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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was charged with VTL 1192.3 03 UM in 1982. The charge was

Resolved Question:

I was charged with VTL 1192.3 03 UM in 1982. The charge was to reduced to VTL 1192.1 00 (I) with a fine and a conditional discharge of one year. I am now applying for a liquor license for a business and the application asks if "I ever been convicted of a felony, misdemeanor (including pleas of guility or suspended sentences) of any felony, misdeamor (including driving while intoxicated or impaired) or any other type of offense EXCEPT MINOR TRAFFIC INFRACTIONS?"

Should I aswer Yes or No?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Customer

Section 1192.1 of New York's Vehicle and Traffic Law is a violation, which makes it neither a misdemeanor or a felony. It is a traffic infraction.

S 1193. Sanctions. 1. Criminal penalties. (a) Driving while ability
impaired
. A violation of subdivision one of section eleven hundred
ninety-two of this article shall be a traffic infraction and shall be
punishable by a fine of not less than three hundred dollars nor more
than five hundred dollars or by imprisonment in a penitentiary or county
jail for not more than fifteen days, or by both such fine and
imprisonment.

On the other hand, this impaired will appear on your criminal history, and the application does ask you to disclose whether you've ever been convicted of an "impaired." So though it's a traffic infraction, it appears that NYS does not consider it a MINOR traffic infraction of the sort that you can ignore on a state license application. You should answer yes and indicate that it was an impaired and neither a misdemeanor nor a felony. If you don't disclose, since they can see it and asked for disclosure of impaireds specifically, they are likely to hold a present cover-up against you more than a 22 year old traffic violation.

Good luck.

___________

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15929
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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