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Increasing BAC and the New York Aggravated DWI Statute

Increasing BAC Levels A trend evident to both judges and lawyers is a shift toward much higher blood alcohol content (BAC) levels in DWI cases. During my initial training on prosecuting alcohol related offense at the New York State Police Academy, we were told that a BAC of over 2.0 was considered rare, and that if the BAC was 3.0 or higher the subject would likely be unconscious or close to it. However, over the last five years I have observed that the BAC levels in DWI cases are climbing ever higher. Indeed, there was a time when two or more years would pass before I would see a DWI...

Juries in DWI Cases are Tougher on Defendants

Over the course of the past two decades I have observed a major shift in how juries view drivers who are charged with alcohol-related offenses. From the late 1980s through the early 2000s, the prevailing view of a DWI jury—whether it was a misdemeanor or a felony DWI jury—seemed to be, “There but for the grace of God go I.” Indeed, as I often explain to clients, a DWI is the one serious offense that impacts people from all walks of life. My DWI clients have included lawyers, judges, police officers, architects, engineers, and doctors. However, over the last eight...

Florida Drivers: Impact of New York Traffic Convictions

A Florida driver will receive points on their Florida record  from a ticket in New York, if Florida assesses points for that violation. For example, if a Florida driver received a ticket in New York for speeding 86 in a 65 zone, New York would assess 6 points and Florida would assess 4 points. For a speeding violation more than 15 miles over the limit Florida will assess 3 points. Our goal at Azria & Bruffett is to minimize the affect of your New York traffic ticket both in New York and in your home state. One important point to keep in mind is that even if you are licensed...

What are the penalties for a Felony DWI Conviction?

“Felony” means an offense for which a term of imprisonment over one year may be imposed. All of the most serious crimes are felonies and are divided into classes from A to E. A Felony DWI charge will be filed as either a class D or E depending on the circumstances. A class D felony may be charged for any person who operates a vehicle in violation of the New York State DWI laws after having been convicted of driving while intoxicated or of vehicular assault or vehicular manslaughter at least twice within the preceding 10 years. If convicted, a driver can be punished by a term of...

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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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Client Reviews

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David Bruffett resolved Speeding Violation very smartely. I contacted Attorney David receiving a speeding ticket over 100mph in NY, being a NJ driver. David was very professional and very clear on how to handle the issue (had very high points ticket but thanks to David who turned a stressful incident into a quick, easy and painless situation). Within a few months the issue was resolved and we are entirely satisfied with the outcome. I must say that David's help, support and guidance was very professional as well! I highly recommend David, if you have any traffic speeding tickets in the NY state. I found his services remarkable. He delivered more then he promised. I guess that what makes any client happy.

Awesome job

I received a ticket for speeding in Warrensburg, NY for going 20mph above the speed limit - a 4 point and >$200 offense. Mr. Bruffett took the case and had the ticket reduced to a 0 point $150 offense. Great result. I highly recommend his services.

Kamel posted to Avvo
Recommended Attorney

Very professional, treated my small case with high importance, timely responses to all inquiries. Seth got my ticket reduced to a zero point non-moving violation and kept my insurance from going up. VERY satisfied client that highly recommends Seth Azria for any legal matters you may have!

Karen posted to Avvo





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