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New York City DWI Lawyers

• Marks, Jonathan: What is Criminal Law? Criminal laws are designed to set forth the acceptable limits of conduct in society. Conduct that is deemed unacceptable is defined by the state and federal legislatures and punished by criminal laws. Each State and the Federal Government has its own set of criminal laws that define criminal conduct and establish penalties for violations. What are the different types of Crimes? A crime is a wrong against the state or federal government and is subject to punishment by imprisonment, fine, restitution or other penalty. Crimes are divided into two categories: Felonies & Misdemeanors. Felonies: A felony is any serious crime punishable by death or imprisonment in excess of one year. Felonies include arson, murder, rape, robbery, burglary, manslaughter, and kidnapping. In addition to imprisonment or death, convicted felons may lose their voting rights, be excluded from certain types of work, be prohibited from holding certain licenses, and be prohibited from purchasing or possessing firearms or ammunition. Misdemeanors: A misdemeanor is an offense that is considered less serious than a felony and that is punishable by fine, penalty, forfeiture or imprisonment for less than one year. Misdemeanor offenses include petty theft, prostitution, disorderly conduct, trespass, and vandalism. Punishment frequently involves probation or community service, and a convicted defendant can lose some of his or her privileges. What are my rights if I am questioned by police? If you are questioned by police, the extent of your rights depends upon the circumstances under which you are questioned. Regardless of the circumstances, you always have the right to refuse to answer any questions unless your attorney is present. If you are taken into Òcustody,Ó the police are required to provide you with a ÒMiranda warningÓ that informs you of your constitutional rights to remain silent, to have an attorney present during questioning, and to have an attorney appointed if you cannot afford one. However, even if you are not taken in to custody and read Miranda rights, the police may still question you and anything you say may be used against you in court. Therefore, the safest course of action, regardless of how and where you are questioned, is to politely refuse to answer any questions without legal counsel present. If police attempts to stop me in a vehicle or on foot, am I required to stop? Yes. If a police officer gives you a visual or audible signal to stop, it is important to comply with the request in order to avoid charges of fleeing or eluding police. However, keep in mind that you are never required to answer questions by the police unless your attorney is present. When is a police search legal? Searches by the police are legal when a search warrant has been issued on the basis of Òprobable causeÓ or when one of the exceptions to the warrant requirement is met. ÒProbable causeÓ for a search warrant exists if it is more likely than not that the items to be searched are connected with criminal activities and that those items will be found in the place searched. Warrantless searches are authorized when they are incident to an arrest, when there are Òexigent circumstances,Ó when an object is in plain view, or when a person consents to the search. Note that you are never required to consent to any police search. In the event that a search is illegal, it may be challenged in court and any evidence uncovered through the search may not be used against you. When are the police authorized to arrest a person? Police can only arrest a person when there is Òprobable causeÓ to arrest Ð a reasonable belief that a crime was committed and that it was committed by the person being arrested. Arrest warrants are not required. After a person is arrested, he or she must be given the opportunity to contact an attorney and is not required to say anything to police or investigators until an attorney is present. What are the elements of a crime? For any crime, a prosecutor is required to prove a guilty act, and in most circumstances, the prosecutor must also show that the guilty act was accompanied by a guilty mind, which, depending on the crime, may range from negligence to purpose. Each crime also has specific elements incorporated into the definition of the crime which must be proved by the state Òbeyond a reasonable doubt.Ó Can I be guilty of a crime if I was merely present at the scene when it was committed? No Ð mere presence at the scene of a crime is not itself considered a crime. However, under certain circumstances you can be liable as an accessory to a crime if you have knowledge that it was committed and assisted the person in avoiding apprehension or if you helped another person commit a crime with knowledge of the criminal nature of the act. What are my rights after being arrested for breaking a criminal law? You have the right to know the crime or crimes with which you have been charged and to know the identity of the arresting police officers. After you have been brought to the police station you have the right to communicate by phone with your attorney, family, friends or bondsperson and the right to be represented by counsel. If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time. What are Drug Crimes? Drug offenses, which may be prosecuted under state or federal laws, range from simple marijuana possession to more serious crimes like the manufacture and distribution of methamphetamine. A conviction can have serious consequences for you and your family as well as your job and your future. It is vital in any criminal matter that you seek legal representation as soon as possible so if you have been accused of a drug crime Do I have the right to sue the cop for false arrest? Not always. False arrest is an unlawful restraint of a personÕs liberty without probable cause or an order. The burden is on you to prove that the officer acted without legal authority. If the officer is found guilty you will be entitled to punitive damages.
• Mullin Law Firm: Driving While Intoxicated (DWI) is the criminal act of operating a motor vehicle while intoxicated by drugs and or alcohol. DWI is also the criminal act of operating a motor vehicle with a blood alcohol concentration of 0.08% or higher. In the state of New York, most cases involving DWI are classified as misdemeanors. However, there are some cases in which DWI charges can be enhanced, and elevated to felonies. This is common in situations where the offender has prior DWI convictions, has caused bodily harm to another person, or has caused extensive property damage. A conviction for DWI (called DUI in some states) is a serious crime with a lot of collateral damages that can cause problems for years. At the Mullin Law Firm, we know how confusing your arrest probably was Ð and we also know that there's a lot more confusion ahead. You need a DWI defense lawyer who knows the law and knows how to help you minimize the consequences. Some people are under the impression that DWI charges are easy to fight in court, and some will choose to represent themselves. This is usually a huge mistake as the majority of people do not have the experience or knowledge to contest evidence presented by New York law enforcement or county prosecutors. Making a mistake like this could result in a DWI conviction and serious legal consequences. In a DWI (driving while intoxicated) charge, there are two aspects to the case Ð criminal and administrative. In the criminal DWI case, the Mullin Law Firm will review the evidence including any breathalyzer results (blood alcohol content levels or BAC), police reports, and witness statements. We will explain your options and take your case to trial if that is your choice. Depending on the circumstances, you may be able to enter a non-criminal plea (driving while impaired). At all times, from the moment you retain our services, we will protect your rights and fight to win. In the administrative part of your case, your Mullin Law Firm DWI lawyer will help you apply for hardship driving privileges. Depending on your driving history, the damages may be minimized. A DWI charge can mean license revocation or suspension, points on your license, substantial fines, driving and drinking classes, large increases in your insurance rates, and a lot of time and energy spent on resolving the charges. Jail time is unlikely except for multiple offenses, but you must become informed. Your New York City DWI lawyer can guide you through the process and help you limit the consequences. A DWI defense lawyer can get involved immediately to minimize the person's dealings with law enforcement. By taking immediate action, an attorney can ensure that the person's rights are protected and that the right decisions are made. Additionally, a defense attorney will know how to challenge key evidence, which can lead to the reduction or complete dismissal of criminal charges.
• Perlmutter, Adam: Will I be able to get my case dismissed because I was not read my rights? Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
• Clayman & Rosenberg: Driving Under the Influence (DUI): A DUI 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, it typically results in higher insurance premiums and an offender may become ineligible for credit
• Marks, Jonathan: If you are arrested for committing a crime you will be taken into custody by the police or a federal agency and arraigned before a judge or magistrate judge. The court may set bail depending on the crime you are charged with and your particular individual circumstances. If you cannot post a bond you may be incarcerated pending your next appearance in court. If bond is posted, you will be released and remain free pending your next appearance. During the arraignment you will be told what offens you have been charged with and informed of your constitutional rights.
• Van Brown: Being charged with DUI, or a related drunk driving charge in New York can mean serious penalties, including the loss of your driving privileges. Every year in the five boroughs, and in communities throughout Long Island, New York, people who are charged with DUI simply give up their rights to effective legal representation.
• Schwartz & Ponterio: In New York, a DUI / DWI conviction can also bring fines, license revocation, and even jail time in some cases. It can also give you a criminal record that will influence your ability to get a job, get loans, get into school, etc.
• Travioso Law:

  If you have been stopped, arrested, and charged with driving under the influence, or refused to take a breath, blood or urine test, you must request an administrative hearing or your driver's license will be suspended. This is one of many possible penalties that may result from a DWI conviction. Penalties may also include:

  • Confiscation of a Vehicle
  • Revoked or Suspended Driving Privileges
  • Criminal Misdemeanor Charges
  • Jail Time
  • Mandatory Fines Ranging from $300.00 to $5,000.00
  • State Mandated Alcohol Abuse Classes
  • Increased Insurance Premiums

  Police and prosecutors all over the United States are taking drunk driving much more seriously. State legislators are increasing penalties for drunk driving and lowering the blood alcohol level required to be charged with a DWI. New York is no exception. Recent changes in New York's DWI statutes lowered the legal driving limit from 0.10 to 0.08; that is only one or two drinks per hour. New York has significantly increased penalties for first time and multiple offenses. Under a new law, if a person drives with a BAC of .18 or more, he or she would be guilty of a new crime, aggravated driving while intoxicated, which carries the weight of a Class E felony and is punishable by up to 4 years in prison.

• Blackman Lawfirm: Many people have driven a car after having a few drinks. In New York, if you are caught doing this, you can be arrested and charged with DWI. These charges can result in serious consequences, such as a criminal record, suspension or revocation of your drivers license, ineligibility from certain types of employment, seizure of your vehicle, and possible jail time. In certain circumstances, your license may be suspended or revoked within days of your arrest. That is why it is crucial that you retain the services of a criminal defense lawyer as soon as possible.
• Salvatore Paszynsky:

  Driving While Intoxicated

  
  
  New York law prohibits operation of a motor vehicle while one's ability to do so is, to any extent, impaired by alcohol or drugs. A person is deemed intoxicated when he has .08 percent or more by weight of alcohol in his blood, or upon the subjective observations of a police officer (such as erratic driving, watery, bloodshot eyes, unsteadiness on feet). Operation means sitting behind the wheel of a motor vehicle when the vehicle is moving or the engine is running, with the intent to move the vehicle. Operation can be proven by circumstantial evidence such as a person found unconscious or sleeping behind the wheel.
  
  
  Intoxication Tests
  There are three types of tests an officer will usually seek to perform on a person suspected of driving while intoxicated: a field sobriety test, a screening test, and a chemical test. Field sobriety tests (finger-to-nose, one-leg stand, walk and turn, and gaze nystagmus) are premised on the fact that intoxication affects physical coordination and mental capacity. A screening test (Alco Sensor) is a portable breath test designed only to determine the presence of alcohol in a person's blood but not the concentration. Chemical tests (Breathalyzer, blood, urine) are designed to determine the percentage of alcohol in a person's blood. The Breathalyzer is by far the most common chemical test administered and has been recognized by New York courts as scientifically reliable. Nevertheless, how a Breathalyzer test is administered, as well as the calibration and maintenance of the Breathalyzer machine itself, can substantially affect the results.
  A chemical test must be administered within two hours of either the time of arrest or the time of a positive screening test, whichever is later.  Although the law does not require a suspect to submit to a field sobriety test, drivers in New York are deemed to have given consent to screening and chemical tests. A driver may still refuse to take a chemical test but may face a mandatory license revocation for six months as a consequence.
  
  Drinking Driver Program
  Dispositions for drunk driving cases usually include participation in the New York State Drinking Driver Program. The program consists of a series of seven classes totaling a minimum of fifteen hours which are designed to deter future violations through education. The program provides the violator a conditional license to travel to and from work, school, medical exams, and other essential activities. Once a person has participated in the program, he may not do so again for a period of five years.
   
  Vehicle Forfeiture
  In 1999, the New York City Police Department began commencing forfeiture actions of the automobiles driven by people accused of driving while intoxicated. The basis of this policy is that the vehicle is the instrumentality of a crime and is, therefore, subject to forfeiture under the New York City Administrative Code. A forfeiture action is a civil lawsuit brought by the Police Department, and is a completely separate proceeding from the underlying criminal case which is prosecuted by the District Attorney. The New York City Police Department's Forfeiture Initiative has been upheld as constitutional despite challenges that the Initiative was prohibited under state law, that forfeiture constituted an excessive fine and that forfeiture violated due process requirements for taking property.