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Prosecutor not presenting charges to grand jury

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Tigerchic, Sep 26, 2019.

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  1. Tigerchic

    Tigerchic Law Topic Starter New Member

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    Jurisdiction:
    New York
    I got pulled over in winter time with snow covering road for failure to keep right. Officer said I was in on coming lane which I wasn’t accused of felony dwi and auo felony. I refused to blow . I was not Intoxicated. But have a prior record of dwi
     
  2. Zigner

    Zigner Well-Known Member

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    You didn't ask a question, but based only on what you've said, the stop was appropriate and you need an attorney.

    This assumes that you are in the US.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Cool story. Do you have a question?

    Did you perhaps mean to say "was;" not "wasn't"?
     
  4. Zigner

    Zigner Well-Known Member

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    I've edited the OP's post above so it makes more sense.
     
    justblue likes this.
  5. justblue

    justblue Well-Known Member

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    Thx Zig...
     
  6. army judge

    army judge Super Moderator

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    If you've been pulled over while driving and a police officer requests that you take a breathalyzer test to determine your blood alcohol level, you are free to refuse.

    However, in New York state, that means your driver's license will automatically be suspended for six months plus a fine of up to $500 will be assessed.

    How can that be?

    The above predicament results from a premise under law known as "implied consent".

    New York's implied consent law states that any person who operates a motor vehicle in the state shall be deemed to have given consent to take a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the person's blood.

    NY lawyer discusses NY's "implied consent" law:

    What is Implied Consent in New York?

    NY lawyer on the consequences of refusing to "blow":

    DWI & DUI In New York: Should You “Blow” or Take a Breathalyzer if Arrested for Drunk Driving in New York

    At this point you should avoid posting to internet discussion sites, stop discussing this event with anyone BUT your attorney!

    You have the right NOT to incriminate yourself, as well as the right to remain silent.

    You should IMMEDIATELY fully avail yourself of those rights, in addition to the right to an attorney.

    If you are convicted of another DWI, your life will be turned inside-out.
    Your finances will be pilfered.
    Your ability to drive LEGALLY has (or soon will be) taken from you.
    Obtaining vehicle insurance will become extremely expensive, if NOT impossible.
    You MIGHT be required to install (if you are legally allowed to drive in the future) an expensive and inconvenient "interlock" device.
     
  7. Red Kayak

    Red Kayak Active Member

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    And you're complaining that the prosecutor isn't presenting some or all of these charges to the grand jury? Are you looking a gift horse in the mouth?

    Or is the question how you can get some of these tossed? Really, I don't want to be on the road with you - you lack poor judgement. You're driving around when you have no right to be (felony AUO), not because you forgot to renew you license when it expired - how do you know that you weren't failing to keep right? You had no business driving in the first place that day. Even if.

    What you do need to do is STOP DRIVING and talk to your lawyer, and only your lawyer.
     

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