Not all crimes involving Driving While Intoxicated are found under title 1192 of the New York Vehicle and Traffic Law (“VTL”). While all New York Drunk Driving crimes, aka, DWI and DUI, are extremely serious, so is an arrest for the DWI related crime of First Degree Aggravated Unlicensed Operation…
Articles Posted in DWI and Traffic Offenses
Brooklyn DWI Arrest Leads to Disorderly Conduct Due to Potential Mistrial After Cross Examination
Saland Law PC, a New York City criminal defense firm founded by two former DWI prosecutors and DWI defense attorneys, is pleased to announced a resolution to a case a long time in the making. Although the initial offer required a plea to the misdemeanor crime of VTL 1192.3 (also…
Understanding a New York DWI Hardship Hearing: New York DUI Arrests and the Hardship Privilege
One of the worst side effects, if that is the proper way to describe them, of a New York arrest for DWI or DUI (pursuant to New York Vehicle and Traffic Law 1192.2) is the unfortunate reality that when you go before a judge for your arraignment the court will…
Can You Vacate a New York DWI Plea if the Court Failed to Advise You of Possible Felony Consequences of a Second DWI Arrest?
Most people are familiar with New York DWI laws and crimes on a general level. That is, if you drive drunk in Manhattan, drive under the influence in Brooklyn or drive while intoxicated in White Plains, the potential crimes that you face are only one of a few set forth…
Circumstantial Proof for a NY DWI Arrest: Recent Appellate Decision Favorable to Prosecutors
Every year New York DWI attorneys and DUI lawyers find themselves representing clients accused of drunk driving and Vehicle and Traffic Law 1192 crimes that are re-defined by new criminal statutes or legal decisions. For example, Aggravated DWI in New York State is a crime that enhances penalties and did…
NY DWI Laws: Can You Be Arrested & Convicted of Drunk Driving in New York Without Being in Your Vehicle
While nobody wants to find themselves as the subject of a New York DWI or DUI arrest, I don’t think anyone could legitimately argue that New York drunk driving laws are firm, serious and potentially devastating for a good reason. As a New York DWI lawyer and DUI attorney as…
Tinted Windows Defense: Challenging an Arrest and the “Fruits” of a Potentially Unlawful Search
Those who have never been accused of a crime often fail to recognize the value or importance of the criminal defense lawyer to the justice system. Some even have pretty nasty things to say about the defense bar. Having said that, when the police wrongfully arrest a person who may…
Reckless Driving (NY VTL 1212) & DWI (NY VTL 1192): Is Evidence of Intoxication Per Se Proof of Recklessnes in a New York DUI Arrest
New York State has very strict DWI and DUI laws. The crimes that constitute Driving While Intoxicated and Driving Under the Influence range from misdemeanor offenses to felonies. In many of these drunk driving arrests, the police or prosecutors seek to enhance charges based on a variety of circumstances. In…
Dismissing a New York DWI Arrest Based Solely on an Admission: DUI Crimes in the Context of CPL 60.50
Sometimes the best defense to a New York DWI arrest or any DUI related crime may be right in front of your face. That is, the evidence against you may be strong – you blew above a .08, you were swerving in your vehicle and had blood shot eyes –…
NY DWI & DUI Criminal Basics: Preparing Yourself with Education to Assist in Your New York Drunk Driving Arrest & DWI Defense
With Labor Day just around the corner, the NYPD, local police departments, County Police and New York State Troopers will be out in full force looking to arrest drivers for Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Drunk Driving or any other named version of the New York…