DWAI Law

How long will my New York DWI case take?

DWAI Law — Fri, 27 Jan 2012 13:15:59 +0000

www.ithacadwi.com DWI cases can take from weeks to years to process depending on many factors. The facts of your case, whether you are going to trial, and which Court you are in can prolong or speed up the process. The attorney you pick can also decide how fast or slow things move. I have resolved some DWI cases before even the first Court appearance while others have gone to trial within a year. The first step is to have your case, and your specific situation evaluated as soon as possible. Immediately sizing up your DWI case, and then weighing out the benefits and detriments allows for clear decision making. Tolearn more about how DWI cases work in the state of New York, I encourage you to explore my educational website http If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call. Criminal Defense Attorney Larry Newman

Ithaca Cortland DWI Lawyer Understanding The Ignition Interlock Device

DWAI Law — Tue, 13 Dec 2011 13:10:59 +0000

www.ithacadwi.com On August 10, 2010 New York State law mandates the placement and monitor of an ignition interlock device in any vehicle you own and operate for all first time DWI offenses. The Ignition Interlock Device comes in three different varieties: Type 1: basic, Type 2: basic plus camera, and Type 3: camera and audio capture. Each county “monitor” decides the device type. NOTE: Only DWAI (driving while ability impaired), a traffic violation, and DWAI drug convictions do not mandate implementation of an IID. Tolearn more about how DWI and other criminal cases work in the state of New York, I encourage you to explore my educational materials at my blog and website: www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call.

Ithaca Cortland DWI Lawyer New York Sealing and Violations

DWAI Law — Sat, 29 Oct 2011 12:05:59 +0000

www.ithacadwi.com In New York, violations, such as disorderly conduct and traffic offenses, are not considered “criminal” convictions, and most (with the exceptions of specific violation-level convictions for loitering or VTL 1192 (1) DWAI (driving while ability impaired) ) may be sealed at the state level. Records relating to the original arrest (fingerprints, arrest photos, etc.) are sealed and destroyed, and the conviction will not appear on a DCJS rap sheet. Sealing a record under 160.50 will prevent the public from having access or seeing the records, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement. While fingerprints and mug shots (photographs) must be either returned or destroyed (absent the applicability of an exception), the “official records and papers” concerning the case are merely sealed. The sealing is secure, in that the statute specifically states that the records “shall be sealed and not made available to any person or public or private agency.” See CPL 160.55(c). I am a member of theNational College of DUI Defense and an author in Strategies for Defending DWI Cases in New York, 2011 ed.: Leading Lawyers on Understanding Today’s DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition west.thomson.com To learn more about how DWI, traffic violations, and other criminal cases work in the state of New York, I …

Understanding New York DWI Plea Bargaining

DWAI Law — Wed, 14 Sep 2011 12:05:59 +0000

www.ithacadwi.com Unfortunately under New York State law any criminal conviction will stay on your permanent record forever. New York State does not have an expungement statute. Many first time offenders just made a bad decision and judgement call. Depending upon the facts and circumstances of the charges, for first timers (to the Court system) these types of charges can be potentially negotiated to a non-criminal disposition or a dismissal. To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call. Criminal Defense Attorney Larry Newman

Defeating the New York DWI Refusal Case

DWAI Law — Tue, 02 Aug 2011 01:40:59 +0000

My typical day begins something like this, “Hi, I got arrested for a DWI last night?” and my response is usually, “let me ask you a few questions first to help give you some guidance and direction.” The reason for my first couple of questions is to tell me exactly what “type” of DWI case we are dealing with.

DWIs like people come in different shapes, sizes, and packages. DWIs can be:

1. With or without a traffic stop, ie. maybe the police were called to the scene to investigate an accident, or a person asleep behind the wheel, or a BOLO (be on the lookout) for an erratic driver, called in from a tip

2. With or without a breath test (the chemical test back at the police station or barracks)

3. With or without prior DWIs or DUIs or DWAIs or ADWIs

4. With or without a New York State Driver’s License

5. With or without a Sobriety Check Point

By no means is this list complete. There are many different DWI situations and combinations.

The Chemical Test Refusal DWI Case is unique for a number of reasons.

First the positives of the refusal case:

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1. The police and prosecution do not have a breath test BAC to prove their case.

2. They can not charge VTL 1192 (2) BAC .08 or > or VTL 1192 (2) (a) Aggravated DWI BAC .18 or >.

3. The prosecutor can only charge VTL 1192 (3), “Common Law” DWI.

4. The prosecutor usually only has one main witness, the arresting officer.

5. The prosecutor must prove that “you were mentally and physically incapable ( to a substantial extent) of operating an automobile as a reasonably prudent driver.”

6. They must prove this legal burden of “intoxication” beyond a reasonable doubt based upon the police officer’s observations, and field testing, if any.

7. They can not use the Preliminary Breath Test results (at roadside) to prove their case.

8. The DWI defense lawyer can cross examine the police officer at the DMV administrative hearing without the presence of the prosecutor.

9. The cross examination can cover the stop, the arrest, and the field testing.

Second, the two main negatives of the refusal case:

1. You will have NO license of any type (conditional or hardship) while your criminal case is pending. NOTE: unless you win at the administrative refusal hearing (unlikely) or the officer does not show for the hearing and it is re-scheduled.

2. The jury will get an instruction from the Judge that they may infer a Consciousness of Guilt from your choice to not take the chemical test.

Personally, I like Refusal cases because they offer opportunities to challenge the purely opinion evidence of intoxication. The opinion of the officer is an opinion based in bias. He or she will want to support their decision to stop and arrest you. Their instructing, demonstrating, and evaluating you on the Field Sobriety Tests or (Roadside Agility Maneuvers) can usually be shown to be unfair. If we can show you were coherent (understood the officer’s directions, instructions, questions) then providing other reasons for your bloodshot eyes, slurred speech (or impairment), and lack of balance create REASONABLE DOUBT in the minds of the jury as to your intoxication.

Originally published here.

DWI Lawyer Larry Newman

DWI Attorney New Rochelle NY In Trouble ??? Call 914-833-9785 Now!

DWAI Law — Sun, 31 Jul 2011 12:00:59 +0000

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Defeating the New York DWI Refusal Case

DWAI Law — Thu, 16 Jun 2011 17:27:59 +0000