Legal Question in DUI Law in New York

dwi class e felony

I had a dwi in 1997 and another one which was vacated due to misrepresentation. I am trying to avoid a felony charge due to my job. I need to be able to get my NYState insurance liscence. AFLAC does not accept relief letters.


Asked on 11/12/07, 12:56 pm

1 Answer from Attorneys
Howard Weiner Law Offices Of Howard Weiner

Re: dwi class e felony

Assuming the 1997 conviction was for D.W.I. (and not the lesser included offense of D.W.A.I.) and was within 10 years of the current arrest, you can be indicted for the class E felony of Driving While Intoxicated. The prosecutor does have discretion, however, to not indict you for the felony and charge you with the misdemeanor of D.W.I. without making reference to the prior conviction.

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Answered on 11/12/07, 1:51 pm


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