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Mt. Kisco, Mt. Morris, Mt. Vernon DWI Lawyers

• Mount Kisco
  • Squirrell, David: If you have been arrested for driving while intoxicated, I'm sure that you are concerned and have questions. The consequences can begin very early in the case. Your driving privileges may be immediately impacted, based upon the result of a chemical test, or if such a test was refused.Ê If there is a conviction, the penalties are more severe. UnderstandÊthat local law enforcement has placed a high priority on arresting and prosecuting individuals whom they think have been driving while intoxicated in Westchester County, driving while intoxicated in Putnam County, driving while intoxicated in Rockland County or driving while intoxicated in New York City. Many local newspapers, on the eve of a holiday, will usually have a story describing the vigilance police will utilize in attempting to identify drivers whom they think are driving while intoxicated in New York State. The weekly count of individuals arrested for this crime is also usually routinely reported. After arrest, prosecutors are equally aggressive in attempting to prove the charges. Needless to say, anyone arrested for driving while intoxicated needs representation from someone with experience and who will fight for their rights and defend any charges brought. ÊÊÊÊÊÊÊÊÊ However, one must remember that at every step of the prosecution, from arrest through trial, the police and the District Attorney's Office must satisfy various legal requirements. To make sure that you receive an aggressive defense and that your rights are being protected, the circumstances of your arrest and facts and evidence of your case must be analyzed within the confines of the various laws that may apply to your case.Ê such as the United States Constitution, the New York State Constitution, the New York State Vehicle and Traffic Law, the New York State Penal Law, the New York State Criminal Procedure Law, as well as other statutes and regulations. Only then can an attorney effectively make the appropriate arguments to the Court as to whether the actions of law enforcement satisfied the laws which were put into place to protect individuals accused of crimes.
  • Rex Pietrobono: A drunk driving offense, in New York called driving while intoxicated (DWI) or elswhere driving under the influence (DUI), really has three general meanings: (1) Driving with any amount of alcohol in your system which causes your physical abilities to be impaired in any way. This is known as "common law" intoxication. (2) Driving with a level of alcohol in your system which amounts to a measurement of.08 of blood alcohol content. To be guilty of this offense, absolutely no impairment of any of your physical abilities is necessary. You may well be the world's most talented, careful and safest driver, but if your blood alcohol content registers .08 or above you are guilty of a criminal offense. (3) Driving with drugs in your system or with a combination of drugs and alcohol, no matter what the amounts of those substances may be, where your physical abilities have become impaired in any way. It does not matter if the drugs are legal, over the counter medications like antihistamines, nor does it matter if you have a prescription to take the drugs. If you are impaired as a result of taking them, then you can be found guilty of a criminal offense.
• Mount Morris
  • Sciarrino & Sciarrino, PC: Assertion of Rights Card
• Mt. Vernon
  • Gregory Wood: Implications of the Ashcroft Decision on Other Legal Immigrants Based on these interpretations, the Court reversed a deportation order that had been issued against a lawful permanent resident by the Board of Immigration Appeals (BIA) pursuant to Section 237 of the INA. Having pled guilty to two counts of DUI and causing serious bodily injury in an accident, the legal immigrant in this case was technically eligible for automatic deportation under a Florida DUI statute that characterized DUI offenses as crimes of violence. However, since Florida's DUI statute did not require proof of any mental state, the Court concluded that the DUI offense could not be characterized as a crime of violence. Redefining the nature of drunken driving, the Court effectively lifted the threat of deportation based on DUI convictions for millions of legal immigrants in the U.S.