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New Laws Impacting New York DWI Cases

Increased Pressure for Increased DWI Penalties There is an immense amount of pressure being exerted on the New York State legislature from outside groups such as MADD and other advocacy groups to put laws in place that will presumably deter people from drinking and driving. For example, back in 2013 the New York State Senate passed legislation requiring mandatory jail sentences for repeat DWI offenders. However, we are finding that the passage of such legislation does not seem to be impacting the number of drivers convicted of DWI. Unfortunately, most people who are repeat DWI offenders...

Can you give me an overview of the NY DWI Law?

New York DWI Law: Overview The “DWI Law” in New York is contained in Vehicle and Traffic section 1192 and is titled “Operating a motor vehicle while under the influence of alcohol or drugs”. The law includes 6 separate offenses; here we will cover 3 of the most frequently charged offenses; misdemeanor Driving While Intoxicated (DWI), misdemeanor Aggravated Driving While Intoxicated (Agg. DWI), and the non-criminal charge of Driving While Ability Impaired (DWAI). Each DWI charge is a separate offense and a driver may be facing compounding penalties and conviction...

Why the Reason for a Stop is Critical to Your DWI Case

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...

The Right Trial Counsel is Critical on DWI Appeal

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...

Driving while “impaired” by Alcohol in New York

 New York has one DWI law with 6 sections; each section is a separate charge. The first subsection, called “DWAI”, makes it illegal to operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol. (NY VTL 1192(1)). But the law does not define what “impaired” means and lawyers attacked that law for being unconstitutionally vague. The highest Court in New York rejected the attack and decided that impairment to any extent on driving from alcohol can support a DWAI charge. So to determine what...

DWI Law Applies On Roadways Both Public and Private (like parking lots)

 At first glance, it may appear that state DWI laws should not apply to private property, like a parking lot. If you owned a business with a parking lot, you might think it would be ok for you to do just about anything on that property. Or, if you were a defense lawyer, you might argue that the state laws should not apply to that private parking lot because the town or village had not enacted a law or ordinance authorizing the application of the New York law to that private parking lot.  The law, however, is often applied in ways not readily apparent. For example,  a police...

Convictions for DWI and DWAI in New York Require Proof of Operation

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.

Getting Restricted Use License While Yours is Suspended

Restricted Use Licenses for Suspensions Not Related to Alcohol The New York DMV may issue a restricted use license to a driver after a revocation or suspension due to violations not related to alcohol or drugs. For example, if your license was suspended for too many points or speeding convictions. For alcohol related suspensions, hardship privileges and conditional licenses would apply. The DMV will determine if you qualify under the law for the restricted use license and will notify you if you are eligible. To apply for a restricted use license for you must fill out the DMV form...

2 Types of DWI Test Refusals and the DWI Refusal Hearing

2 Levels of DWI Test Refusal in New York 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. The results of the screening test simply allow the officer to have probable cause to take a driver back to the station and conduct a more accurate breath...

DWI Chemical Test Refusal Hearings in New York

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...





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I look at myself as a very successful person in life. But I am nothing if I can't provide for your family. I was heading down that path with two speeding tickets to my name with very high points. My means of providing is driving over 100 miles daily. Many thanks goes out to the office of Azria & Bruffett Law Firm. Mr. David is such a wonderful person even advise you how to get things done. When you talk about communication with clients - Azria & Bruffett does it the best. I love these people.
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Excellent service, heading to niagara fall I got a speeding ticket, they were able to reduce the ticket, no points in my license, thanks, highly recommend this office.

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Mr. Seth Azria handled my case competently and efficiently. I did not have to appear in court, which made the entire process really painless. He was successful in negotiating a reduction of a speeding ticket to a no-point non-moving violation, for which I am truly grateful. Even though I had a very good record prior to the event, that ticket would have impacted my finances quite negatively. Thanks to Mr. Azria this did not happen.

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