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Rochester DWI Lawyers

1. Weinstein Randisi: Criminal Defense
2. Redmond, Gregg: DWI and Traffic Charges HAVE YOU BEEN CHARGED WITH DWI? If you or someone you love has been charged with DWI, most likely this will be one of the worst experiences of your life. This is the most common unintentional crime committed in society today. You need the experienced guidance of an attorney well versed in this complex area of law. There are many facets to a DWI charges. On the criminal side, you may face penalties of loss of your driving privileges, fines, and possibly jail time. On the civil side, the Department of Motor Vehicles may impose civil penalties and conduct hearings to revoke your licence. If you take the Breathalyzer or submit to a blood test, you will be charged with two separate counts of DWI. The first charge would be Òcommon law DWIÓ or the inability to operate a motor vehicle as a reasonable and prudent driver. The second charge is ÒDWI per seÓ or having a blood alcohol concentration of .08% or higher. Aggravated DWI is a charge of having blood alcohol concentration of .18% or higher. DWAI can be charged when you have a .07% blood alcohol concentration or other evidence of impairment. If you are found guilty in criminal court of refusing to take the Breathalyzer or a blood test, your licence will be revoked for at least one year and you will be fined. The DMV will also impose a driver responsibility assessment for a DWI conviction or a refusal in the amount of $750 or $250 a year for three years. If you are convicted of a second DWI within ten years of your first violation, there are increased penalties in terms of fines and jail time.
3. Phillipone Law Office: Criminal Defense
4. Katzen, Lacy: Driving While Intoxicated (DWI) is a crime in New York State and the laws surrounding it are strict. The consequences of an arrest and prosecution for DWI are numerous. How an individual may be affected by a DWI arrest and/or conviction may also depend on the circumstances surrounding the arrest and conviction, such as whether it is a first offense, whether a motor vehicle accident occurred, or whether another individual is injured. A conviction for DWI, or the lesser charge of Driving While Ability is Impaired (DWAI), can result in the loss of your driver's license, cancellation of insurance, heavy fines and administrative fees, travel restrictions and incarceration in the county jail or state prison. An individual convicted of an alcohol related driving offense may be placed on probation supervision, may be required to attend a Court mandated drug and alcohol rehabilitation program, and may be required to perform community service. Certain convictions may result in the loss of various civil rights, such as the right to own fire arms and the right to vote. It is crucial to speak with a qualified attorney who is familiar with the current laws if you are faced with a DWI or DWAI arrest. A qualified attorney can guide you through a difficult, complex and sometimes lengthy Court process.
5. Dever, Richard: DWI and Criminal Defense
6. DWI-Rochester: Criminal-D.W.I. | Traffic Offenses | Real Estate | Estate Planning | Criminal Offense | Other Civil Legal Matters
7. Kennedy, Christian: ¥ DWI ¥ Criminal ¥ Misdemeanors & Felonies ¥ Personal Injury ¥ Family Law
8. Michalski Militello: The practical difference between a DWI and a DWAI is significant. A DWI conviction creates a criminal record that can make your next drunk driving case a felony. A DWAI conviction creates no criminal record and acts more like a serious traffic violation on your record. You should keep in mind, however, that a repeat DWAI will carry a heavier penalty, and a third within ten years can be charged as a criminal misdemeanor. It can also result in lifetime revocation of your license.
9. Rodeman, Christopher: In New York State, DWI charges are prosecuted under two separate legal theories. The first is Common Law DWI. That is when a law enforcement officer determines based on his observations of you that you were intoxicated. In other words, he uses any factor that you would use when determining if another individual was drunk. The second DWI theory is based upon an individualÕs blood alcohol content (BAC) and is known in New York State as ÒPer SeÓ DWI. The legal threshold in this New York is a BAC of .08 or higher. That means if your blood alcohol content is at that lever or higher, you are deemed to be driving while intoxicated. A BAC of .18 or higher is known as Aggravated DWI. If a person has a prior DWI conviction within the last ten years, the DWI he/she is currently facing is a E Felony. The law has recently changed and if you are driving with a BAC of .08 or higher with your kids in the car, it is an E Felony even if you do not have a prior DWI conviction.
10. Catalano Law Firm: If you are charged with DWI, it is important to get the best legal representation in place as soon as possible. Your driver's license and livelyhood are at stake. The DWI laws are constantly changing, and it is important to retain a firm that keeps up with the changes and stays a step ahead for the benefit of their clients. If you are ever charged with DWI, it is important to invoke your 5th Amendment Right to Remain Silent at once, and ask to speak to an attorney immediately. You should also politely, but firmly decline to take any field sobriety tests, chemical or blood tests. Do not waiver on this, regardless of the tactics used by police. Be polite, but resolute that you do not wish to take any field sobriety tests, chemical or blood tests.
11. Fulmer, Daniel: Driving While Intoxicated (DWI) Defense Whether you have been charged in New York with driving while intoxicated, aggravated driving while intoxicated, driving while ability impaired, driving while ability impaired by drugs, or driving while ability impaired by the combined influence of alcohol and drugs, you need to represented by an expereienced attorney; an attorney who is familiar with every facet and nuance of these charges.
12. Marchioni & Associates: Defending clients against criminal charges including DWI, family violence and drug charges, also appeals and sentences for clients. Criminal defense cases entail a wide variety of crimes, and specific criminal statues may vary from state-to-state. If youÕve been arrested for drug possession, theft, destruction of property or some other serious offense, you should speak to a criminal defense attorney as soon as possible. Talking with a criminal defense attorney is a rational way to evaluate misdemeanor and other charges, understand penalties and determine how to proceed during your case.
13. Korotkin, Alexander: Business > Commercial Litigation Personal > Bankruptcy-Personal Personal > Family Law Personal > Civil Litigation Personal > DUI Defense Personal > Criminal Law
14. Nobles, James: KNOW YOUR RIGHTS. WHAT SHOULD YOU DO... IF YOU ARE STOPPED IN YOUR CAR * Pull over to a safe area on the side of the road, turn off your car, and place both hands on the top of the steering wheel where they can be seen. Do not dig around in your car or glove box for paperwork until asked to do so. Only make slow, deliberate moves. * When asked, show your drivers license, registration and proof of insurance. * In certain cases your car can be searched without a warrant, as long as police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search. * If you are given a ticket, you should sign it; otherwise you can be arrested. You can always fight it in court later. * If you are suspected of drunk driving (DWI) and refuse to take a test (breath, blood, urine or field sobriety), your drivers license may be suspended and you may be arrested. However, this is still the best course of action if you think you are over the limit, as failing a chemical or physical test will only help the prosecution's case.
15. Shramek, William: DWI/DAI DRUG CRIMES THEFT ROBBERY ASSAULT FRAUD CHILD ABUSE CRIMES OF VIOLENCE TRAFFIC OFFENSES
16. 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. . .
17. 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
18. 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.
19. 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.
20. 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
21. 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
22. 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.
23. 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...
24. 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.
25. 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.
26. 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.
27. 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."
28. Wisner & 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.