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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31767
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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" Inquiring about penalties for DWI while driving a motorcycle?

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" 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 " .

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.

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.

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.

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

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.

Did you see my last response?


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.

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.

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


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.

OK. thanks much! Have a good day!

Kirk Adams : You too and thanks for allowing me to assist.
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