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Mineola DWI Lawyers

• Prusan, Eric: An experienced family law and criminal attorney can ensure that justice is served from the arraignment and first Court appearance.
• Mirsky, David: "DWI" stands for Driving While Intoxicated and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DWI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DWI conviction will likely be raised to a felony if it is the driver's fourth DWI offense or the driver has had a prior felony DWI offense within 10 years of the new charge.
• Galison & Galison: In order to obtain a conviction under one of the New York State DWI / DUI laws the Prosecution must establish that a motorist was impaired or intoxicated by the voluntary consumption of; alcohol, drugs, or the combined influence of alcohol and drugs. There are many theories under which the prosecutor can base their case. To follow is a list of the charges available to the prosecution under the New York State Vehicle and Traffic Law ¤1192: ¥ È Driving While Intoxicated (Common Law); Intoxication is proven without a Blood Alcohol Reading. ¥ È Driving While Intoxicated (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of .08 or more. ¥ È Aggravated Driving While Intoxicated (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of .18 or more. ¥ È Driving While Ability Impaired by Drugs;. ¥ È Driving While Ability Impaired by Alcohol (Common Law); Impairment is proven without a Blood Alcohol Reading. ¥ È Driving While Ability Impaired by Alcohol (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of between a .05 to .07. ¥ È Driving While Ability Impaired by a Combination of Alcohol and Drugs; ¥ È Zero Tolerance (Under 21); a DMV Administrative finding of a .02 to .07 Blood Alcohol Concentration. Each of the above charges, excluding the Zero Tolerance law, carries with it the possibility of incarceration. Fines, State Surcharges and Administrative Fees range from several hundred dollars to several thousands of dollars depending upon the charge alleged. During the Free Consultation offered by our office our lawyers will explain to you the possible consequences of a conviction and the potential monetary penalties that can be imposed. The following link is provided for your convenience, and provides a comprehensive chart detailing the, minimum and maximum fines that can be imposed, the maximum Jail sentence that can be imposed and the License Action that the DMV will take upon a conviction.
• Schoenberg, Ronald: New York State has extremely strict DWI laws.Ê The reason is clear; every day the media reports another death on our highways caused by drunk driving.Ê The police have targeted those who drink and drive and the prosecution has made it their priority to prosecute to the fullest extent of the law and seek significant punishment. Having your license suspended or revoked is just the beginning of the consequences that can result from a drunk driving conviction.Ê Incarceration, mandatory rehabilitation programs, probation, fines and a conviction for a crime are also potential penalties for drunk driving. Whether you have refused to take a breathalyzer or have a blood alcohol level of .08 or higher or were driving under the influence of a controlled substance, all of these drunk driving charges require an effective and diligent defense. Accordingly, ÊIt is important to choose an experienced attorney to protect your rights.
• Neal Spector: DWI Defense Attorney If you or a loved one has been arrested, accused of a crime or has become the target of a criminal investigation choosing a criminal defense attorney could be one of the most important decisions you will ever make.
• David Ledgin: You should consult an attorney for individual advice regarding your own situation.
• George Terezakis: If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. And these punishments drunk driving are even more severe for repeat offenders. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your driverÕs license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights Ð and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
• Neal Spector: You should consult an attorney for individual advice regarding your own situation.
• Andrew Monteleone: A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances.
• Mirsky & McGrath: Almost all states increase a charge for driving while under the influence of alcohol or drugs (DUI) from a misdemeanor to a felony when a driver has had a certain number of prior DUI convictions. Accordingly, prosecutors in DUI cases will often search for prior DUI convictions to enhance a new charge. However, the admissibility of a prior conviction in court can depend on when and where the prior conviction occurred.
• Matin Emouna: In 1963, in Wong Sun v. United States, the Supreme Court first recognized the attenuation exception to the exclusionary rule. Here, the Court stated that evidence resulting from an illegal arrest is admissible, despite a Fourth Amendment violation, where the "the connection between the arrest and the [evidence] had 'become so attenuated as to dissipate the taint.'" For instance, if police illegally search a suspect's home and the suspect later confesses to a different crime (not the crime the police were initially investigating), the confession may still be admissible, even though it arguably would not have been obtained without the illegal search. Thus, evidence linked to an illegal search and seizure may be admissible if the link is so remote that the deterrence goal of the exclusionary rule would not be served by suppression of the "illegally" obtained evidence.
• Joel Salinger: If you have been charged with a crime you may be frightened, confused, and overwhelmed. The government relies upon these feelings to help it secure a conviction. ... If you are facing a traffic offense such as speeding, reckless driving, careless driving, or drunk driving, you could be facing large fines, court costs, forfeiture of your vehicle, loss of your drivers license, skyrocketing insurance premiums, court-ordered alcohol treatment, lengthy probation, and even jail time.
• Robert J. Brunetti: JUST BECAUSE YOU BLOW A .10 OR MORE ON THE BREATHALYZER OR INTOXILYZER 5000 DOESN'T MEAN YOU ARE GUILTY OF DRIVING WHILE INTOXICATED.
• Eliot Deutsch: Early intervention of a defense attorney often helps to lessen the time it will take to resolve your case and the amount of inconvenience or harm that you will suffer as you pass through the justice system.
• Sandback, Birnbaum & Michelin: NY State law permits a judge to suspend your license when you are arraigned on a DWI charge. We can help you obtain a hardship or conditional license to allow you to drive to and from work or school.