New York State (NY) DWI DWAI DUI Attorney – New York City (NYC) DWI DWAI DUI Lawyer

New York Operating A Motor Vehicle While Under Influence Of Drugs – Dismissed

carl — Sat, 12 May 2012 15:06:01 +0000

Our client was charged in New York with VTL 1192.4 Operating a Motor Vehicle While His Ability To Operate Such Vehicle Was Impaired By The Use Of A Drug, in this case Marijuana.

In this case the police had set up a Safety Checkpoint. When our client approached the checkpoint the police officer observed that our client had bloodshot eyes and that there was a strong odor of alcohol coming from our client. The officer reported that he ordered our client out of the car and that our client had bloodshot and watery eyes, was unsteady on his feet and was swaying. A breath test was administered and the results were 0.00%. Our client consented to a urine sample being tested. The results of the urine test were positive for THC Metabolite.

We requested that the Prosecutor turn over to us the video of the field sobriety tests.

After several conversations with the prosecutor and all of the police reports were turned over to us our client turned down an offer to plead guilty to Driving While Ability Impaired. Based upon the proofs provided, we supported our client’s decision to reject the lower offer. On the day the case was in court for hearing and trial the attorneys spoke with the prosecutor again. As a result of that conversation the prosecutor agreed to dismiss the DWI-Drugs and our client plead guilty to disorderly conduct a violation and NOT a crime. There was NOT ANY DRIVERS LICENSE SUSPENSION as a result. Our client did NOT have to do the DDP nor will he be subject to a surcharge or ignition interlock device.

ONE MORE VERY SATISFIED CLIENT!

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances. Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York DWI Reduced To Reckless Driving

carl — Wed, 02 May 2012 04:15:34 +0000

Recently we represented a client in New York that was charged with a DWI and had a refusal to take the breath test. After months of our law firm filing motions with the court to protect the rights of our client, against the prosecutor the case was ready for trial. After extensive negotiations with the prosecutor we reached a plea agreement which resulted in the dismissal of the DWI in exchange for a plea to reckless driving. As a result of the plea our client did NOT have any drivers license suspension. Our client held a CDL (commercial drivers license) and could not accept any plea to a DWI or a Driving While Ability Impaired (DWAI) because it would result in an administrative suspension of his CDL.

One more VERY SATISFIED CLIENT!

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances. Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

Another New York DWI Refusal Hearing Win

carl — Fri, 23 Mar 2012 04:40:03 +0000

At a recent New York DWI Refusal Hearing we successfully argued that the police lacked probable cause for the arrest. The refusal report was put into evidence during the hearing that was held at the New York Department of Motor Vehicles Hearing Office. We argued that the refusal report lacked the requisite specificity required to establish probable cause for the DWI arrest. The Administrative law judge agreed with our argument and “closed” the case.

As a result, our client who held a commercial drivers license kept his drivers license and his job.

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances. Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

NYC Office: 212 683 5912

Buffalo: 716 631 9999

Rest of State: 1 800 879 6410

In New York DWI Cases Why Do The Police Charge Two DWI Charges?

carl — Mon, 20 Feb 2012 00:08:16 +0000

In some cases in New York the police or the prosecutor will file DWI charges against a motorist which contain two separate DWI charges on the same case. This is common in cases with a breath reading and also common for refusal cases. The police and the prosecutors are charging you based upon two different legal theories.

The first theory is called the “Common Law DWI” theory. The second theory is called the “Per Se DWI” theory. We will talk more about the “Per Se DWI” theory in a later post.

With the “Common Law DWI” theory the police will try to prove that you are guilty of DWI beyond a reasonable doubt based upon their observations of the motorist. Below are some observational examples that the police often state:

1. Appearance – The police will report that the motorist had bloodshot and watery eyes and that they detected an odor of alcohol was coming from the motorist.

2. Demeanor – The police may report that the motorist was belligerent, sleepy or uncooperative.

3. Manner of Speech – The police will report that the motorist had slurred speech.

4. Motor Coordination – The police report that the motorist fumbled for their paperwork or had poor balance as they exited their vehicle or as they walked.

5. Performance on the Field Sobriety Tests – There are three standard field sobriety tests. The standard tests are the HGN, One Legged Stand and the Walk and Turn, however the police may employ other tests such as the Alphabet test and or the Romberg test.

The police will present to the court these factors which the prosecutor will argue rise to the level of DWI based upon the totality of the circumstances that the motorist voluntarily consumed alcohol to the extent that she is incapable of employing the physical and mental abilities which he is expected to posses in order to operate a vehicle as a reasonable and prudent driver.

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances. Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

NYC Office: 212 683 5912
Long Island: 1 800 879 6410
Buffalo: 716 631 9999
Rochester: 585 377 5504
Rest of State: 1 800 879 6410

Is The Odor Of A Alcoholic Beverage In New York Proof Of Intoxication

carl — Tue, 31 Jan 2012 01:18:42 +0000

In most if not all DWI cases in New York the police officer will indicate that they smelled an odor of alcohol coming from our client or from inside of the vehicle.

The odor of liquor on your breath is NOT proof of intoxication. While the odor of an alcoholic beverage constitutes evidence that a person has been drinking, it does not distinguish between a person who recently took a sip of alcohol, a person who had a couple of drinks, and a person who is intoxicated. Furthermore, it does not provide any guidance as to the actual effect of the alcohol on a particular person.

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances. Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

NYC Office: 212 683 5912
Long Island: 1 800 879 6410
Buffalo: 716 631 9999
Rochester: 585 377 5504
Rest of State: 1 800 879 6410

New York DWI – Removal Of Ignition Interlock Device

carl — Fri, 13 Jan 2012 23:34:31 +0000

If you wind up with an ignition interlock device installed in your vehicle you will want to know what is necessary to legally have it removed. The process is called de-installation. The installation or service provider can only remove the ignition interlock device after they have been given a Certification of Completion or a Letter of De-installation from the department of probation.

We are experienced New York DWI attorneys who know the law. We are here to protect your rights and your drivers license.

New York DWI Alert – Hudson River Crossings Step Up DWI Patrol

carl — Sun, 25 Dec 2011 01:38:35 +0000

The Port Authority of New York and New Jersey have announced a crack down this holiday season on DWI enforcement and aggressive driving at all the Port Authority crossings including the George Washington Bridge and the Holland and Lincoln tunnels.

The Port Authority police expect to deter drunk driving and to get drivers with suspended licenses and outstanding warrants

Refusal Hearing Success in New York

carl — Sun, 18 Dec 2011 01:24:03 +0000

We recently had a great result at a Department of Motor Vehicle Refusal Hearing which we would like to share with you. Our client was charged in New York with driving through a steady red light and a driving while intoxicated, DWI. After being pulled over by the police officer our client was placed under arrest. The Report of Refusal filled out by the arresting officer and submitted to the Administrative Law Judge at the refusal hearing indicated that our client had blood shot and watery eyes, and a odor of alcohol on his breath. The report also indicated that our client refused to take the breath test.

At the first scheduled refusal hearing the police officer did not appear. As a result we were able to get our client’s driving privileges restored. The refusal hearing was rescheduled for several months later. At the rescheduled hearing the police officer once again did not appear. As you know, if you have been reading our blogs, that at that point the ALJ can rely on the written reports submitted to the DMV to establish that the stop of the vehicle was lawful, that the arrest was based upon probable cause, that the refusal warnings were properly given and that in fact there was a refusal that took place.

Once the ALJ admitted the “Report of Refusal to Submit to Chemical Test” into evidence we objected by stating that the report was insufficient to establish probable cause that our client was driving while intoxicated. The ALJ agreed with our argument and “closed” the matter.

As a result our client won the refusal hearing, avoided any suspension, does not have to pay the $500 fine and does not have to pay the Driver Responsibility Assessment of $750 which is $250 per year for three years.

We are experienced New York DWI attorneys who know the law. We are here to protect your rights and your drivers license.

In New York What Happens At My Second DWI Refusal Hearing

carl — Thu, 01 Dec 2011 05:49:56 +0000

Very often in New York when we appear with our client’s at the Department of Motor Vehicles (DMV) office for a refusal hearing a few days after a DWI arrest, the arresting officer does not appear for the hearing. As a result, our client will get back their driving privileges without a hearing being held. The refusal charges are Not dismissed at that time. A new date will be set for a refusal hearing to actually take place. No actual date is given for the refusal hearing at that time but a new date is sent in the mail for the refusal hearing to take place, usually within three months.

These are the issues at the refusal hearing:

1. Did the police officer have reasonable grounds to believe that you had been driving while intoxicated,

2. Did the police officer make a lawful arrest,

3. Where you given sufficient warning, in clear and unequivocal language prior to the refusal that a refusal would result in the immediate suspension and subsequent revocation of your license or operating privileges whether or not you where found guilty of the DWI,

4. Did you refuse to submit to the chemical test.

If all four elements are not established then your suspension is terminated and your privileges to drive in New York are reinstated.

If the police officer fails to appear at the second scheduled refusal hearing does the motorist automatically win? Not so fast. The unfortunate answer is no. The Administrative Law Judge (ALJ) can conduct the refusal hearing without the police officer appearing in person for the hearing. The Administrative Law Judge can review the police officer’s reports, specifically the Report of Refusal and any other relevant evidence that has been submitted to the DMV. As a result of his review of these reports, the ALJ may make a finding against the motorist and determine that all the proper steps were taken by the police officer to prove the refusal to take the breath test.

What is the motorist to do to avoid this result? At the second refusal hearing, if the police officer fails to appear, the motorist is entitled to an adjournment to subpoena the police officer for purposes of cross-examination. Then, if the police officer fails to appear at the refusal hearing, then the charges will be dismissed.

We are experienced New York DWI attorneys who know the law. We are here to protect your rights and your drivers license.

Out Of State Licensees With New York DWI Charges

carl — Sat, 19 Nov 2011 19:31:02 +0000

Nearly all states around the country report alcohol and drug related driving convictions back to the driver’s home State.

If you are charged with DWI (driving while intoxicated) in New York and hold a license from another state, if convicted of an Aggravated DWI, DWI or DWAI (driving while ability impaired) that judgment of conviction will likely be reported back to your home state’s Motor Vehicles Commission or DMV.

So not only will you be subject to penalties from New York, you will also be open to penalties from your home state as well.

Therefore, you must take an active interest in the outcome of your New York DWI case and choose an attorney that can effectively discuss all of your options including contesting the DWI charges in New York.