New Year's Eve DWI, Stop It before They Stop You! According to (MADD) Mothers Against Drunk Driving, a nonprofit organization that seeks to stop drunk driving, 28 people are killed everyday by Drunk Drivers. That's one person killed every 51 minutes. The National Institute on Alcohol Abuse and Alcoholism (NIAAA) reports that forty percent of … [Read more...]
How to Hire a DWI Lawyer
How to Hire a DWI Lawyer A night out on the town or a day trip to the beach turns into really bad experience because you ended up arrested for DWI. Now is not the time to beat yourself up and think about what went wrong. You need help, you have questions, and you are stressed out. What you do not need to do is hire a gunslinger from out of town to … [Read more...]
The Four Elements of a DWI Arrest
The Four Elements of a DWI Arrest In New York State the prosecution must prove four elements to convict the Accused of a DWI (Driving While Intoxicated) Misdemeanor. The burden of proof lies completely on Prosecutor and because a DWI arrest is a criminal prosecution, the standard of proof is beyond a reasonable doubt. That is, that no other logical … [Read more...]
New York State DWI 3 Strikes and you’re out rule
Approximately three years ago, the New York State Department of Motor Vehicles (DMV) adopted new relicensure rules for drivers with repeat alcohol and or drug related driving incidents. In a nutshell, the new rules mandate that a New York State driver is not permitted to apply for relicensure of his or her driver’s license for five years, if that driver … [Read more...]
If Arrested for a NYS DWI or DWAI, Never Underestimate the Importance of Legal Representation at the Arraignment
A very important step when arrested in New York State for 1192.2 DWI is the Arraignment. Typically, after an arrest the Defendant is brought before the Court where s/he is informed of the charges such as DWI or DWAI and then permitted to enter a plea if s/he so desires. The Judge conducting the arraignment will provide the accused with copies of the NYS … [Read more...]