Can a New York State DWI Lawyer Help You Keep Your License?
Can a New York State DWI Lawyer Help You Keep Your License?
Can DWI Lawyer Randall Inniss help you keep your license? The short answer is yes. However, if a person refuses to take the chemical test at the station, their driver's license will be suspended at their arraignment, pending a DMV hearing. If the DMV administrative law judge determines that you refused the chemical test, your driver's license will be revoked for one year, regardless of whether you are convicted of the DWI charge in criminal court. But if it's your first DWI, and you took the chemical test, you may be eligible for a restricted license. It's called a conditional license during the period of revocation that may allow you to drive to and from work and to and from medical appointments.
If you're charged with a DWI in New York State, the courts will not allow you to go forth without an attorney. A DWI charge not only invokes the state criminal justice system, but it also invokes the State Department of Motor Vehicles. So, because there's a complicated relationship between two government agencies, the courts will insist that you have an attorney
What are your Constitutional Rights with a New York traffic stop? You have to turn over your driver's license, your registration, and your insurance card. You don't have to do that much more. If the police officer asks you where you are coming from or if you had anything to drink, you don't have to respond. You have a right to remain silent. However, if a police officer asks you to step out of the vehicle, you must comply.
A DWI charge in another state can affect your New York State status. New York will treat it as a DWA (Driving While Abilty Impaired) in terms of the level of penalties. You won't be charged as if a conviction occurred in New York; however, your penalties will be a 90-day license suspension and other fines.
A DWI charge in another state can affect your New York State status. New York will treat it as a DWA (Driving While Abilty Impaired) in terms of the level of penalties. You won't be charged as if a conviction occurred in New York; however, your penalties will be a 90-day license suspension and other fines.
Both a misdemeanor and a felony are criminal offenses. So they're crimes, but with a misdemeanor, you face a penalty of up to one year in jail. With a felony it’s incarceration of more than one year in prison. There are also fines and other penalties associated with a potential probation.
After arraignment, discovery is the process whereby the district attorney's office/prosecution hands over police records of your arrest to the defense. The district attorney's office possesses any records the police have. So, discovery is the evidence the prosecution has in its possession that it can use against you. Even if they don’t use everything, it must be turned over. The government has 35 days, with some exceptions, from when you are arraigned in court to give discovery to the defense.
In New York State, DWI stands for driving while intoxicated. That occurs when a licensed or unlicensed driver cannot operate their vehicle reasonably and prudently. It’s typically a misdemeanor on a first offense and can be a felony if, for example, you have a child in the car less than age 16, or this is your second offense where you were convicted of the first DWI within the previous 10 years.
CDL stands for Commercial Driver's License. In addition to your regular driver's license, a CDL refers to the ability to drive a truck. A CDL DUI means the driver has a blood alcohol concentration of 0.04% or more. For a regular motor vehicle, the blood alcohol concentration limit is 0.08%. If you have a CDL, you're held to a higher standard. It doesn’t matter if you're driving a passenger or commercial vehicle.
An aggravated DWI in New York state at the misdemeanor level is when you blow a 0.18% blood alcohol concentration or more. At the felony level, it’s when you are arrested for DWI and you have a child who's under age 16 in the vehicle.
New York State can prove a drug DUI based on your admissions and a blood or urine test that determines what drugs you had in your system at the time of operation of your vehicle. That's how the state seeks to prove driving ability impaired by drugs under the vehicle and traffic laws in New York State.
New York State can prove a drug DUI based on your admissions and a blood or urine test that determines what drugs you had in your system at the time of operation of your vehicle. That's how the state seeks to prove driving ability impaired by drugs under the vehicle and traffic laws in New York State.
There are many defenses a skilled DWI attorney will employ for an aggravated DWI. First, did the cop have probable cause to pull you over? If not, your case can be dismissed. Do you have health issues that might have played a role in this particular case? Do you have gastroesophageal reflux disorder, where the blood alcohol concentration is based on what's coming from your stomach and not your lungs? There are many other defenses as well.
What should you look for in a DWI defense lawyer? Look for one that has handled numerous DWI cases and is not afraid to go to trial. Attorney Inniss is a former state trooper who made numerous arrests during his 20 years on the job. He’s also a member of DWI defense organizations that provide training to their members on DWI arrests. Moreover, he’s an instructor in the standardized field sobriety tests, the tests police officers administer to motorists to develop probable cause. It’s vital to be familiar with those tests.
Any DWI case in New York State can go to trial. A first offense with a lower blood alcohol concentration typically doesn’t go to trial. However, many cases should go to trial. For instance, a person with a CDL can lose their job if convicted. A person with a professional state license can also lose their job if convicted. That includes a nurse, physician, attorney, or chiropractor. There is a wide range of cases that are apt to go to trial, but it's largely up to the person who is accused
Most DWI cases are resolved without a trial. The vast majority of cases beyond DWIs in the criminal justice system are resolved through plea bargaining.