Bay Shore DWI Lawyers
- Miller, Gary:
In New York, an
alcohol related driving offense can be a violation, a misdemeanor or a
felony.
Driving While Intoxicated involves operating a motor vehicle with a
blood alcohol level
of .08 or higher. Driving while intoxicated is a misdemeanor unless
there is a prior conviction for driving while intoxicated within the
last 10 years. A person can also be charged with driving while
intoxicated when there is no blood alcohol level reading, based on other
factors that establish intoxication. If there is a prior conviction for
driving while intoxicated within the last 10 years of the new arrest,
then you may be charged with Felony Driving While Intoxicated.
If the blood alcohol reading is .05 or greater, but less then .08, then
the charge will be Driving While Ability Impaired by the consumption of
Alcohol. This charge is a violation unless there is a prior conviction
for driving while impaired or driving while intoxicated within 5 years
of the new charge, in which case it could be a misdemeanor.
How the DWI arrest affects your license
If you have been charged with Driving while intoxicated as a misdemeanor
and you took the breath test, the court will still suspend your
privileges to drive for 30 days from the date of the arrest. If you had
a valid New York State drivers license at the time of the arrest, the
court may conduct a Hardship Hearing and under certain circumstances
issue a Hardship Privilege permitting you to drive your vehicle to and
from your place of employment, to and from school, and / or to and from
medical appointments, at specified times of the day during the 30 day
period. After 30 days, you should receive a letter from DMV advising
that you may go to New York DMV and apply for a new license. Upon
conviction of an alcohol related offense, there will be additional
suspensions and/ or revocations on the license.
If you have been charged with Driving While Intoxicated as a
misdemeanor, and it is alleged that you refused to take a breath test,
the court will suspend your license at arraignment, pending a refusal
hearing at DMV. If you fail to show for the refusal hearing or you loose
the hearing, your license will be revoked for a minimum 6 months, or 1
year for those under the age of 21 and a civil penalty of at least $300
If you appear for the refusal hearing and the officer does not, you
should receive your privileges to drive back pending a refusal hearing
at a later date, or pending a conviction on an alcohol related offense.
If you are convicted of Driving while intoxicated or Driving While
ability impaired due to Alcohol and this is your first alcohol related
driving conviction, you should be eligible to take the DMV Drunk Driving
program (DDP). The DDP program is a once a week, 7 week program, with
each session lasting 2 1/3 hrs. Approximately 1 out of every 3
participants is referred for additional follow up counseling at an
agency recognized by the Department of Motor Vehicles, at their own
expense. Upon signing up for the program you will be granted a
Conditional license. The license will remain conditional until
completion. Upon completion of the program you should receive your full
license back.
In New York convictions for speeding and other moving violations carry points on your license.
Below is a list of the various traffic offenses and the points allocated to each conviction:
1102 Failure to Comply with a Lawful Order
2 points
1110 (a) Failure to Obey Traffic Control Device
2 points
1110 (a)(1) Passed Green Arrow
3 points
1111 (d)(1) Passed Red Light
3 points
1111 (a)(1) Passed Red Arrow
3 points
1120 (a) Failure to Keep Right
3 points
1122 Improper Lane Change
3 points
1128 (a) Unsafe Lane Change
3 points
1129 (a) Following Too Closely (Tailgating)
4 points
1140 Failure to Yield Right of Way at Intersection
3 points
1141 Failure to Yield Right of Way--Oncoming Traffic
3 points
1143 Failure to Yield Right of Way--Pedestrians
3 points
1163 Failure to Signal Lane Change
2 points
1172 Failure to Stop at Stop Sign or Flashing Red Light
3 points
1180 (a) Unreasonable/Imprudent Speed 3 points
1180 (b) Speeding
1 - 10 mph over speed limit
3 points
11 - 20 mph over speed limit
4 points
21 - 30 mph over speed limit
6 points
31 - 40 mph over speed limit (possible suspension)
8 points
More than 40 mph over speed limit (possible suspension)
11 points
1212 Reckless Driving (Misdemeanor Offense)
5 points
600 Leaving the Scene of an Accident
3 points
1229 (c)(3) No Seat Belt/Driver 0 points
319 Uninsured Motorist (Mandatory Revocation)
375 (1) Inadequate Brakes (Misdemeanor offense) 4 points
375 (3) Failure to Dim Headlights 2 points
375 (29a) Improper Towing/More Than One Vehicle 2 points
375 (29c) Connection Longer Than 16 Feet 2 points
375 (29d) No Licensed Driver in Towed Vehicle 2 points
381 (1a) Inadequate Brakes- Motorcycle 4 points
The points are assessed against your driving record based on the date that violation was committed, not the conviction date.
If your driving record accumulates 11 or more points within an 18 month period, your license will be suspended or revoked. You can reduce up to four points from your driving record and save up to 10% on your auto liability insurance premiums by completing a DMV approved accident prevention course.
You can use the point reductions once a year. If you have already taken the accident prevention course within the year, regardless of whether you received a point reduction, you will not be able to reduce any points by taking the program again until a year has passed. Also you can not apply the point reduction as a credit against future points.
NO ONE SHOULD EVER PLEAD GUILTY TO POINTS VIOLATION
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
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