Jerico DWI Lawyers
- Mazzone, Lewis:
Every county in New York handles DWI charges differently. With experience in the counties and boroughs of and surrounding New York City and Long Island, we know what you have to do to fight DWI and DUI charges. Starting with your criminal charges, we will also deal with the suspension or revocation of your driver's license, and vehicle forfeiture.
In Nassau County, individuals accused of drunk driving have to be screened by a psychologist certified by the DMV. A drunk driving case in Nassau County cannot proceed until that screening occurs. Each screening involves DWI evaluations and treatment suggestions to determine whether the accused has an alcohol problem or if the DWI was a matter of aberrant behavior. Nassau County will also likely move to seize your vehicle.
This screening is not required in other counties, but it can be equally useful to prove that your DWI was a one-time mistake. In New York City, an evaluation is not mandatory, but it is required in order to re-obtain your car after it has been seized.
Breathalyzer Tests
There are different ways to handle DWI cases, but there are a few things to look at if your case involved a breathalyzer test. We will take a look at the following issues in order to determine whether or not your breathalyzer was utilized correctly:
* Thresholds
* Variables
* Use
* Coordination tests
If you refuse to take a breathalyzer test, the DMV will automatically suspend your license at your hearing. With proper representation at this hearing, you can find a way to retain your driving privileges.
- Barry Jacobson:
Arrest for DWI results in the immediate suspension of your license
pending prosecution? (And possibly the seizure of your car!)
New York State DWI charges have become tougher to defend with
ever-increasing penalties in recent years. At our Brooklyn DWI defense
law firm, we explore all the alternatives for protecting your driving
record and your driver's license, whether the charge you're facing
involves driving while intoxicated based on a breath alcohol test over
the legal limit, or an implied consent charge based on refusing a
breathalyzer. New York DWI/DUI Defense
New York prosecutors can no longer resolve first-offense DWI cases on
plea agreements involving such moving violations charges as reckless or
careless driving. Instead, effective defense on a DWI case relies on
constitutional attacks on the arresting officer's reasonable suspicion
to stop your vehicle, his or her probable cause to arrest you for drunk
driving, or the operation of a DWI checkpoint.
If the facts won't support a challenge to the circumstances of the
arrest, we can then use forensic experts to examine every aspect of the
breathalyzer test and its results. We can also test the credentials and
training of the officer and lab technicians to see if the test was
properly administered or if the device was properly calibrated. As a
certified NYSDOT breathalyzer operator himself, DWI defense lawyer Barry
Jacobson has a thorough understanding of just what to look for with the
technical operation of the breathalyzer device. Breathalyzer Refusal -
Implied Consent Defense
Strictly speaking, refusing the breathalyzer is not a criminal offense,
but a civil violation of the terms of your driver's license, by which
you agree to provide a sample of your breath or blood on duly authorized
demand. The civil penalty for this refusal, of course, is a year's
suspension of your driver's license for a first offense.
In many cases, particularly those involving professional
drivers, we can extend your right to drive through conditional licenses
and hardship hearings while we work to resolve any underlying DWI
charges based on field sobriety tests, as well as the administrative
implied consent violation itself.
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