How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26918
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

" Inquiring about penalties for DWI while driving a motorcycle?

Resolved Question:

" Inquiring about penalties for DWI while driving a motorcycle? Person is age 20, 3rd year student upstate New York , resident of New Jersey, 1st time offence. incident occurred last week, also received summons for speeding ( 60 in a 45) , driving without helmet , driving with 0.08% alcohol " .
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : A DWI first offense is a misdemeanor and can include a fine of $500 to $1,000, up to one year in jail, up to three years of probation, a yearly $250 driver responsibility assessment fee for three years, and mandatory attendance at a victim-impact panel.
Kirk Adams : Thus, this is a serious issue.
Customer:

Does this required a lawyer, will a PD suffice or is the a specifice type of lawyer required?

Kirk Adams : Because the person is under 21 and since there's a 0 tolerance for minors, at the very least, the person will have his license suspended for six months and pay a civil penalty of $125. Also, the person must pay an additional $100 fee in order to have your license reinstated.
Kirk Adams : A public defender would be ok, but if the person can afford an attorney, it's likely better to hire a private lawyer as he/she can spend more time on the case and can try to cut a deal with the prosecutor and maybe have the charge diverted (pre-trial diversion) to try and keep it off of the person's record.
Kirk Adams : Also, a private attorney may be able to review the citation and procedure used and find some error committed by the officer that would give the person grounds to object to the citation and have the offense/violation thrown out.
Customer:

Yes, your last response sounds good, but I think unfortunately there were no errors. You only answer questions or can you recommend. Student is in college in Rochester, NY but is from New Jersey and is not familiar with any lawyers in that area. Also, you gave me the "at least" response. What about what could be the severe out come. Is that the jail time?

Kirk Adams : There are many, many details that can create grounds to throw out the ticket, such as the officer not signing the ticket, or the court date, address of the courthouse, etc. not being on the ticket, or that the didn't have probable cause to stop the person, if a breath test was taken, the calibration of the machine could be challenged, the officer may have performed the test wrong, may not have changed out the mouthpieces, etc. There are SO MANY possible ways to be a DUI, so it's usually worth having a private lawyer look into it.
Kirk Adams : The very least is likely the most the person would be looking at for a first offense. Jail time is possible, but VERY UNLIKELY - I've never seen a judge put someone in jail for a first offense DWI.
Customer:

OK. The biggest thing is to avoid something going on his record. This would effect school and possibly financial aid. Do you or your office recommend lawyers?

Kirk Adams : We can't make a direct referral (it's against the terms of service), but I can refer you to www.martindale.com.
Customer:

OK. thanks much. One side question. How do I avoid being charged for this service next month? I only want to pay for this service.

Kirk Adams : When you go to the site, click on "Find a Lawyer or Law Firm" and then enter your relevant information - location and criminal/DUI attorney.
Kirk Adams : This will provide you with a list of local attorneys that are qualified to help him out with this.
Customer:

Did you see my last response?

Customer:

I think I'm done. My question is concerning the fee. I only want this to be a one time thing and not a monthly fee. Do you know how I can avoid future fees?

Kirk Adams : Sorry for the delay.
Kirk Adams : I had to take a phone call.
Customer:

OK. I just want to make sure the fee will only be applied this one time.

Kirk Adams : Sorry for the delay.I had to take a phone call.
Kirk Adams : Unless you signed up for a membership, it would be a one time fee.
Kirk Adams : If you want to make sure, you can check with customer service - just click the " contact us" button on this page.
Kirk Adams : It will direct you to customer service and they can tell you for sure.
Customer:

OK. I just want to make sure the fee will only be applied this one time

Customer:

OK. I just saw your response. I am done with the chat. Thanks very much for your service.

Kirk Adams : Understood. This fee should be the only one unless you ask another question. But, customer service can verify/make sure of this for you.
Customer:

OK. thanks much! Have a good day!

Kirk Adams : You too and thanks for allowing me to assist.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26918
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Criminal Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.