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New York Highway Use Tax Violations

Carriers operating a commercial vehicle on New York public highways are subject to a New York Highway Use Tax Law. This law requires that vehicles have a Highway Use Tax (HUT) decal indicating compliance with the law. Failing to have this decal creates a presumption that the vehicle is not in compliance with the law. Violations of Section 1815 are punishable as follows: First conviction: Fine between $100 and $250 Second and subsequent convictions: Fine between $250 and $500, or jail for up to 10 days A driver may also be deemed to violate Section 1815 if the driver: Operates a...

Delaware Drivers: Impact of New York Traffic Convictions

If you receive a traffic conviction in New York State, Delaware will be notified of the offense as both states are members of the Driver License Compact. Once notified, Delaware may record the conviction and assess points against your Delaware license according to Delaware’s point system. If the New York ticket carries 6 or more points, in addition to the court fine, the New York DMV will impose an additional fine called a Driver Responsibility Assessment. To avoid points, fines, and potential insurance premium increases please call (315) 364-1155 to discuss your New York traffic...

Settlement Options Available to DWI Clients: Ignition Interlock Device Issues

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. The negotiation process in a DWI case generally includes an effort to reduce the charges to something less serious. For instance, if my client is a first time offender with a BAC under .13, a common result is getting the charges reduced to Driving While Ability Impaired (DWAI) with a fine of $500 and a surcharge of $260. The sentence is generally a conditional discharge with an instruction to...

4 Basics of the Fourth Amendment’s Exclusionary Rule

The Fourth Amendment to the United States Constitution and the vast body of search and seizure law is important in criminal defense generally, and in drug cases in particular. As attorneys, we always pay close attention to the manner in which evidence against our clients was obtained.  Because search and seizure law is so complex, we only touch on the major points in this  article. Please feel free to call us at (315) 364-1155 if you or a loved one is facing a criminal charge that might involve search and seizure issues. Case consultations are free.   I. The Exclusionary...

Deciding to Consent to Field Sobriety Testing

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. You do not necessarily have to consent to take the field sobriety tests in New York State; that decision is completely up to the driver. However, I generally tell my clients that if they do not cooperate they are essentially giving the officers a valid, reasonable suspicion...

Attacking Key Evidence at DWI Trials

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. Sources of Prosecution Evidence in DWI Case The arresting officer’s testimony is a key component of the evidence typically presented at a DWI trial, along with any dash cam evidence and field and/or chemical test results. If all of that evidence is not in place the...

Common Mistakes Made by Law Enforcement When Investigating DWI in New York

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. There are many mistakes that are commonly made by law enforcement when investigating DWI crimes. For instance, officers commonly, and mistakenly believe that crossing the fog line is a reason to stop a vehicle for an alcohol-related offense, but that is not so. There have been...

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Changing Law Enforcement Methods for Apprehending DWI Suspects

DWI Roadblocks an Police Targeting DWI One of the approaches that we are seeing when it comes to apprehending DWI suspects is a stronger mandate for officers to specifically target people who may be drinking and driving. Roadblocks, regular patrols dedicated to DWI enforcement and increased training regarding proper arrest of suspected DWI offenders are just a few of the ways the police are adapting to the volume of DWI offenders.    Indeed, there seems to be a great deal of increased pressure on officers to catch people who may be guilty of DWI. Officers I speak with from...

Impacts of Recent DWI Trends on Negotiating with the DA’s Office

The recent trends in DWI prosecution have made it harder to negotiate with the local DA’s offices in DWI cases—and again, some individual counties have their own policies in terms of how they handle alcohol-related offenses. It is becoming increasingly difficult to obtain the type of disposition for your client that you could have received five or six years ago, simply by demanding it. For many years it was almost assumed that a first time DWI defendant, who was not involved in an accident and whose BAC was not very high, could receive an offer of a DWAI, a violation level offense.  Now in...

Possible Severe Impact on Driving Privilege with Alcohol Related Convictions

Dangerous Repeat Offenders and Increased Look Back Time Periods A trend that I am seeing in the area of driver’s licenses is an increasing number of clients who have committed multiple alcohol-related offenses who are facing serious limitations to their ability to have an unrestricted driver’s license, even a lifetime denial of their driving privileges. This is an area of the law that attorneys who represent clients charged with DWI related matters need to be fully educated so they can sufficiently inform their clients as to ramifications of their conviction. They can labeled...





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Great Lawyer

I have hired Ralph Habib to represent me for a speeding ticket I received in NY. He was able to reduce my points and I only had to pay a minimal court fine. I am very pleased with the result and would definitely recommend Ralph's services for traffic related court matters.

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Seth Azria and his team are the absolute BEST in the game. During the initial consultation Mr. Azria was very thorough in explaining the whole process and possible outcomes. The fees were VERY reasonable. The level of responsiveness was superb. Kudos to Monica as well!!!! - I appreciate all of your assistance. It’s never fun to get a ticket out of state. But thanks to this team, they turned a stressful incident into a quick, easy and painless situation. I would HIGHLY recommend this firm to anyone who is looking for an attorney in the area.

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Best Decision I've Made!

Fantastic to work with, he was able to take my cell phone ticket worth a possible 5 points and bring it down to a muffler violation worth 0 points. Could not be happier with the service provided and how quick and easy everything was, once I answered a few questions everything else was taken care of for me! Extremely reasonable price, especially considering all I will be saving not having to pay extra on my insurance!

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