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Michael D. Litman

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Criminal Law: Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

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39 Questions Answered

Q. I was charged with dwi and refused to a chemical test and released on 180/80. Dmv hearing judge granted my driving: May 11, 2023; A: The criminal charges are separate from the DMV refusal case. You will still need to deal with the criminal case, but depending on how the DMV case goes, you might get some testimony at the DMV that helps in the criminal case. Did the DMV judge give you your license back due to the officer not appearing on the first hearing date, or because the judge found that there wasn't a refusal? You should speak to your attorney directly about what's happening. If you do not have an attorney, you need to hire one immediately to fight this case for you.

Q. If a person has ben charged and sentenced for felony dwi and put on probation the violates probation can they be charge: April 11, 2022; A: A person on probation cannot be charged again for the same DWI, because they already plead guilty. However, someone on probation can be charged with a violation of probation. A violation of probation, if proven, would subject the person to a sentence up to the maximum for the charge that they are on probation for. On an E felony, the max would be 1 1/3 to 4 years in prison. Speak to an attorney in your county about this. Good luck.

Q. First offense DWI. First offense, no accident 1192.2 and 1192.3 and 1128a. Returned Dl. What to expect in court?: September 20, 2021; A: A first offense DWI with no aggravating factors may be able to be reduced to a DWAI violation, but it will depend on the BAC. The Westchester DA's office is very specific about how they handle different BAC readings. You should hire an attorney, so that can try to get the paperwork from the court, and find out the specifics. My office is located in White Plains, and has represented hundreds of people charged with DWI around Westchester County. Michael Litman 917-554-8231

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