i was on probation for my second dwi and violated but, before i was sentences the judge had comited to no more than a year in jail.will that stand?

UPDATED: May 25, 2009

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i was on probation for my second dwi and violated but, before i was sentences the judge had comited to no more than a year in jail.will that stand?

it is a felony dwi and rite now i have a warrent for my arrest. i was caught driving with out a vailld license. my p.o. set me up for the police to stop me . there was no reason besides the p.o. to stop me. is that legal for them to stop me.

Asked on May 25, 2009 under Criminal Law, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think that if you want to fight this, you're going to need the help of a very good lawyer.  One place to look for counsel is our website, http://attorneypages.com

In most states, the police don't need much at all to pull you over, legally, and ask to see your license, registration and proof of insurance.  If having tinted windows is illegal (and you'd probably be surprised to know how many states make it illegal, even if it's almost never enforced), that's enough, and so is a tail light that's out, and so is making a lane change without a turn signal.  And if your p.o. knows your license is suspended and knows or has reason to suspect that you're driving anyway, and tells the police, that's enough.  You have absolutely nothing on the p.o. for informing on you, it would probably be at least technically a reason for his or her boss to discipline her for not doing it.

I don't know whether or not the one year sentence for the DWI will still stand -- but you may well have to do additional jail time for driving while revoked for DWI, which is usually considered to be more serious than just driving without a valid license.

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