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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I was pulled over DWI in NY but i'm worried my DWI traffic

Customer Question

I was pulled over for a DWI in NY but i'm worried my DWI traffic violation in the state of NJ 3 years ago will be trumped up to make my NY case a felony, is that possible?
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What do you mean by "trumped up"?

Customer: replied 7 months ago.
Adjusted to the felony Level instead of being considered 1st time misdemeanor
Expert:  Dwayne B. replied 7 months ago.

Of you are asking if they can change the NJ case, then the answer is no, there really is no way that they can change the NJ case.

If you are asking if the NJ case can be used to enhance the NY case upwards then the answer is yes. The DWI statute in NY states that a second DWI within ten years is a class E felony and Article 31 Section 1192(8) states that an out of state conviction counts the same as an in state conviction for purposes of enhancement. You can see that section of the statutes at

Customer: replied 7 months ago.
In New Jersey it's considered a traffic violation. Does this means i'll be put on probation and have my licensed suspended for 18 months? I was on my friends lawn when charged with DWI. I never made it to the public road.
Expert:  Dwayne B. replied 7 months ago.

It depends on the facts. The NY law doesn't state that the vehicle has to be operated on a public roadway, it just states " No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol."

You can get less probation and less suspension that that, depending on a lot of factors. Sometimes it's even possible to get the charge lowered to something like a public intoxication, depending on the facts.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Hire a good lawyer and be sure and don't drink at all in the meantime.