Resources

  • February 20, 2024

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    DWI Chemical Tests In general, there are three tests used as evidence in DWI cases: blood tests, breath tests, and urine tests. A chemical test refers to any analysis of the chemistry of blood, breath or urine to determine the blood alcohol content of a [...]

  • February 15, 2024

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    New York City requires residents to have a gun permit to own a handgun legally, but the law is administered so stringently that virtually no residents of New York City other than retired police officers are able to get a permit. It costs $431.50 just [...]

  • February 10, 2024

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    A DWI means that the driver is legally intoxicated, or drunk, with a BAC of at least 0.08 percent. A DWAI means that the driver’s BAC is between 0.05 and 0.07 percent, or there is other evidence that the driver is impaired. Both a DWI [...]

  • December 27, 2022

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    Are you or someone you know facing a DWI charge? If so, you’re likely wondering what to do next. Should you hire a lawyer or go without? The next decision you make could be crucial in determining the outcome of your case. Did you know [...]

  • December 20, 2022

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    https://www.youtube.com/watch?v=RlR6ezfy6u0 If you were pulled over for driving under the influence, would you know what to do? No one likes getting pulled over. It can be anxiety inducing and even downright scary. The moment it happens, any logical thinking is likely to go right out [...]

  • December 13, 2022

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    Driving While Intoxicated (DWI) is a misdemeanor criminal charge in New York. A conviction of this charge can lead to severe legal consequences, including paying hefty fines and jail time. If you have been convicted of multiple DWIs or DWAIs (Driving While Ability Impaired), what [...]

  • December 6, 2022

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    Driving while intoxicated (DWI) is a serious charge that can result in severe penalties upon conviction.  New York drivers face the nation’s toughest DWI laws that carry steep fines, driver’s license suspension or revocation, or even jail time, among other penalties. Drivers convicted of certain [...]

  • November 30, 2022

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    When a driver is suspected of committing a DWI offense, he or she may be given a breath test on a device known as the Breathalyzer to determine their blood alcohol concentration (BAC). Many law enforcement officials make use of the Breathalyzer machine in DWI [...]

  • November 16, 2022

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    Every American driver has to undergo some form of driver’s education or a driving test before receiving a driver’s license. Often that education includes some information about DWI and DUI charges and the potential criminal punishments for breaking drunk driving laws. Even though “drunk driving” [...]

  • November 9, 2022

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    You have just been pulled over by police, and the officer asks you to step out of the car.  He thinks you may be intoxicated, so you are asked to submit to a breathalyzer test. Even though you have only had a few drinks, the [...]

  • November 2, 2022

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    For years, chemical breath tests have been a widely used by law enforcement to test drivers’ blood alcohol content (BAC) levels. Whenever a police officer pulls over a driver on suspicion of drunk or impaired driving, the breath test is typically one of the first [...]

  • October 27, 2022

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    What is Leandra's Law? Leandra’s law made a first-time offense of driving while intoxicated with a person under the age of 16 in the car an automatic felony. This law also set the current BAC to its current number of .08.  This law was signed [...]

  • October 20, 2022

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    In recent months, New York State legalized the recreational use of marijuana. However, merely because the State has chosen to legalize the drug’s recreational use does not mean that New Yorkers are now free to drive while under its influence. Driving Under the Influence of [...]

  • October 13, 2022

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    Probation is a period of time imposed by the court following a conviction for a crime – whether by plea or after trial - where an individual avoids jail or is released from confinement or jail subject to a period of good behavior. During the [...]

  • October 6, 2022

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    Following an arrest for DWI, your first concern is surviving the booking and arraignment process. Immediately, an issue with your driver’s license comes up. At time of arrest, your drivers’ license and driving privileges get suspended. You have 15 days from the date of the [...]

  • September 29, 2022

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    While high speed car crashes can be exciting to watch on television, running from the police is not advisable and can often land you in a lot more trouble than it’s worth. A man from Queens recently learned this lesson the hard way when he [...]

  • September 22, 2022

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    It is not secret that a conviction for driving while impaired, or DWI, is a serious offense that can bring about major consequences. In New York, a DWI is a misdemeanor offense, which means that a conviction will create a permanent criminal record for the [...]

  • September 15, 2022

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    An appellate court in the Ninth Circuit recently issued a ruling that could have repercussions in New York and around the country. The issue had to do with guns, and the ability of their sales to be regulated by local ordinances. Drawing a Line Against [...]

  • September 8, 2022

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    The presumption of innocence dates back to 1895, with the findings of the Supreme Court in the matter of Coffin v. United States. Considering that the world’s oldest living human was born in 1899, this legal doctrine is more long-standing than any of us. And [...]

  • September 1, 2022

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    There are a wide variety of so-called drunk driving and driving under the influence charges that an inebriated driver may face in New York. From Snowmobiling While Ability Impaired (operating a snowmobile under the influence of alcohol) to a “per se” DWI (where the driver’s [...]

  • August 27, 2022

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    While many DWIs occur when an individual is intoxicated because of alcohol, New York DWI law also prevents drivers under the influence of certain drugs from operating a vehicle. The list of drugs that New York prevents drivers from using while operating a vehicle is [...]

  • August 20, 2022

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    Attorney, Dennis Nave, from our Syracuse office, takes a look at six reasons why you may want to plead not guilty or plead guilty in a criminal case. If you are put in the unfortunate position of defending yourself in a criminal case, you should [...]

  • August 13, 2022

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    Canada, arguably the friendliest neighbor a nation can have, and luckily enough our neighbor to the north, is a frequent tourist destination for U.S. citizens and residents alike. As a result, we are frequently asked if you are still able to enter Canada with a [...]

  • August 6, 2022

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    There are many conditions that affect a person’s blood alcohol content (BAC), a measure of the amount of alcohol that is present in ones blood stream. A person’s BAC can be determined from 30 to 70 minutes after consuming alcohol, and it’s based on many [...]

  • July 27, 2022

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    What if an ignition interlock were installed on every car? The National Highway Transportation Safety Administration (NHTSA) has just unveiled new technology designed to eliminate drunk driving once and for all. Through advanced breath and touch-based sensors that would read a driver’s blood alcohol concentration (BAC) [...]

  • July 20, 2022

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    A million questions can run through a person’s mind once they are formally charged with a misdemeanor DWI. Should I get a lawyer? What is going to happen to my license? What kinds of penalties am I facing? Will I have a criminal record? What [...]

  • July 13, 2022

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    DWI is a dangerous game and a game that is often played by participants who rarely have the mental capacity (at least at the time of deciding to play) to make that decision.  Don’t let your children fall prey to the dangers of drunk driving [...]

  • July 6, 2022

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    Driving while intoxicated is a serious offense that can result in steep fines, driver’s license revocation, and jail time, among other penalties. In addition to the penalties for this charge, a convicted driver may face negative consequences when searching for a new job or applying [...]

  • June 27, 2022

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    The New York Legislature frequently proposes new laws to crack down on impaired and intoxicated driving.   It is no surprise that at the beginning of what experts call the “100 deadliest days for teen drivers,” two New York State Senators are calling for more legislation [...]

  • June 20, 2022

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    Any New York driver convicted of driving while intoxicated charge (DWI) can be required to install and maintain an ignition interlock device on their vehicle. These devices are used to punish DWI offenders and prevent future DWIs. What is an ignition interlock device, then? And [...]

  • June 6, 2022

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    Traditionally, law enforcement authorities have requested that motorists suspected of intoxication perform sobriety tests, such as walking a straight line, putting a finger to the nose, or balancing on one foot. This is in order to corroborate their conclusion of intoxication of the motorist based [...]

  • May 27, 2022

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    The word “arrest” means that you are being put in custody of a law enforcement officer and deprived of your liberty. Being put under arrest gives the police the power to restrain you. After you are put under arrest, most jails will allow you to [...]

  • May 20, 2022

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    The Fourth Amendment is the constitutional provision that places basic restrictions on all police searches. It prohibits unreasonable searches and seizures by the police. To be considered a “search” under the Fourth Amendment, there must be an expectation by a defendant of privacy in the [...]

  • May 13, 2022

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    When a driver is pulled over by the police on suspicion of driving while intoxicated (DWI), they are often asked to submit to standardized field sobriety tests. These tests are physical acts which are designed to test the driver's coordination for the purpose of determining [...]

  • May 6, 2022

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    The Fifth Amendment’s right against self-incrimination forbids the government from compelling an individual to provide a testimonial or communicative evidence that could be used to incriminate that individual. The right against self-incrimination may be claimed in any circumstance where the government seeks to compel a [...]

  • April 27, 2022

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    A DWI arrest serves the function of notifying the community that an individual has been accused of a crime and also serves to try to deter the DWI suspect from committing other crimes. A DWI arrest may occur by a police officer (1) putting handcuffs [...]

  • April 12, 2022

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    In a DWI case, the defense attorney may attempt to impeach a prosecution witness. The process of impeachment is intended to discredit the witness as a reliable source of information. Successful impeachment of a witness renders the witness less worthy of belief by a jury. [...]

  • April 6, 2022

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    New York has a strict Zero Tolerance Law against drinking and driving for those individuals under the age of 21. The law applies to all persons under the age of 21 who operates a motor vehicle with a Blood Alcohol Content (“BAC”) of not less [...]

  • March 27, 2022

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    The case of State of New Jersey v. Dennis Newell introduced the new DWI defense of pathological intoxication. In the case, Mr. Newell was convicted of DWI after falling asleep in his car after taking a large dose of Phenobarbital pills. Nr. Newell tried driving [...]

  • March 20, 2022

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    Sobriety checkpoints have become more prevalent in the past ten years, especially in the state of New York. Advocates for the continued use of DWI checkpoints focus their discussion on the effectiveness of the DWI checkpoints ability to deter drunk driving. Those who protest DWI [...]

  • March 13, 2022

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    What Is Dram Shop Liability? Dram shop liability holds the owner or servers at a bar, restaurant, or other location where a patron consumed their last alcoholic beverage, responsible for harms subsequently inflicted by the patron on others. Dram shop liability gets its name from [...]

  • March 7, 2022

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    The Cost of a DWI Conviction The costs of a DWI conviction can be great. The fines can be upwards of $15,000 for the first offense. The penalties for DWI in New York have become harsher and harsher over the past couple of years. If [...]

  • February 27, 2022

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    The police are permitted to use roadblocks to stop drivers at specified locations to identify alcohol-impaired drivers. These locations are called sobriety checkpoints. Sobriety checkpoints are often established at times when drinking and driving are very prevalent, such as holidays and weekends. Sobriety checkpoints are [...]

  • February 20, 2022

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    Under current New York law, you could face harsher consequences, as well as additional charges and stiffer punishment if convicted of a DWI while a minor was present in your vehicle. Ideally, no one should drink and drive, and if they do, children certainly should [...]

  • February 13, 2022

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    If you are pulled over on suspicion of a DWI in Syracuse, you’re already in some hot water. Without a doubt, you do not want to make things harder on yourself. Failure to take the proper course of action could result in further charges and [...]

  • February 6, 2022

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    In a recent post, we discussed Syracuse DWI laws and the potential punishments faced by offenders. Repeat offenders with three or more DWIs now face harsher punishment. In September 2012, Governor Cuomo announced plans for a new policy. The new policy aims to give New [...]

  • January 28, 2022

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    Getting stopped by the police is a scary experience for anyone. This article is intended to give motorists some background information regarding traffic stops and any subsequent investigation by police. However, the main purpose of this article is to describe the differences between a Preliminary [...]

  • January 21, 2022

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    The New York State DWI Laws are a vast arena and unless one is ably assisted by a DWI lawyer in Central New York, things could get really tricky for the alleged defendant. Driving while intoxicated is not a heinous crime but the potential dangers that [...]

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Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
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They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
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