Garden City DWI Lawyers
- Selloni, Stephanie:
DWI/DUI
If you have been arrested for a DWI or a DWAI, it is important that you hire an experienced DWI attorney.
In the State of New York, a person will be arrested for DWI (Driving While Intoxicated) if the person is operating a motor vehicle while in an intoxicated condition or while that personÕs blood alcohol content is above .08%. An arrest for this is a crime.
A person will be arrested for DWAI (Driving While Ability Impaired by Alcohol) if the personÕs ability to drive a motor vehicle is impaired by alcohol. A blood alcohol content of .06% or .07% will typically result in an arrest for DWAI.
In recent years, the police and the District AttorneyÕs Offices of Nassau and Suffolk Counties have stepped up their campaigns against drunk driving. As a result, there is a more strict handling of DWI cases and more stringent guidelines regarding pleas and sentences. Only with an attorney who is experienced in handling DWI cases, can the case be successfully defended.
New YorkÕs DWI laws can be complex and continue to evolve, and defending a DWI case is very different from any other criminal case. But with the right attorney, many DWI cases can be defended successfully. Therefore, it is necessary to hire an attorney who is experienced in DWI defense.
DWI cases involve police officers, field sobriety tests and breath testing instruments. In order to successfully defend a DWI case, an attorney must know exactly how the field tests should be administered and how the breath testing instruments operate in order to effectively evaluate the results of those tests.
You need a lawyer who will explore all factual and legal defenses, get evidence suppressed, and above all else, get results. DWI convictions can result in losing your driverÕs license, fines, jail, probation, forfeiture of your vehicle, alcohol treatment programs, DMV fees and increased automobile insurance rates. With so much at risk, you need a lawyer who will be fully prepared to explore and exploit every bit of evidence that the District AttorneyÕs Office attempts to use in their case against you.
- Hopkins & Kopilow:
If you have been charged with a crime, what do you do? Imagine that you
go out to dinner with your significant other and have a glass of wine.
On your way home, you hear sirens and notice lights in your rear view
mirror. Or, you have an argument with someone and they call the police
and charge you with assault. How do you handle these situations?
Scenarios like the one above are all-too-common. Even if you had
nothing to do with what you are being charged with, your opponent is
now the local, state or even federal government. These are not
opponents to be taken lightly. The government has unlimited resources
to come after you in a relentless fashion.
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- Andrew Bokser:
You should consult an attorney for individual advice regarding your own situation.
- Paul Senzer:
Our justice system rates among the best ever
invented. But --for better or worse-- the law
relies not upon some vague quest for common
ground or "truth". Instead, adversaries are pitted
against each other in a form of mortal combat. Lawyers battle each
other for the win; each insisting that his or
her side has the corner on virtue; that
the opposition is simply wrong, if not "evil".
- Foley, Griffin,
Jacobson & Faria:
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence of alcohol or drugs. A DWI conviction will result in
fines, the revocation or suspension of your driver's license,
and possible jail time. In addition, your insurance company
will increase your rates. Recently, most New York State
jurisdictions have adopted a policy of seeking the civil
forfeiture of vehicles used during the commission of DWI
related offenses.
- Keith, Shapiro &
Ford:
DWI is a serious criminal charge, and we recommend that no
one represent themselves in such a matter. Should you
decide against retaining our services for your drunk
driving matter, we still strongly suggest you seek legal
counsel experienced in criminal defense for advice.
DWI, DUI, DWAI are all serious charges. No one should attempt to
represent themselves in such a matter (in most cases the Court will
seek to frustrate any attempt to do so). We strongly suggest you seek
counsel experienced in criminal defense for representation. In many
jurisdictions the system will exercise great effort to assure you
retain counsel. This will mean several avoidable adjournments of your
matter which will only extend some of the problems caused by your
arrest and force you to miss additional days of work for no benefit at
all.
Under New York State Law, a person is presumed to be intoxicated by
alcohol if their blood alcohol test (breath or blood) shows a Blood
Alcohol Content (BAC) of .08 of one percent or greater. New York also
recognizes "Common Law" intoxication, determined by the arresting
officer but subject to attack in Court, where an individual refuses to
submit to chemical testing. You are presumptively impaired by alcohol if
your BAC exceeded .05 of one percent. Impairment by drugs is similar to
impairment by alcohol in that the Police will testify about how you and
your actions appeared to them coupled with a chemical test containing a
finding that certain drugs were in your system at the time of your
arrest.
Proving a DWI/DWAI/DUI case may appear to you not to be difficult for
the prosecuting attorney. Not true. A prosecuting attorney must prove
(1) you were operating a motor vehicle, and (2) your blood alcohol level
was at .08% or greater, or, (3) that you were impaired. by alcohol or
drugs. They must prove you guilty beyond a reasonable doubt. Their
machines aren't perfect. The police aren't perfect. The science the
machines utilize is flawed and can be shown to a jury to be so. Certain
medical conditions can result in false high readings. Certain drugs
remain in your system for as long as a month after they are ingested
(long after any impairment resulting from their use has disappeared).
Many cases should be plea bargained and many are appropriate for trial.
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