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

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

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.

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.

What Is The DWI Implied Consent Rule In New York?

carl — Sun, 13 Nov 2011 22:17:30 +0000

In New York a police officer is permitted to request a motorist to submit to a chemical test and the law provides that:

Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following:

1. Breath,

2. Blood

3. Urine, or

4. Saliva, for the purpose of determining the alcoholic and/or drug content of the blood.

When an authorized request is made, a motorist is then said to have given his or her “implied consent” to submit to the chemical test.

A refusal to submit to a test after a proper request carries mandatory administrative consequences involving the loss of driving privileges and a civil fine (regardless of the outcome of any related DWI or DWAI charges in court) and in the event of such a refusal the police officer or district attorney may apply to a court asking it for an order to compel the motorist to submit to a chemical test.

In order for a police officer to lawfully request a chemical test from a motorist the police must have a legal reason to pull over your vehicle in the first instance.

Our attorneys are skilled and experienced to analyze your case and to help you fight your case. We are able to cross examine police officers in the areas that require great skill and knowledge. As former prosecutors we know where to look for the weaknesses of each case presented by the police.

If you have been arrested or charged with a DWI in New York, call the 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.

Can A New York Refusal Hearing Be Postponed?

carl — Sun, 06 Nov 2011 19:11:39 +0000

Refusal hearings in New York are held in a local Department of Motor Vehicles office such as the local New York City office located at 19 Rector Street 2nd Floor New York, New York. These hearings are conducted by Hearing Officers also known as Administrative Law Judges.

Refusal hearings are usually scheduled within two weeks of your DWI arrest in New York. Motorist should attend and actively participate with their attorneys in the preparation of and in the refusal hearing itself.

A motorist is entitled to attempt to adjourn (postpone) a refusal hearing by contacting the hearing officer responsible for their particular hearing or by contacting the Safety Hearing Bureau or the Division of Vehicle Safety.
In order to be successful in the attempt to obtain a postponement of your refusal hearing the request must be:

1. Received by the DMV at least 7 days prior to the scheduled date of the hearing,
2. No prior requests for a postponement were made,
3. The request is made for good cause.

The granting of the postponement is discretionary and not automatic. Therefore, the postponement is not guaranteed.

If an adjournment (postponement) of your refusal hearing is granted this does not lift the suspension that was imposed by the judge. The suspension pending the results of the refusal hearing continues and the additional suspension time will not be credited towards any revocation period ultimately imposed by the DMV for the chemical test refusal, if there is one.

A motorist is entitled to bring with them an attorney to represent them at this hearing. Our law firm has represented many clients before the DMV. We strongly suggest that you call our office to discuss retaining our services for the refusal hearing. Do Not Go It Alone!

Consequences Of Driving Without An Ignition Interlock Device Installed In New York

carl — Sat, 05 Nov 2011 04:18:23 +0000

In New York if you are convicted of a DWI you will be required by law to have an ignition interlock device installed into your vehicle.

The cost to install the ignition interlock devise is between $75 and $100.
There is a monthly fee to have and maintain the ignition interlock device which ranges from $70 to $100.

If you have been ordered to have an ignition interlock device installed in your vehicle in New York, then driving a vehicle without an interlock device is a Class A misdemeanor, punishable by up to one year in jail.

Assisting someone in circumventing an interlock device – for example, blowing into the device while sober so the vehicle will start, allowing an intoxicated individual to drive – also is a Class A misdemeanor.