Legal Question in DUI Law in New York

New yorks Sate Prosecution

I'm in Amherst Town Court on a VTL- Felony Complaint, Aggressive Unliscense Operator in the 1st Degree. Also- Charged with a Misdemeanor DWI which is an element of the Felony Complaint. My question is, If the Misd. charge is dismissed, can the Felony complaint survive?

Also, What is the Speedy trial limit, 90 days or 180 Days?


Asked on 12/28/08, 7:13 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: New yorks Sate Prosecution

Yes, the frlony can survive without the misdemeanor, they're technically diffrent charges... 30.30 speedy trial will be 180 days on the felony, and not 180 calendar days but only those days designated as chargeable to the people..

If you need assistance visit our site at BYEDWI.COM or contact me at 877.2BYEDWI and selecting to speak to me, carlos gonzalez.

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Answered on 12/28/08, 7:26 pm


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