIABLE]

Son of Slam, why would you say such horrible things? Better yet, why are you even here if it is to ridicule and taunt people that are trying to find advice and maybe some form of consolation? Is your life so horrible that you need to view other people's problems to make you feel better? The whole "Blowing Bubba" statement was completely unappreciated and callous, not to mention disgusting. People belong in jail ONLY when they can't be out in the public because they pathologically hurt people... you fit the bill better than the poor guy who is WORRIED about his felony DUI! Geez, the pathology of inconsiderate people amazes me.... Anyway,
Take heed Mr. Felony-fear, I am in a similar situation. The states in question in my case are GA and PA. SAME SITUATION, but different in that my DUI in Georgia was classified as "to the extent it was less safe". What that means... I do not know. My lawyer says it is a form of DUI that can mean I was under OR over the legal limit. Anyway I cut it, the DA is going after 1 year incarceration. I too, am scared and worried. I guess all we can do is anticipate the worse, and hope for the best. MAKE SURE YOU GET A VERY GOOD LAWYER!!!!!-Jaymz

My response:

Isn't it comforting to know that you and Jaymz are in the same boat? Misery sure does like company!

Let me know when your personal Titanic sinks. I don't think there will be any lifeboats available for you.

IAAL

 

[Son of Slam]

Son of Slam, why would you say such horrible things? ... People belong in jail ONLY when they can't be out in the public because they pathologically hurt people... !-Jaymz

In my eyes a drunk driver is a POS lowlife. Worse than a drug addict or wife beater, a POS drunk driver prays on innocent people that happen to be in the same space, not just those who choose to be around them. You have NO right to drive impaired on our roads and deserve every second you spend in jail or prison. You are a criminal, and look around, criminals get no help in this forum.