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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.

Partner David Bruffett Discusses Distracted Driving on Channel 9 News Bridge Street Program

David Bruffett appeared on the Channel 9 News program today to discuss distracted driving and the penalties for cell phone and texting tickets.  Contintue to watch the video.

Addressing Confusion About DWI Breath Test Refusal

The Difference Between a Roadside DWI Test Refusal and Police Station DWI Test Refusal  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. 

Distracted Driving in New York: What All Drivers Need to Know

Distracted Driving means Using a Cell Phone or Portable Electronic Device Driving distracted is dangerous and in recent years New York State has taken notice and has made the vehicle and traffic law more strict. Increased penalties for cell phone use and “texting” while driving apply to all drivers and include an increase from a 3-point to a 5-point assessment on the New York driving record for convictions for using a cell phone (NY VTL §1225c2a) or using a portable electronic device (NYC VTL §1225d). For new drivers in their probationary period, a conviction for...

Trend Toward Increased Numbers of DWI Cases

Despite the immense pressures that are being exerted in this area—i.e., peer pressures, societal pressures, Mothers Against Drunk Driving (MADD) advertising campaigns—there does not appear to be a slowdown in the number of DWI cases. I am one of two judges in the third busiest justice court in our county, and we have found that since 2012 there have been on average at least five brand new DWI cases on every single court date. I arraign at least twenty new DWI cases a month, as does my fellow judge, year round—again, despite all of the information that is available about the...

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Increased DWI Chemical Test Refusals and Implied Consent in New York

More New York Drivers are Refusing the DWI Chemical Test   Yet another interesting trend that I have observed developing, which I view as being very dangerous, is the fact that an increasing number of people stopped for DWI are refusing to take the chemical breath test at the police station. Indeed, in the last month I have had four or five clients who did not consent to the test, and all of them are regretting their decision. There used to be reasons why an attorney might say to a client, “It would behoove you to not take the breath test”—i.e., if the client was...





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