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NY DWI - Drunk Driving, Aggravated DWI and New York State Law

Published on May 2016 | Categories: Documents | Downloads: 4 | Comments: 0
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http://www.storobinlaw.com/criminal-lawyer.php - People keep driving drunk. Despite decades of efforts to discourage, deter and punish DWI offenders, there are still plenty of people who keep doing it.

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NY DWI - Drunk Driving, Aggravated DWI and New York State Law
People keep driving drunk. Despite decades of efforts to discourage, deter and punish DWI offenders, there are still plenty of people who keep doing it. In New York State, first-ti e DWI offenders face potential fines and surcharges that can e!ceed "#$$$, license suspension or revocation, and a variety of other conse%uences. &ail ti e is rare on a first offense, 'ut it can happen. (ntil recently the ,-+./ is over $.)0. 1he +ggravated DWI charge also affects plea 'argaining. In any cases lawyers could a!i u fine for a first-ti e DWI was ")$$$, 'ut New York added an *+ggravated DWI* offense for when the 'lood-alcohol content

negotiate si ple DWI charges down to a reduced charge of DW+I. 1his is still generally true for cases where the -+. is 'elow $.)0. -ut when the driver is charged with +ggravated DWI, it is now al ost i possi'le to negotiate the charge down to anything less than DWI. 1his is an i portant distinction, 'ecause DWI is a violation and is not considered a cri e. 1here are three levels of D(I offense in New York State for first-ti e offenders. DW+I is *driving while a'ility i paired,* and is generally thought to 'e for a -+. of 'etween $.$2 and $.$3. 1his is not co pletely accurate, as those -+. levels do not necessarily ake a person guilty of DW+I. It is accurate in the sense that a person who 'lows a $.$2 to $.$3 will usually 'e charged with a DW+I. + good lawyer will al ost always get a good deal or even a dis issal on a $.$2, and often on a $.$4. 1he $.$3 -+. is a tougher one 'ut it is still winna'le. 1he fine range for DW+I is 'etween "#$$ to "2$$, 'ut surcharges and assess ents push the total over ")$$$. 1he driver is al ost always suspended for 5$ days, and usually takes the Drinking Driver Progra ,DDP/ to get a conditional license. +fter 5$ days the driver pays a "62 fee to lift the suspension. DWI, or *driving while into!icated,* now generally refers to a -+. of $.$0 to $.)3. New York also has a *co on law* DWI offense which is not defined 'y the -+.. 1his is ainly i portant in cases where the defendant refused to 'low into the 'reathaly7er or where there was isde eanor and therefore a cri e, while DW+I is a

NY DWI - Drunk Driving, Aggravated DWI and New York State Law
a pro'le with the achine. 1he police would typically testify a'out the defendant8s 'ehavior ,staggering, slurred speech, etc./ and a 9ury would decide whether the defendant was into!icated. 1he fine range for DWI is "2$$ to ")$$$, with total costs potentially approaching "6$$$. 1he driver8s license is revoked for si! onths, 'ut can take the DDP to get a conditional license. +fter the revocation period, the driver has to reapply for a license. 1he fine range for +ggravated DWI in New York is ")$$$ to "62$$. With assess ents and other charges it can go over "#$$$. 1he revocation lasts for a year. +s a DWI lawyer in New York, I generally advise first-ti e offenders to fight any D(I charge where the -+. is $.$5 or 'elow, where they are charged with +ggravated DWI, and when there are certain apparent pro'le s in the paperwork. -y fight, I initial stages of fighting the case including a is over, we will have a ean at the least going through the otion and a suppression hearing. :nce that stage

uch 'etter idea of our chances at trial, and can al ost always negotiate

a good deal at that stage anyway if that8s what the client wants to do. 1here are certain conse%uences to fighting a DWI. ;irst, the driver is usually suspended while the case is pending ,if the -+. is $.$0 or a'ove/ and any drivers can8t drive until they get a conditional license until #$ days after that suspension starts - and the #$ days don8t count against any later suspension. Second, the attorney fee for that process is significantly higher than for aking a deal. ;inally, any defendants feel guilty a'out their conduct ,even when they8re conse%uences of actually innocent/ and the fight can 'e trau atic. <owever, the long-ter can affect your career, status in the with another D(I offense in the future. =ore infor ation visit new york dwi lawyer

having a D(I offense on your record is su'stantial. In so e sense it never really goes away. It ilitary, and is particularly significant if you get charged

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