New York City DWI Lawyers
- Discioarro, Michael:
When facing DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charges in New York, you are in serious trouble. New York has very strict drunk driving laws and if you are convicted, you may have expensive fines to pay as well as jail time. Depending on the severity of the offense, some DWI charges are felonies and you may go to prison for an extended period of time. If you have been arrested and charged with drunk driving, you need to immediately contact a New York DWI attorney to begin working on your case.
* DWI
* Aggravated DWI
* DWAI
* Multiple DWI
* Felony DWI
* DWI Accident
* DWI Manslaughter
* DWI with Child in Vehicle
* CDL DWI
When your blood alcohol concentration level (BAC) is found to be .18% or higher you may be charged with Aggravated DWI:
* First DWI Offense Ð Misdemeanor Charges Ð penalty: Up to 1 year in jail
* Second DWI Offense (within 10 years) Ð can be a Felony charge Ð penalty: Up to 4 years in prison
* Third DWI Offense (within 10 years) Ð may be a felony charge Ð penalty: up to 7 years in prison
Lower BAC levels have serious penalties as well, and in fact you can be charged with DWI even if your BAC levels are below .08% and you have been evaluated as having been driving while exhibiting actions that are deemed to be the effects of drugs or alcohol by observation of law enforcement.
Defending a DWI or DUI charge in New York takes a special understanding of all aspects of this charge. Not every attorney has the experience with defending such cases, and may take on such a case as a sideline money-maker for their firm. This is not the case at the Law Offices of Michael S. Discioarro. This firm focuses solely on criminal defense and is highly qualified to fight aggressively for your defense. Every aspect of your arrest will be reviewed thoroughly. In many cases it was discovered that the correct law enforcement procedure was not followed in your arrest. This opens the door to court challenges and the suppression of evidence. Have you heard of anyone who had a DWI or DUI charge dismissed? This is the work of a skilled criminal defense attorney. DonÕt take chances with your future.
- Fletcher, Lance:
if you are arrested for Driving Under the Influence or Driving While Intoxicated, even without credible evidence, you can lose your license and your car before setting foot in a courtroom. A conviction may lead to a criminal record, staggering fines, incarceration, and license revocation. That is why taking immediate action, conducting an independant investigation, and aggressive representation are the hallmark of our DWI/DUI defense efforts.
¥ Felony DWI
¥ Misdemeanor DWI
¥ Aggravated DWI
¥ Driving Under the Influence
¥ Refusal Cases
¥ Marijuana related DUI / DWI
¥ Narcotics related DUI / DWI
¥ Medication related DUI / DWI
¥ Portable Brethalyzer DUI / DWI
¥ DMV Hearings
¥ Vehicle release proceedings
¥ Licence suspension hearings
The first law against drunk driving was passed in New York in 1910. Afterwards, other states passed similar laws. The early laws did not indicate a maximum blood alcohol level or specify any procedure for testing coordination. They generally prohibited drunk driving, and police officers and judges were left to enforce the law as they saw fit. Starting in 1938, a maximum BAC (Blood Alcohol Concentration) was set at 0.15%. In 1966 it was lowered to 0.10% and to 0.08% in 2003. Each new limit was accompanied with new scientific research suggesting that people just under the limit would be able to drive reasonably well. Interestingly, emerging research suggests that driving with a BAC of 0.08 is roughly equivalent to driving while talking on a cell phone.
Did you know, you can be arrested for driving UNDER the limit of 0.08%? Driving While Intoxicated, or DWI, applies if you are over the limit (0.08%). However, you can be charged with Driving Under the Influence, DUI, even if your BAC is under a 0.08%. You can also be charged with either DWI or DUI even if you are under the influence a non-alcoholic substance.
Today, DWI & DUI enforcement has never been stricter. There are enhanced penalties for driving with a very high BAC (aggravated DWI - 0.18 or higher) and you can be charged with a felony if you have a prior DWI conviction. Whether you are pulled over during a "routine" traffic stop, stopped at a checkpoint, or otherwise accused of driving while intoxicated, you may be asked to submit to a portable breathalyzer test on the side of the road and/or at a police precinct. Additionally, you may be asked to perform a coordination test in front of a video camera. If you refuse to take these tests, you may face an automatic license suspension and the fact of your refusal may be offered as evidence against you.
- Bilkis, Stephen:
If this situation happens to you in the New York area a New York Criminal Lawyer would be invaluable to you. This type of case especally with a prior for the same criminal charge and with a reading that high could likely end you up in jail. Not having a Lawyer could make matters worse but having the right lawyer may keep you out of jail.
Driving While Ability Impaired (DWAI)
Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI) and are terms used to describe driving under the influence of prescription medications (pain killers) or illicit drugs (marijuana, cocaine). In New York, DWAI cases focus on the level of impairment of the driver. A driver who has a Blood Alcohol Content (BAC) of .04 to .07 or shows evidence of physical or mental impairment can be charged with a DWAI.
In New York State, a DWAI is a violation of criminal law. If you have been charged with a Driving While Ability Impaired offense, you will need New York DWAI lawyer. First time DWAI offenders can face fines of $500 to $1,000 with the possibility of up to a year in jail and a loss of driving license for six months. A second offense within a period of 10 years will increase the mandatory fine to $1,000 to $5,000 and the jail term can be as high as four years. A third offense can result in fines of $10,000, a jail term of seven years and permanent license revocation. If convicted of more than one DUI in the last 10 years, you may be charged and convicted of a felony DUI, resulting in additional fines.
There are three different kinds of sobriety tests an arresting officer can perform on a person suspected of a DWI or DWAI; a field sobriety test, a screening test and a chemical test. Common field sobriety tests include the finger-to-nose touch, the one-leg stand, walk and turns and reverse alphabet recital. These tests are commonly used to detect DWAI and DWI and are administered to check on the physical coordination and mental capacity of the person operating the vehicle. Screening tests are portable breath tests used to detect the presence of alcohol in the drivers system. Chemical tests detect the percentage of alcohol in a person's blood and must be administered within two hours of the time of the arrest.
Various types of breath testing machines (breathalyzers and intoxilyzers) are also used to measure a person's blood alcohol content (BAC). These tests are one of the most common techniques used by arresting officers to measure BAC. However, false readings can, and do, occur. Mouth washes, breath sprays and even cough syrup have been known to produce false readings. Varying body temperature has also been known to affect readings. In New York State, courts occasionally throw out breath test results due to their unreliability. A knowledgeable DWI lawyer from Stephen Bilkis & Associates can help you avoid maximum penalties by analyzing your situation, asking the right questions and making sure that breath test rules were followed.
In most cases, your employer will need to be informed that you have been charged with a DWI, leading to additional consequences that can have a tremendous impact on your professional career, if not cost you your job altogether. With the help of an attorney, you may be able to avoid dismissal from your job and/or license suspension. At the very least, you may be granted the ability to drive to and from work during your suspension time. With the help of an experienced lawyer, you may be able to avoid conviction of a DUI.
- Chater & Associates:
Driving While Intoxicated is a very particular area of criminal defense law. These cases involve both the criminal justice system which affects your criminal record and your freedom as well your driving privileges in New York. It is important that you are aware of what is involved and what your rights are as a defendant who is accused of driving under the influence of drugs and/or alcohol. It is also important that you consult with an attorney that is familiar with the many different components of these types of cases.
SUSPENSIONS PENDING PROSECUTION (NY VTL ¤1193[2](e)(7))
If you submitted to a chemical test of your blood (the most common method being a breath test) and ÒscoredÓ .08 BAC or more, you license shall be suspended at arraignment.
If you had a valid driverÕs license prior to the suspension pending prosecution and did not have a prior conviction for Driving While Intoxicated or Impaired, or complete the Drinking Driver Program within the proceeding five (5) years, you may be eligible for a conditional license after the expiration of 30 days. The conditional license will be issued by the Department of Motor Vehicles. Please discuss this issue with me should you have any questions.
THE HARDSHIP LICENSE
Sometimes a driver may be eligible for a hardship license. The court which conducts your arraignment will decide your eligibility for this limited license. To be eligible, the court must determine that you will be subject to Òextreme hardshipÓ without this license.
This license only allows the driver to operate their vehicle to and from their place of employment. It does not allow a driver to operate a vehicle for work.
CHEMICAL TEST REFUSALS (NY VTL ¤1194)
It is important to understand that there are two types of breath tests. If you refuse a Òscreening testÓ prior to an arrest, you may be issued a ticket and, if convicted, be fined for refusing.
After an arrest, you may be requested to take a chemical test. This test, which is usually a breath test but may also be a test of blood, urine, or saliva, is the test used as evidence in court. If you ÒrefuseÓ to take this chemical test, there is a different set of penalties.
A chemical test refusal mandates suspension of your license at your arraignment, which usually occurs at your first appearance before a judge. At your arraignment the judge will direct that you provide him or her with your driverÕs license. Thereafter, the court will mail your license to the Department of Motor Vehicles in Albany, NY.
Although there is no hearing associated with the judicial suspension of your license, the court will schedule a Òrefusal hearingÓ with the Department of Motor Vehicles. This hearing must be scheduled within 15 days of your arraignment or your license will be reinstated by the Department of Motor Vehicles.
A refusal hearing is an evidentiary proceeding conducted before an Administrative Law Judge. If the Administrative Law Judge concludes that you, in fact, refused to take a chemical test as requested by a member of law enforcement, then your license must be revoked for a minimum of one (1) year.
In addition to revocation of your license, you will be required to pay a $500.00 civil penalty prior to restoration of your ÒfullÓ driving privileges pursuant to NY VTL ¤1194[2](d)(2). A refusal adjudication will also affect future suspensions and revocations arising out of unrelated alcohol-related convictions. For instance, a second chemical test refusal within five years of an initial refusal or alcohol conviction carries an enhanced civil penalty of $750.00. More serious, however is the fact that a second refusal revocation within five years of a previous alcohol violation or refusal results in a mandatory minimum eighteen month revocation of your license.
If your license is ÒrevokedÓ by the administrative law judge at the refusal hearing, it means your license is canceled. To get a new license, you must re-apply to the Department of Motor Vehicles once the revocation period is over. The Department of Motor Vehicles will decide whether or not you will be issued a new license.
ALCOHOL-RELATED CONVICTIONS AND YOUR AUTOMOBILE INSURANCE
Suspension or revocation of your driverÕs license as a result of an alcohol-related conviction is just cause for your insurance company to cancel your automobile insurance policy.
An alcohol-related conviction increases the probability that your insurance company will not renew your present insurance policy. Assuming no other company agrees to offer you insurance, you will be relegated to the New York Automobile Insurance Plan (i.e., the Òrisk poolÓ) at a substantially higher cost. In general, alcohol-related convictions remain on insurance company records and are used as a factor to determine premiums for between five (5) and ten (10) years.
- Rehm, Michael:
The first issue every DWI Lawyer should look at when analyzing a DWI charge is why was the vehicle pulled over? If there is a suspect reason associated with the stop, then it should always be challenged. If it can be shown that the vehicle was stopped without the requisite legal justification, the case can be dismissed in its entirety. The 4th Amendment protects against unreasonable search and seizure, and if the officer stopped your vehicle for no reason or for a reason that is false, then that fact needs to be brought to the courtÕs attention.
Even if there is a valid reason for stopping your vehicle, the matter is far from done.
Did the officer read you your Miranda rights?
Did the officer explain the field sobriety tests correctly?
Was your blood alcohol level risingÑhad the alcohol actually absorbed into your bloodstream when you were driving, or had it absorbed into your bloodstream only after taken to the police station (which generally takes 45 minutes to an hour) to be given the breath, blood or urine test?
This represents only a fraction of the issues associated with any DWI case. The prosecution has the burden of proof, and when facing a competent attorney, it is still a great burden to overcome.
- Weeden & Kavanagh:
* Family/Matrimonial Law (divorce, custody, support and pre/post nuptial agreements)
* Commercial and Residential Real Estate (landlord-tenant, closings, leasing and litigation)
* Foreclosure Defense and Mortgage Workouts
* Business and Commercial Law (transactional and litigation)
* Criminal Defense (including misdemeanor, felonies and Municipal Court in New Jersey)
* Traffic Matters (including tickets and driving while intoxicated charges)
* General Civil Litigation (including matters not covered in the above areas, such as debt collection)
- Sullivan & Brill:
Most people who are arrested for drunk driving (DWI), which includes Driving While Intoxicated or Driving While impaired by Alcohol or Drugs, in New York will be shocked to discover that if your breathalyzer reading is over a .08% or if you refuse to take a breath or blood test, your license will be immediately and automatically suspended - even before a trial is held to determine your guilt or innocence. If you possess a commercial driverÕs license, different laws and penalties apply to you. Being that your livelihood and career may depend on your driverÕs license, it is imperative that you hire an attorney immediately.
After your arrest for drunk driving (DWI), work on your defense must begin right away. You should have an attorney who will begin to fight to get your license back, retrieve all police paperwork in connection with the arrest, investigate the accuracy of the breath or blood tests that may have been administered, prepare evidence to convince a court to grant you a temporary (hardship) license, contact the NYPD to begin proceedings to recover your seized vehicle and, if you refused a breath or blood test, prepare for a Òrefusal hearingÓ which will occur 15 days after your arrest.
- Santiago Firm:
DWI, bank fraud, theft, drug dealing and trafficking, to crimes of violence such as assault, rape, sexual abuse, domestic violence, attempted murder
- Leitman, Genay:
State level criminal cases, both trials and appeals, in New York and Florida
- Katona & Mir:
Facing criminal charges can be a frightening experience for you and your family. It is crucial that you obtain an attorney in this type of situation.
- >Gruenwald, Raymond:
MIRANDA WARNINGS
An area of confusion for many New York clients who have been arrested and charged with a crime has to do with ÒMirandaÓ warnings. Therefore, as a service to their New York City and surrounding area criminal defense clients and prospective clients, Raymond B. Grunewald & Associates offers answers to the following frequently asked questions:
What is a Miranda warning?
A Miranda warning advises individuals of their constitutional right to remain silent and to refrain from answering any questions. A Miranda warning also advises individuals of their right to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officerÕs questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:
Officer Doright: Hey, excuse me; I would like to ask you a few questions.
Tommy: Umm, ok, what is this about?
Officer Doright: IÕm investigating a robbery that happened a few days ago, I thought that you might be able to give me some information.
Tommy: I just got back in town today from Europe; I really donÕt think that I can help.
Officer Doright: You say you just got back, thatÕs interesting because you fit the description of the robber that the bank teller provided.
Tommy: Excuse me Officer, am I under arrest?
Officer Doright: Umm, well no, but if you have something that you would like to say about the robbery, I promise to help you out.
Tommy: No thank you Officer. Tommy then continues with his walk home from the airport.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only required during a custodial interrogation. This means that the individual being questioned is in actual custody or in an environment in which a reasonable person would not believe that he or she is free to leave.
For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a customer named Mary Smith may have seen the robber. When Officer Jones interviews Mary, they are standing at the exit of the supermarket. During the interview, Mary makes incriminating statements regarding her participation in the robbery. Can MaryÕs statements be used against her later, even though she was not given a Miranda warning? The answer is probably yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say ÒI want to speak with a lawyerÓ or ÒI have nothing to say now.Ó If the police continue to question the suspect, the police have likely violated the suspectÕs 5th and 6th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested in New York and you have been advised of your right to remain silent and of your right to speak to an attorney, then anything that you say after can and most likely will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, how your case will progress and how you will be sentenced if found guilty, is up to the local, state or federal prosecutor handling your case, possibly a jury and the trial judge. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend. It is almost always easier for a criminal defense lawyer to defend a case when the person charged has not given a statement to the police.
- McCulloh and Weiss:
Professional Assistance With Your Legal Needs
Legislation Affects Drivers Under 21 Years of Age
New York State's "Zero Tolerance" Law became effective on November 1, 1996.
The Zero Tolerance law applies to a person under age 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%.
Even though the law is called "zero tolerance," the minimum BAC is .02 and not 0. This is because certain cough syrups and mouthwashes contain alcohol, and since some families will permit the consumption of small amounts of alcohol as part of religious or family functions. The Legislature decided to set the standard at .02% in order to address only those young people who had willfully consumed alcohol and operated a motor vehicle.
If you are stopped...
If you are stopped by a police officer for having consumed alcohol and the officer deems that you are younger than 21 and appear to have consumed alcohol, you will be temporarily detained for the purpose of taking a breathalyzer test to determine your blood alcohol level (BAC), usually at the police station.
If you refuse to take a breath test, you will be subject to a license revocation of at least one year.
Blood Alcohol Content (BAC) and How You May Be Charged
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BAC
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Offense
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Procedures
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.02% or more but not more than .07%
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Driving after having consumed alcohol (a zero tolerance violation)
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Administrative Hearing
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more than .05% and less than .10%
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Driving while ability is impaired by alcohol (DWAI)
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Criminal Court
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.10% or more
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Driving while intoxicated (DWI)
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Criminal Court
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- Blanch Law Firm:
When the Police Ask to Search You
You must always cooperate with the police and should not resist arrest
or search. But, make them do their job, so as to avoid being wrongly
convicted for a crime you did not commit.. If the police merely ask if
they may search you, your home or your car, tell them "not without a
warrant." In many situations the police do not need a warrant to search
you. In these situations they will conduct a search whether you allow
them to or not, assuming they have a good faith belief that you have
committed a crime.Allow them to search you and be cooperative and
respectful at all times.Just don''t volunteer to do anything the police
have not ordered you to do. If you volunteer it, by giving verbal
permission or by opening a trunk or suitcase for the police when they
are merely asking you if you would mind doing so, you may lose your
right to object to the admission of any evidence they uncover as a
result of this search-- because they did not find the evidence, you
gave it to them on your own. Therefore, as far as your rights are
concerned, there was no search and you cannot object to the evidence.
Know your constitutional rights. The Fourth Amendment requires police
officers to have "reasonable suspicion" before stopping you and forcing
you to answer questions. They can, however, engage anyone in a
conversation and ask them to show them i.d. open a suitcase or
trunk. But they cannot require you to do anything without a
reasonable suspicion that a crime is a foot. In order make a full
arrest, the police need something a little more than reasonable
suspicion. For an arrest the police must have "probable cause" to
believe that you are committing, or have committed, a crime.
- Eric Sears:
* DWI criminal record: A DWI conviction can mean you will have a
criminal record for the first time in your life. At our DWI defense law
firm, we will help you fight the charges. Was the breathalyzer properly
calibrated? Were sobriety tests properly administered? Did the officer
have cause to pull you over? * Your driving record: In addition to the
DWI criminal charge, you face a loss of your driver's license. If you
need to be able to drive, we will work to obtain a waiver so that you
can have limited driving privileges. If you refused the breathalyzer
test, you will lose your license. * Financial consequences: A DWI
conviction will mean higher car insurance rates. You can also be fined
and you may be required to attend classes you must pay for.
- Sullivan & Brill:
Many states have now lowered the legal blood alcohol concentration
(BAC) limit from .10 to .08 percent for adults, and more than a dozen
states have passed Zero Tolerance laws that prohibit drivers under
twenty-one years old from having any measurable amount of alcohol in
their blood system. As the legal limits decrease, so do your chances of
being charged with drunk driving if you choose to drink and drive. If
you've been arrested for drunk driving, you need the skill and
expertise of an experienced drunk driving attorney to see you through
the complicated legal maze that awaits you. The crime of drunk driving
is also known as "driving under the influence," or DUI, and "driving
while intoxicated," or DWI. In some states, the crime may be known as
"operating while intoxicated, or OWI, or "operating under the
influence," or OUI. The names vary according to how state laws refer to
or define the crime. Whatever the name, the state laws all have a
common aim of punishing those who drive while under the influence of
alcohol or illegal drugs. A drunk driving conviction carries with it
serious and long-lasting consequences: jail or prison time, a heavy
fine, and suspension or revocation of a driver's license. A person who
is facing a drunk driving charge should not hesitate to seek immediate
legal counsel from an experienced drunk driving defense attorney.
- Klara Wang:
Generally speaking legal issues are to be determined by the trial court
and factual issues are to be determined by a jury or judge if no jury
is present. However, either the judge or the jury may determine
preliminary determinations of facts.
- >Bienefeld & Wertman:
Driving While Intoxicated is a Crime in New York that creates a number
of issues and difficulties for people who are accused. Driving While
Intoxicated, or DWI cases in New York can range in seriousness and
complexity from something that can be dealt with in relatively short
order without significant inconvenience to full blown felony charges
carrying potential long term state prison sentences. Trials of Driving
While Intoxicated cases can, under some circumstances, be among the
most specialized and complex, expert driven trials or a comparatively
far simpler trial essentially boiling down to a determination of who
was driving the car in question.
In order to know where your New York Driving While Intoxicated case
fits in the grand scheme of driving while intoxicated cases, you ought
to consult a new york criminal defense lawyer with experience in the
area of driving while intoxicated cases.
Driving While Intoxicated Cases Have Many Implications Beyond the
Criminal Case
In the New York Metropolitan Area, Driving While Intoxicated Cases
create a number of other problems, some of which can require retaining
counsel separately from the criminal case itself.
- Calisi & Associates:
Before making a decision on hiring an Attorney remember to consider how much experience your Attorney has.
- Allen Kaplun:
Arrested in New York?
Take a Long, Hard Look at the Charges Filed Against You.
Then you need to ask yourself these three vital questions: DWI, Kings
County, all charges dismissed
Weapons Possession, Queens County, all charges dismissed
Assault, Queens County, reduced to disorderly conduct.
Sale of Alcohol to a Minor, Kings County, Charges reduced to $100 fine.
Driving with a suspended license, Queens County, dismissed
Petty Larceny, New York County, Charges dismissed
Criminal Possession of a Forged Instrument, Kings County, dismissed
Grand Larceny, Kings County, dismissed
DWI, Kings County, all charges dismissed 1. Do you know how you are
going to defend yourself against the charges against you? 2. Can you
find a New York criminal defense attorney to help you without just
guessing? 3. Are you prepared for what could happen to you if you are
found guilty?
If you're like most people, you feel afraid about what's going to
happen to you. Being arrested is a horrible and humiliating experience.
- Adam Mehrfar:
Can I fight my DUI arrest?
Yes. You may request a review of the driver`s license suspension by the
department of motor vehicles within a specified number of days
following your arrest. At a formal review, the hearing officer is
authorized to administer oaths, examine witnesses and take testimony.
If you request an informal review hearing, it shall consist solely of
an examination by the department of the written materials submitted by
the arresting officer, as well as anything you wish to submit. You
generally cannot attend an informal hearing.
- Mindy Paget:
In todayÕs legal environment, matching your needs with the correct firm
is crucial to the successful outcome of your legal matters. Like so
many other areas, in law, the pace of change and the details can be
overwhelming.
As an informed consumer of legal services, you need to be sure that the
firm you select is in fact qualified to handle the matter at hand.
Today, thatÕs more important than ever.
- Ronald Meltzer:
DWI arrests in New York will trigger two separate cases for those
accused of driving while impaired. The first is the DWI case in
criminal court; the second is the DMV case, where the New York DMV is
empowered to suspend the driving privileges of those accused of DWI or
DWAI (driving while abilities are impaired by alcohol).
New York DWI cases can be brought under one of two theories: either
violation of the DWI "per se" law (which is based only on alcohol
level, not driving impairment) , or under a traditional "common law"
theory (where the prosecution must prove that the driver is
intoxicated) . Intoxication, for the purpose of Vehicle and Traffic
Laws, is a condition where the motorist lacks the necessary physical
and mental skills to operate a motor vehicle as a reasonable and
prudent driver. New York DWI arrests based on the common law theory do
not require any measurement of BAC ; they may be based entirely on the
opinion of the arresting officer.
DWI cases can be "aggravated" (with harsher punishment) where the BAC
is .15 or more, where there is a traffic accident, refusal to take the
chemical test , or any other attempt to evade police or flee the scene
of a DWI accident.
New York DWI law is unique, in that it gives all motorists a qualified
right to consult with a DWI lawyer before deciding whether to take or
refuse the chemical test. (It is "qualified" because those arrested
have a right to call and obtain advice from a DWI lawyer, but the
police do not have to wait for that lawyer to show up.) New York DWI
Lawyer Ronald Meltzer knows how important your quick access to a DWI
lawyer is and he is waiting for your call. It is critical to consult
with a qualified New York DWI attorney before deciding this issue,
since taking or refusing the test is an important and complicated
decision following a drunk driving arrest.
Driving under the influence of alcohol is a crime in New York City that
creates serious consequences for people who are accused. A New York
City DWI can range from serious to complex and have various penalties
depending on your circumstances. Those with multiple DUI offenses may
face long term state prison sentences. Getting a New York City DWI
poses several life-changing consequences for those who are convicted.
If you are convicted of DWI, you will have a criminal offense on your
personal record, you may lose your driver's license , face a prison
sentence, pay outrageous fines and fees, and have your insurance
premiums increased or even cancelled . These penalties all depend on
your specific DWI case.
In New York City, the DWI laws are stricter than ever before. They have
implemented a law that allows police to seize the vehicles of accused
drunken drivers. According to the New York City Police Commissioner,
fatal accidents involving drunk drivers decreased 28 percent after the
start of the program. New York City DWI info is available to all
residents and visitors to inform them of the drinking and driving laws
and how it could affect an individual if they were to be arrested for
DWI . There are serious consequences to face, which may include jail
time. It is important to pay attention to New York City DWI info
especially if you are visiting, and plan on drinking.
Dealing with a New York City DWI on your own may not be as beneficial
as using a professional and experienced New York City DWI Attorney.
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