Rochester DWI Lawyers
- Shramek, William:
DWI/DAI
DRUG CRIMES
THEFT
ROBBERY
ASSAULT
FRAUD
CHILD ABUSE
CRIMES OF VIOLENCE
TRAFFIC OFFENSES
- Natalie, Jen:
5 questions to ask your DWI lawyer before court
There are 5 questions you should ask your lawyer before you go to court for a DWI.
1. Is there an offer from the District Attorney before the trial to plead to a lesser charge?
2. If the lesser charge offer is not acceptable to you do you have to go to trial or are there other options?
3. Would the trial be a judge or jury trial?
4. How much will the attorney charge you for a trial and how long will it take?
5. What happens if at trial you are found guilty - do you lose your license, recieve jail time, can you appeal, etc. . .
- Gelb, Hersch:
* DWI Charges Including Misdemeanor, Gross Misdemeanor & Felony DWI Defense
* Crimes of Violence, Including Assault, Battery, Domestic Assault and Robbery
* Drug Charges, Including Manufacturing, Possession and Sale of Controlled Substances
* Theft Cases, Including Identity Theft, Check Forgery and Credit Card Fraud
* Serious Felonies, Including Arson, Manslaughter, Murder and Criminal Sexual Conduct
* Expungement of Minnesota Misdemeanor, Gross Misdemeanor and Felony Offenses
* Court Trials, Jury Trials, Juvenile Cases, Appeals and Probation Violation Hearings
- Shapiro, Robert:
As far as general advice is concerned, I have a lot of people contacting me on a daily basis asking me general questions as to what to do in a certain situation or what their rights are if something were to come up. The best advice I can give to them is to keep your mouth shut. You have no obligation to answer a police officer's questions except as to give them your name and address and show them your driver's license if it is requested. You do not have to consent to the search of your home or your car at any time whatsoever. Do not obstruct an officer in an investigation or you will be arrested for that. Always be polite and respectful. Stay calm, if possible, and don't let your facial expressions or body language give a police officer any additional suspicion above and beyond what they already have.
If a police officer is going to arrest you do not resist. Insist upon talking to a lawyer and politely tell the officer that you are not going to talk to them without a lawyer being present. I can assure you that if you give any police officer "lip" you will be arrested.
The fifth amendment to the United States Constitution as well as your own state's constitution gives you the absolute right to remain silent. Avail yourself of that right and keep your mouth shut. Cooperate with the police by giving them your name and address and any other documents they want and keep your mouth shut. If you have a family lawyer or criminal lawyer that you are working with ask to call that person. If you are going to be arrested, the more courteous you are to the arresting officer the better chance you will have of being released without bail by most judges. You are not committing a crime by refusing to answer questions but you can be arrested for not properly identifying yourself.
Remember police can not search your home without your consent unless they have a search warrant. The same is true for your car unless there is something in plain view which gives them reasonable suspicion to go and search your vehicle. Therefore, contraband should not be left in plain view.
- Burke & Burke:
These offenses can include:
* DWI (driving while intoxicated)
* DUI (driving under the influence)
* DWAI (driving while ability impaired)
* DWAI (drugs)
* Refusal of a Breathalyzer test
* Suspension or revocation of your driver's license after a drunk-driving charge
A DWI or DUI (DWAI) conviction can have a catastrophic impact on your life, including loss of your driver's license or skyrocketing insurance rates, inability to get certain jobs or apartments, and even jail.
- Ashcraft, Franklin, Young & Peters:
* Drunk driving: driving while intoxicated (DWI), driving under the influence (DUI)
* Juvenile offenses: DWI, underage drinking, shoplifting, vandalism, assault, drug charges
* Vehicle and traffic offenses: speeding, driving with a suspended license and similar charges
* Drug offenses: possession, trafficking, manufacture, sales, distribution
* Property crimes: theft, shoplifting, burglary, car theft
* White collar crimes: fraud, larceny, embezzlement
* Violent crimes: assault, battery, robbery, kidnapping, homicide
* Arson
* Sexual offenses: rape, abuse, assault, solicitation
* Weapons charges
* Domestic violence: assault, abuse
* Homicide: murder, manslaughter, attempted murder
- Goewey, Brian:
wide range of traffic-related offenses, including
* DWI (driving while intoxicated) or DUI (driving under the influence). I handle the defense of drunk driving charges involving college students, as well as individuals who have a Commercial Drivers License (CDL). I will represent you in all matters related to the suspension of a CDL for drinking and driving.
* Speeding
* Reckless driving
* Operating a motor vehicle without a license, including aggravated unlicensed operation (resulting from failure to respond to a traffic ticket)
* Operating a motor vehicle without insurance or registration
- Romeo & Schmidt:
In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.
While a blood test is arguably more reliable, the breath test for BAC is more commonly used in the field because the testing equipment is convenient to transport and because the test is easier to administer, can be used by nonmedical personnel, is less physically intrusive to the person taking the test and produces results faster. However, under certain circumstances, breath tests can be less than reliable as an accurate measure of BAC.
It is in the best interest of a drunk-driving defendant to retain a criminal-defense attorney who is thoroughly familiar with possible breath-test weaknesses.
History and Science of the Breath Test
The Breathalyzer¨ was invented in 1954 to collect evidence of intoxication by measuring BAC through breath analysis. Since that time, several manufacturers have entered into the breath-analyzer market and the science behind the machine has evolved. The word "breathalyzer" is now widely used to refer to these apparatus regardless of manufacturer. Other terms used to refer to these devices include evidential breath tester (EBT), breath analyzer, breath-analysis product, breath-alcohol analyzer and breath-testing device or machine. In addition to Breathalyzer, common brands include Intoxilyzer¨ and Intoximeter¨.
In very basic terms, the breath-test machine is designed to measure the amount of alcohol in a deep-lung breath sample and to use that amount to determine BAC. The four main scientific methods used in the various machines are chemical analysis, infrared spectrophotometry, gas chromatography and fuel-cell detection.
Breath-Test Vulnerabilities
A drunk-driving defendant, usually through an experienced attorney and often with the help of a scientific expert, may be able to challenge the breath-test results in his or her case. Several different factors may call into question the reliability of the results. Depending on the law of the state in which the drunk-driving charges were filed, evidence of a problem with the test result could make the BAC reading inadmissible in court or, if the BAC is still admissible, could cast serious doubt on whether the reading is reliable.
Arguments a drunk-driving attorney may make to undermine the breath-test results:
* The breath tests' assumption of a 2100-to-1 blood-to-breath ratio may not be scientifically reliable.
* The test was not administered correctly; for example, the administrator did not warm up the machine to the correct operating temperature or ensure an adequately deep lung sample.
* The test administrator was not properly trained or qualified.
* The equipment was not maintained properly, calibrated correctly or cleaned adequately.
* The result was affected by some characteristic of the driver, such as age; lung function; overall strength and size; a disease or condition such as asthma, diabetes, eardrum rupture, ketosis, emphysema, bronchitis, dental issues, fever or harelip; shock or trauma; certain types of special diets; or hiccoughing, burping, vomiting or hyperventilating. Even severe heartburn could have made the breath results unreliable.
* The test administrator did not continuously observe the driver for an adequate period before the test to prevent him or her from putting anything into his or her mouth that could affect the result. For example, a product used in the driver's mouth, such as mouthwash or adhesive, or lip ointment could have affected the test result.
* Police radio operation generated electromagnetic waves, causing radio frequency interference (RFI) with the testing equipment.
* The driver was exposed to a gas or vapor before the test that made it unreliable, such as during painting, floor sanding, varnishing or other activity with chemical exposure. Similarly, an outside environmental cause in the surrounding air could have caused a high breath test result.
This long list of potential problems with breath test results is not close to complete. If a person charged with drunk driving is able to show that something affected the reliability of his or her test results, the state will need to rely more on other types of evidence to prove intoxication. Other types of evidence on which the state may need to rely include witness, officer and driver statements; witness and police observations; or field-sobriety test results.
Conclusion
If your situation involves a breath test to measure BAC, an experienced attorney who is thoroughly familiar with proper testing procedure and the science behind the test may be able to provide valuable assistance.
Copyright ©2007 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
- Scibettta, Michael:
If you are injured or arrested or facing a DWI in Rochester, New York or the surrounding areas, make the right choice...hire an experienced criminal defense attorney...
- Rumi, Ferris:
DWI-Drunk Driving & License Suspension charges can have various
consequences. Expensive court fines and costs, attorneysÕ fees,
skyrocketing insurance rates, and the loss of driving privileges are
just a few. Field sobriety tests, breathalyzer results, and blood samples are not incontrovertible and can be challenged successfully in a court of law. Even the premise for stopping you may have been illegal.
- Thomas Chorletta:
The defense of Driving While Intoxicated cases is a distinct, technical
area in criminal law. DWI cases have special procedural and evidentiary
rules, and are prosecuted differently--as opposed to so-called "regular
crimes," by local District Attorney's Offices sensitive to public
awareness of the problems of drinking/driving.
The defense of drinking/driving cases is evolving, requiring the
practitioner to stay current with evolving police techniques in field
sobriety and breath testing. This also involves knowledge by the
practitioner of the scientific principles underlying breath and field
sobriety testing, so as to effectively challenge the results of those
tests.
While the layman may believe the typical DWI case is "open and shut,"
there are many avenues of attack, both from a procedural standpoint,
and from the standpoint of challenging the admissibility and quality of
the evidence presented.
- Thomas Anelli:
After you have been charged with a violation
related to alcohol or other drugs, it is
important for you to retain representation.
You may represent yourself in court, but
it is not recommended as this kind of violation
is complicated. You could find yourself
in jail very quickly if you are unsure of
what you are doing. The following are the
drug and alcohol related violations in New
York State:
- DWI: Driving While Intoxicated;
.08 BAC or higher or other evidence of
intoxication
- DWAI: Driving While Ability Impaired
(by alcohol); .05 BAC to .07 BAC, or other
evidence of impairment.
- DWAI / Drugs: Driving While Ability
Impaired (by a drug that is not alcohol).
.
- Zero Tolerance Law: A driver who is
less than 21 years of age and who drives
with a .02 BAC to .07 BAC violates the
Zero Tolerance Law.
- Chemical Test Refusal: A driver
who refuses to take a chemical test (normally
a test of breath, blood or urine) can
receive a driver license revocation and
must pay a $300 civil penalty ($350 for
a driver of commercial vehicles) to apply
for a new driver license. A driver who
refuses a chemical test during the five
years after a DWI-related charge will
have their driver license revoked for
one year and must pay a $750 civil penalty
to apply for a new driver license
To explain, alcohol concentration is defined
as the number of grams of alcohol per 100
milliliters of blood, the number of grams
of alcohol per 210 liters of breath, or
the number of grams of alcohol per 67 milliliters
of urine. It should be noted that each of
these three tests is different and conflicting
results can occur. This means that potentially,
your urine test could find you innocent
while your breath test could find you intoxicated.
It is important to note that the legal
limit of .08 is determined at the time the
test was administered, and usually this
is not at the time of driving. It can be
anywhere from 30 to 75 minutes later. Therefore,
a test reading can be off, in relation to
whether the driver was intoxicated while
driving, which is the crime. In other words,
if you had two drinks in 30 minutes, then
left right away, chances are your BAC would
not register the two drinks if you were
pulled over. It would probably only register
one. However, you would not be given the
breath test right there, but instead, at
a later time when your BAC could be higher
since your body has had time to process
the alcohol. As a result, you would be charged
with a DWI even though when you were actually
driving, your body had not registered the
alcohol yet and you were not influenced
by it.
- Thomas Corletta:
The defense of Driving While Intoxicated cases is a distinct and
technical area in criminal law. DWI cases have special procedural and
evidentiary rules, and are prosecuted differently--as opposed to
so-called "regular crimes," by local District Attorney's Offices
sensitive to public awareness of the problems of drinking/driving.
The defense of drinking/driving cases is an evolving one, requiring the
practitioner to staycurrentwith evolving police techniques in field
sobriety and breath testing. This also involves knowledge by the
practitioner of the scientific principles underlying breath and field
sobriety testing, so as to effectively challenge the results of those
tests.
While the layman may believe that the typical DWI case is "open and
shut," there are many avenues of attack, both from a procedural
standpoint, and from the standpoint of challenging the admissibility
and quality of the evidence presented.
- Brian Buettner:
The Controlled Substances Act (CSA) is the federal authority for
regulating the manufacture and distribution of drugs and other
controlled substances. In an effort to uniformly prevent and punish the
abuse of drugs, CSA places regulated substances into one of five
schedules, ranging from the most dangerous drugs in Schedule I to the
least dangerous drugs in Schedule V. w
- Michelle Nobile:
DWI:
1. Have your traffic tickets handy. 2. Try to remember exactly
what happened, why you were pulled over, what the officer asked you
and what you said or did. If you took the breath test, try to
remember what your BAC reading was. 3. List all prior
convictions, except minor traffic offenses. This includes all other
criminal charges. 4. List any outstanding charges, including
traffic tickets, parking, etc. 5. Know your current status: are
you on parole, out on bail, if so, how much? 6. List each time you
were in court on this charge, what happened and if anyone gave your
any papers or if they were mailed to you. Keep the envelope or
make a note of when you received what and bring everything with
you. 7. When is your next court date, in which court are you to
appear and who is the Judge?
- Napier &
Napier:
If you are arrested for a DWI, it is important that you contact
us immediately. A Felony DWI Diversion program may allow you to
have charges reduced from a felony to a misdemeanor.
- Fiandach's NY DWI.com:
Choosing a lawyer requires you to
recognize a stark fact. If you have been
charged with "DWI", you have been charged
with a crime. If you are convicted, not
only may you go to jail, but at a minimum
you will carry a criminal record for the
rest of your life. Even if it is only your
first time. This means that if you ever
change jobs, you will have to answer "yes"
to the question, "have you ever been
convicted of a crime." Further, you may
have to supply details. It is a well
recognized fact that given the choice of
two otherwise equal applicants, employers
will not choose the one who has "an
alcohol history."
- Todd Wisner:
A defendant convicted of any violation of New York's
Vehicle and Traffic Law ¤1192 will face adverse
consequences to his drivers license, a fine, increased
insurance rates for several years, and a record with the
Department of Criminal Justice Services for life. In
addition, the defendant faces the possibility of
incarceration, the length of which depends on the charge.
While incarceration is more probable in misdemeanor and
felony convictions than with a criminal violation of
¤1192(1) (more colloquially referred to as Driving While
Ability Impaired) even though even that charge carries with
it up to 15 to 30 days incarceration. New York laws in this
area are subject to frequent change and we ask that you
call for an appointment to discuss what penalties you might
presently face.
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