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What is driving while ability impaired (DWAI)?

Driving while intoxicated (DWI) can be charged as either a misdemeanor or felony offense whereas as charge of driving while ability impaired (DWAI) is a violation and therefore non-criminal.  A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are: A fine between $300-$500 and up to 15 days in jail, or both a fine and jail. A Court surcharge of $265. A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750. A Period of Probation, Conditional Discharge, or up to 15...

What are the penalties for a DWI (Misdemeanor) conviction?

A Driving While Intoxicated conviction, either after a trial or as a result of plea bargain, is a misdemeanor crime and the possible penalties are: Incarceration of up to 1 year Fine between $500-$1,000 and surcharge of $395 A DMV Driver Responsibility Assessment of $250 each year for 3 years for a total of $750. Installation of an Ignition Interlock Device on the driver’s vehicle for a period of not less than 6 months. Driver's License Suspension A Period of Probation or Conditional Discharge A permanent criminal record These penaties are possible but not required upon...

What will happen to my driving license?

The impact on a driving license from a DWI is two fold. 1) Prompt Suspension Due to New York's prompt suspension law a judge may suspend your license at your arraignment, which is typically your first appearance in court. The judge may permit driving in limited circumstances while your case is pending upon the showing of an extreme hardship.  Preparing to make a motion to the court for a Hardship Privilege is one of the very first things we will do as your lawyer.  This application will include an affidavit from a person who knows you and your schedule- typically a...

Court Assessed Fines for NY Speeding Convictions

New York Vehicle and Traffic Law section 1180 deals with speed restrictions and sets out the consequences imposed by a court upon a conviction. The amount the fine that a court may assess is based on the specific section stated on the ticket, the speed over the limit, and the number of previous convictions. The fines are in addition to the state surcharge (currently $85), DMV points, and any adverse affect a speeding conviction may have on your insurance premiums and/or coverage. If you have 3 speeding convictions in any 18 month period, the DMV will suspend your driving license. And then...

Pennsylvania Drivers: Impact of New York Traffic Convictions

The Pennsylvania DMV does not assign points if a moving violation is committed out-of-state. However, if the out-of-state ticket is not taken care of in a timely manner, suspension of the Pennsylvania driver’s license could result. While Pennsylvania does not assign points to a driving record from out of state convictions they do honor suspensions from other states. Even if you are NOT licensed in New York State, the New York State DMV will fine you if you accumulate 6 points in any 18 month period - these fines are called “driver responsibility assessments (DRA)”. The New...

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Ohio Drivers: Impact of New York Traffic Convictions

An Ohio driver convicted of a moving violation in New York will not acquire points on their Ohio license. However, the conviction will appear on the Ohio driving record, where your insurance company might consider it. Regardless of the reaction by Ohio or your insurance company, points in New York add up fast, which then leads to an expensive bill - no matter where you are licensed. If you accumulate 6 points in any 18 month period - you will be charged a “driver responsibility assessment” of $300 in addition to the original fine even with an Ohio licence. For example, a single...

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Can you help if I already pleaded guilty to my traffic ticket?

Yes, there is a procedure to withdraw a guilty plea; it is called a motion for a “writ of coram nobis.” A coram nobis is a formal motion, in writing, requesting that the court set aside the guilty plea and reopen the case. If you pleaded guilty to a traffic ticket and now wish that you had instead hired a lawyer to represent you, please call to discuss this option.

Some Causes of New York Commercial Driver’s License (CDL) Suspension

A non - CDL driver will have their driving privilege suspended if they accumulate more than 11 points or have 3 speeding convictions in any 18 months period. New York has more strict suspension rules for drivers holding a Commercial Driver’s License (“CDL”). The New York DMV will suspend a CDL for 60 days if the CDL holder is convicted of two “serious traffic violations” committed within a three year period arising from separate incidents regardless of whether the convictions occurred in New York State or outside of the state. The suspension period will be 120...

Will my out-of-state conviction affect my current New York DWI charge?

New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge. The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few. If you are currently charged with a DWI in New York and have...

New York Points for Speeding Tickets and Traffic Infractions

The New York Department of Motor Vehicles (DMV) keeps track of NY driving records with a point system.  Many traffic violations and all speeding ticket convictions have points associated with them. Points mean fees, revocation, suspension, and can cause increases in your insurance premiums. Our goal is to protect your record from points by a securing a dismissal or negotiating a plea bargain to a reduced charge with less or no points. Depending on your driving record and the circumstances of your case, reductions to no-point, non-moving violations are often possible. ...





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Client Reviews

speeding Ticket dismissal

I were given a speeding ticket in Otego New York, which the law office of attorney Azria was able to get dismiss. I am from Boston Mass and did not have to travel outside my state to hire attorney azria i was able to paid his fee with my credit card, and did not have to go to court or anything he was able to get everything resolve and they kept me informed at all time in the process can said enough about their services i am very pleased with the overall service, and i will definitely recommend them.

Hans posted to Avvo
Google+ Review

I am satisfied with the outcome. I must say that Azria & Bruffett Law Firm help, support and guidance was very professional as well! I highly recommend Azria & Bruffett Law Firm , if you have any traffic speeding tickets in the NY state. I found his services remarkable. They delivered as promised. Thanks

Diligently Defense - Highly Recommend

I am very pleased with the outcome of my case. I contacted Ralph Habib from the Azria & Bruffett group to represent me in my defense in connection with a speeding ticket. I had the opportunity to speak with Mr. Habib and found him to be professional and diligent in this area of law. I felt his background and experience would undoubtedly be the right choice. Shannon Liparulo the Paralegal was great at keeping me informed as to the status and sharing the outcome of the case with me. She always answered and returned my calls and emails. I honestly recommend Mr. Ralph Habib and the team from Azria & Bruffett! Thank you Mr. Habib and Shannon. From Melton S. Marie

Mel S. posted to Avvo





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