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New York City DWI Lawyers

1. Carney, John: Driving while intoxicated (DWI, also known as DUI) charges carry serious consequences in New York City. In addition to higher insurance rates, you could face: * The loss of your driver's license * The loss of your car under the state's mandatory seizure and forfeiture guidelines * Up to a year or more in jail * Years of counseling fees * Huge fines * The cost and inconvenience of an ignition interlock device Related Charges Under a new state law, if you are found drinking with a child in the car, your car will be seized and sold under forfeiture guidelines, and you will be charged with a felony. You can also be charged even if your blood alcohol content (BAC) is not .08 or higher. If you are found to be under the influence of any illegal substance or prescription drug, you can be charged with driving while ability impaired by a single drug other than alcohol (DWAI). Felony Charges Your second arrest within 10 years is an automatic felony charge. With any felony charge, you can face the permanent loss of your driver's license and a state prison sentence of up to seven years. If you injure someone while drunk driving, your charges can include vehicular manslaughter, which carries even harsher penalties. Felony convictions can jeopardize your way of life. You could lose your job. With a felony record, you cannot possess a weapon, vote, have a liquor license, or be bonded or insured.
2. Redenburg, Michael: If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. Even more than that, you need someone with a thorough knowledge of the complexities of DWI law to fight for you. There are literally hundreds of legal defenses that can help you fight the charge or get your case thrown out altogether..
3. Crotty & Saland: * White Collar Crimes * Identity Theft * Computer Crimes * Violent Crimes * Drug and Narcotics Crimes * Escort Services, Prostitution and Unlicensed Massage * DWI * Juvenile Crimes * Desk Appearance Tickets (D.A.T.) * Bench and Arrest Warrants * Probation Violations
4. Weiss & Associates: Even a New York traffic lawyer can get confused as to how to calculate how many points a motorist has on his or her driver license. The rule is simple. A motorist is allowed up to 10 points within any 18-month period. Applying this rule to a motorist's record who has a NY traffic ticket problem presents the challenge, however. For DMV purposes, the first issue is when do the points start to run and when do they end. Points start to run from the date of offense and no longer count 18 months thereafter. For instance, let us assume a motorist is convicted on March 1, 2008 of a New York speeding ticket 71/50 (6 points) occurring on January 15, 2007. On March 1st, 2008 (the date of conviction), the Department of Motor Vehicles will assign 6 points to that driver's license. Those 6 points will count retroactively back to January 15, 2007 (the date of offense) and will remain on that driver's license until July 15, 2008, 18 months later. The part that an experienced New York traffic attorney knows to do next is often missed by motorists. In particular, for the above example, to determine how many points the driver with the January 15, 2007 New York speeding conviction now has, he or she will have to add up the total points from 18 months before the date of offense and 18 months after the date of offense. The trick is that there are two 18-month periods which must be examined. That is, using the January 15, 2007 date of offense in the above example, you need to count how many points were assigned to the driver between July 15, 2005 and January 15, 2007 (the first 18-month period) and how many points were assigned between January 15, 2007 and July 15, 2008 (the second 18-month period). If, during either 18-month period, the driver has more than 10 points, he or she is in jeopardy of being suspended for having too many points. Note, in this example, the second 18-month period has yet to be completed (i.e., it ends July 15, 2008) and any future tickets received on or before July 15, 2008 will be added to the total. Another note, a driver with a New York traffic ticket point problem can take a driver safety class and consequently receive 4 points off his or her record. The points will only be deducted for points already assigned to the motorists record or for subsequent convictions for tickets which were issued prior to the date the motorist took the class. Finally, the point calculation rules for insurance purposes are very different. For insurance purposes, points are measured from the date of conviction (not the date of offense) and will be used to determine whether to increase a motorist's insurance rates for 36 months from the date of conviction.
5. Talkin, Muccigrosso & Roberts: Under the New York State Vehicle and Traffic Law, Driving while Intoxicated is a crime. When going into criminal court to defend yourself against these serious charges, you should have the best representation available to you. The potential penalties as a result of a DWI conviction involve jail time, probation, fines, license revocation and community service. Along with the potential criminal penalties, a DWI prosecution brings with it many collateral consequences. First, your permission to drive in New York State may be suspended while your case is pending. If the arresting officers say that you refused to take the breathalyzer offered to you, your license will be suspended immediately. You are then entitled to a hearing at the Department of Motor Vehicles where you may get your license back. Obviously, this hearing is important and you should be accompanied by an experienced attorney. In addition, the New York City Police Department, and other jurisdictions, frequently impound the vehicles involved in DWI arrests. If that is the case, they will move to forfeit the vehicle. Once again, this consequence is very significant and should be handled promptly and thoroughly by a competent attorney. Because of the complicated issues involved and the science which is introduced as evidence in a DWI prosecution, you should be represented by a law firm that has handled with these issues on a regular basis.
6. Zenon, Greg: Questioned by the police? Arrested or arraigned? Ready for trial? You need an experienced criminal attorney.
7. Prestia Law Firm: Have you or a family member been arrested and charged with a crime? Anyone that has, knows that it can be a long, arduous process Ð from spending a night in jail, to going back and forth to court waiting to resolve your case. Not to mention the fear of being convicted and having a criminal record or worse Ð going to jail. To assist you in this, you need an attorney you can talk to and rely on to fight for your rights and to ensure the best results possible for your case.
8. Goldberg & Allen: A DWI or DUI charge is one of the most common outcomes of an encounter with New York City police, impacting people from all walks of life under a vast range of circumstances. What was once a relatively minor offense has extremely serious consequences today. After a drunk driving arrest, taking your chances on your own or with an inexperienced attorney is a major risk.
9. Damien, Javier: Limits on Travel as a Consequence of DUI/DWI Conviction Various problems can occur after receiving a driving under the influence (DUI) or driving while intoxicated (DWI) conviction. One of the potential problems that many people do not realize is possible limitations on travel. Many countries classify any crime as a reason to refuse or limit your entry into their country. Most often, foreign governments will only ban you for travel if the offense is a felony. For lesser charges such as misdemeanors, there is often a five year or longer time period during which the country limits or restricts travel. Fortunately, the overwhelming majority of DUI and DWI convictions are misdemeanors. Generally, a felony conviction for DUI or DWI only occurs for individuals who have previous DUI or DWI convictions or individuals who caused death or serious injury in a collision. If you are planning international travel and have been convicted of a DUI or DWI offense, you should contact an attorney immediately. Frequently, an attorney can facilitate an application for limited admission to the country where you plan to travel. However, as admissions often require a great deal of paperwork and time you should begin the process well before your travel dates.
10. Southard, Richard: When can a police officer lawfully arrest me? A police officer may arrest you if he is acting under the authority of an arrest warrant. If the officer has no warrant, he must have probable cause to believe that you committed or attempted to commit a crime. When making an arrest without a warrant, a police officer must tell you the reason for the arrest, unless you are in the act of committing the offense. Remember, it is a crime to resist an officer who is legally arresting you. What should I do if I am arrested? If you are arrested, consult an experienced criminal defense lawyer immediately. You owe it to yourself when you or someone you care about is accused of a crime to consult with Richard Southard. He has the experience of both sides. He knows how a prosecutor thinks and uses this experience to plan a successful defense strategy. Inform the arresting officer that you wish to call a lawyer as soon as possible. What are some of the rights I have if I am arrested? The right to remain silent is guaranteed in the Constitution. However, it is human nature for people to try to talk their way out of trouble. This rarely works when dealing with police officers. It is more likely that at trial, the prosecutor will try and use what you told the police against you. You have the right to speak with a lawyer prior to answering any questions. Exercise that right. Make sure you discuss with your attorney which questions, if any, you should answer. You also have the right to be free from unlawful searches. If the police violate this right, Mr. Southard will take the steps necessary to have this illegally seized evidence thrown out of court. You have a right to a fair identification procedure. Should someone identify you in a police arranged identification procedure, the police must use adequate safeguards to insure that the procedure was not unduly suggestive. If this right is violated, a judge may throw out the identification testimony entirely. How do I get out of jail once I have been arrested? In most arrests, you will be brought before a judge within 24 hours. The judge will listen to arguments from the prosecutor about whether you will have to stay in jail while you are awaiting future court dates. Richard Southard argues to the judge to have you immediately released from jail on the promise that you will return to court on the date and time specified. If a judge refuses, the judge may require that bail be posted as a condition of your release. Under the United States Constitution, the amount of bail cannot be excessive or arbitrary. You need to hire an experienced criminal attorney who knows which factors the judge will consider in setting the amount of bail, so that if bail is set, it will be an amount that you can afford. What is the Court process after my arrest? In New York, crimes are categorized by seriousness as felonies or misdemeanors. Typically, there are many court appearances, even without a trial. If you are being prosecuted for a felony crime, the prosecutor will present evidence to a grand jury, who will determine what charges, if any, you will be tried on. Richard Southard has presented numerous cases to the grand jury, while he was a prosecutor and he is well-suited to advise you about this process and to insure that your rights are protected at this stage. The burden of proof used by the grand jury is very low but the accused still have significant rights, such as the right to testify on their own behalf and tell the grand jury what happened. If the grand jury does not believe the prosecutor has sufficient evidence, the case can be over without the lengthy appearances and possibly without the expense of a trial. As the case proceeds, your lawyer will have frequent discussions with the prosecutor regarding the possibility of a plea bargain (settlement) in your case. Having been a supervisor in charge of approving plea bargains, Mr. Southard knows the factors that enter into a prosecutor's decision of how and whether to settle your case without the risk of trial. He understands that different jurisdictions have different policies on plea bargaining and uses his experience to insure that he gets his clients the best possible offers. For federal crimes, Federal Sentencing Guidelines and stiffer sentencing enhancements make both plea bargaining and going to trial more difficult and riskier. This current state of affairs makes it even more important to analyze and make the decision when to attempt settlement in the case. If a settlement cannot be worked out, you are entitled to have a "speedy" trial. If the prosecutor does not comply with this requirement, your case must be dismissed upon a motion by a knowledgeable attorney. How do I choose the right criminal attorney for my case? Hiring the right lawyer makes a huge difference in criminal cases. It is an important investment in protecting your rights, whether or not you decide to take your case to trial. Your liberty is at stake. Choose a lawyer with extensive trial experience. Mr. Southard's extensive trial experience enables him to determine the strengths and weaknesses of your case. He has the credibility with prosecutors to negotiate the best deal for you. While fees are certainly important, cost should not be the sole basis for choosing a lawyer. The old saying, "you get what you pay for" can certainly apply when dealing with lawyers. Research every potential lawyer. Ask about past accomplishments and criminal experience. Don't hire a lawyer that won't or can't answer your questions in terms that you understand. Hire an attorney that will explain your options to you without pressuring you. Hire an attorney that you can trust.
11. 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.
12. 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.
13. 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. A NY DWI is more than a simple appearance in court. At least it is if you don't want to be convicted. For example, do you know what defenses you can use to win your case? Or why your arrest may not have been legal to begin with? Or when is the best time to approach the prosecuting attorney to get the best deal if you just want to plead guilty and get it over with? Or what you must do to save your license even before your court appearance? What are the New York DWI laws?
14. 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
15. 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.
16. 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.
17. 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. An experienced criminal defense lawyer can make a significant difference in your case. Defense against DUI / DWI Charges The ultimate goal in any drunk driving case is of course to get all charges dropped. This may be possible if police made an illegal stop, used faulty equipment to judge sobriety, or made other procedural errors. But in a majority of cases, a full dismissal of charges is not realistic. New York police now have videotape every time someone is pulled over. Often, a defense attorney's goal is to avoid a conviction. Avoiding a conviction means avoiding jail time. It also means keeping your criminal record clear.
18. 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:

    1. Confiscation of a Vehicle
    2. Revoked or Suspended Driving Privileges
    3. Criminal Misdemeanor Charges
    4. Jail Time
    5. Mandatory Fines Ranging from $300.00 to $5,000.00
    6. State Mandated Alcohol Abuse Classes
    7. 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.

19. 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.
20. 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.