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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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38 Questions Answered

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

Q. Is Is leaving a well lightedd area and turning your headlights on halfway across the street grounds for a DUI rest: May 3, 2021; A: Operating without headlights on at night might be grounds to pull someone over, but that alone isn't the basis for an arrest. There would need to be evidence of impairment or intoxication to give an officer probable cause for arrest on a DUI charge.

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