Legal Question in Criminal Law in New York

Re: Constitutional violations

It sounds like you're asking the wrong questions. I'm not sure what you mean by "procedural default," why this incident is such a default, or why that would mean dismissal.

You can always start lawsuit. The question is whether you'll win and if so, what you'll win. In my opinion, the "prompt suspension law" is unconstitutional. You should have had a Pringle Hearing (so said the Court of Appeals in the Pringle case). However, there is a strong chance a judge will disagree. And I don't see you winning any money in such a lawsuit. Maybe you'd get your license reinstated.

We handle DWI cases in Schoharie, Otsego and Delaware. Our fees start at $5000 up front. DWI cases are winnable.

Warren

Re: Constitutional violations

In answer to your questions (and based on the facts you have stated in your question), 1. Maybe; Yes. 2. No.

You state due process and right to counsel rights have been violated; that is only your assertion and would have to be proven in a motion and/or hearing.

You always retain the right to make a motion for dismissal. That doesn't mean you will win; you have to demonstrate you have grounds for dismissal.

A federal suit won't fly until you have had the case dismissed.

James S. Kats, Esq. [email protected]