Skilled trial counsel is essential at every stage of a DWI case to preserve your rights. Many people believe that an appeal can cure any mistake that may have occurred in the lower court. This is not how New York appellate courts operate. An appellate court will only consider issues that have been preserved for review.
For example, in a recent case, a driver appealed his conviction for aggravated DWI on a number of grounds. The driver’s appellate lawyer argued that the accusatory instrument contained hearsay allegations. The Court held the issue was unpreserved for review and did not...
The Fourth Amendment to the United States Constitution guarantees the rights of the people to be free from unreasonable searches and seizures. The Fourth Amendment protects against arbitrary arrests and is the basis of the law on search warrants, wiretaps, and other privacy law. It is a central concern of criminal prosecution and defense.
For a DWI case, the Fourth Amendment's protection from arbitrary arrests applies to the reason why a police officer stopped a vehicle. An officer will stop a vehicle for some suspected violation of the Vehicle and Traffic Law, for example...
Scientific evidence is not required to prove DWI. That means refusing the test does not defeat the charge.
Words used in a legal context often have meaning different from the ordinary usage. For example, in New DWI law, a person may be found to "operate" a vehicle even if the car never moved. Or a person sleeping at the wheel of car may have operated that car. The DWI law is complex and it is important to find the right DWI lawyer to defend your case, call A&B.
This article describes the restricted use license and gives the forms and links to apply for the license.
Having a Hearing Can be Valuable Even When Lost
I have had clients, and some attorneys, who ask me, “Should I go forward with a refusal hearing?”—and despite the fact that they are unlikely to win, I tell them that I believe that they should in most cases. Participating in a refusal hearing is an excellent way to get free discovery and to cross-examine the police officer about the underlying conduct in the case—both in terms of how your client was interacting with the officer and the officer’s observations of your client.
As a result, I tell my clients...
On July 1, 2015, the Buffalo Traffic Violations Bureau ceased handling traffic cases for the traffic tickets issued in the City of Buffalo. Instead, the tickets will be handled by the newly formed Buffalo Traffic Violations Agency located in Buffalo City Hall.
This is very good news for drivers with traffic tickets in the City of Buffalo.
The Difference Between a Roadside DWI Test Refusal and Police Station DWI Test Refusal
The chemical/breath test that is commonly called the Breathalyzer test is typically performed at a police station. It should be noted that there are two levels of refusal with respect to chemical testing in New York. The first is refusal on the side of the road, which means refusing to take what is commonly called the screening test; the results of this test are inadmissible at court in any case.
New York Vehicle and Traffic Law §1192 defines the the offense of DWI in two different sections:
2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of VTL § 1194.
Subsection (2) allows the police and prosecution to charge a DWI based on a chemical test. All drivers in New York have given implied consent to the police to submit...
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“Arraignment” means the occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action. NY CPL § 1.20 (9).
The arraignment is generally the defendant's first appearance in court and when the defendant enters a plea, typically not guilty. The judge also determines whether the defendant will have to...
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Florida will record points and convictions from New York as if the offense occurred in Florida. It is therefore important for Florida drivers to fight tickets as if they were back home.
Pennsylvania DMV does not assign points if a moving violation is committed out-of-state. But your insurance company could learn of the conviction and raise your premiums. There are also extra New York DMV penalties to consider. Learn more.
An Ohio driver convicted of a moving violation in New York will not acquire points on their Ohio license. However, the conviction will appear on the Ohio driving record, where your insurance company might consider it.
New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge.
The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few.
If you are currently charged with a DWI in New York and have...
Most states share information about traffic convictions. This means that every driver has an interest in minimizing the severity of all tickets. No matter where you are from, Don't Plead Guilty By Mail. Learn more.
Massachusetts will record certain New York traffic convictions on your Massachusetts driving record as if they happened in Massachusetts.
Most New York traffic convictions are not likely to be added to MD record. But your insurance company will likely discover a NY conviction, it is still important to reduce it.
The Child Passenger Protection Act known as Leandra’s Law amended the Vehicle and Traffic Law and the Penal Law to establish a new Class E felony related to driving while intoxicated with a child as a passenger. The law also requires that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices.
The law is named in memory of Leandra Rosado, an 11-year-old who was killed in a car accident in Manhattan in 2009.
The New Felony DWI Charges
First-time offenders charged with driving while intoxicated (.08 BAC or more) or with DWI...
DWI is a serious charge for all drivers but for drivers holding a Commercial Driver License (CDL)* it presents additional consequences and considerations.
CDL in Jeopardy Even When Driving Personal Vehicle
In the past, the only time a DWI conviction could affect a commercial driving license was if the driver was actually operating a commercial motor vehicle at the time of the offense. Nowadays, CDL holders should be aware that their CDL is in jeopardy whether driving a commercial motor vehicle or their personal car/truck, all-terrain vehicle, snowmobile, or boat.
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The latest Supreme Court decision of Maryland v. King has brought many questions from our clients, friends, and collogues in regards to what the ruling means for New York residents. Our response to these numerous inquires is as follows:
DNA testing has been commonly collected for those convicted of a crime. In fact, All 50 states require DNA collection of those convicted a felony. In addition, New York has passed a bill that will allow police to collect DNA from anyone convicted of a crime (felony or misdemeanor) within the state, including those convicted of DWI.
In recent years some states...
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