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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...

Buffalo Traffic Violations Bureau (TVB) Closing: Good News for Drivers

On July 1, 2015, the Buffalo Traffic Violations Bureau ceased handling traffic cases for the traffic tickets issued in the City of Buffalo. Instead, the tickets will be handled by the newly formed Buffalo Traffic Violations Agency located in Buffalo City Hall. This is very good news for drivers with traffic tickets in the City of Buffalo.





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Professional and reliable, highly recommended

After receiving a ticket upstate NY, I contacted Seth's firm based on the great reviews on this board and was really happy that I made this choice.

Seth explained the possible outcome in my case when I first called him and managed to achieve exactly what he told me, which shows that he is experienced and knowledgeable in his area of practice. He successfully negotiated with a DA a reduction of charges from a 6 point speeding to a non-speeding violation without me having to appear in court in person.

Monica, Seth's paralegal, kept me informed of all necessary details throughout the whole two month process and I received a response to every email that I sent to the firm.

I would highly recommend Seth's firm for anyone looking for reliable and professional attorney services.

anonymous posted to Avvo
Great Lawyer and Great Team

I unfortunately got 2 tickets at 2 different counties in the upper NY state after my flight was cancelled due to snow storm in the Winter. Ralph and his team helped me out with reduced charges and fines after a few months. Ralph is an expert on traffic tickets. He answered my questions and proposed the defense strategies in the phone. His team even worked in the holiday to evaluate my cases. They followed up at every stages professionally and responded to my questions promptly.

According to my personal experience, I highly recommend Ralph if you have any traffic tickets in the NY state.

a client posted to Avvo
Schuyler speeding ticket

It's been quite a few months, maybe a year since Seth got my speeding ticket reduced to a non moving violation. After speaking with several attorneys I went with Seth because he was exactly as described in his reviews. He was reachable, returned my calls, answered all my questions (which there were many). After a few weeks he and his staff got back to me with a positive outcome. It cost some money in fees and fines but a few months later my insurance had dropped $800. Wow....I was happy I didn't get a speeding ticket or points taken away so that my insurance wouldn't go up. This was a super bonus! 
Thanks Seth!

KC-Toronto posted to Avvo





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