New York State laws are tough when it comes to Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). Police, prosecutors, and judges strictly enforce these types of drunk driving offenses, which are listed under NY Vehicle and Traffic Law (VTL) 1192. Most New York criminal defense attorneys, when…
Articles Posted in DWI and Traffic Offenses
The DWI “Hardship Hearing” in New York Courts: Keeping Your Right to Drive After a DUI Arrest
In New York City as well as the outside counties of Westchester and Rockland, Drunk Driving (a/k/a DWI or DUI) is a crime that is routinely prosecuted. Unlike intentionally malicious crimes, DWI allegations found in VTL 1192 are often alleged against hard working, honest and generally law abiding people who…
DWI & DUI In New York: Should You “Blow” or Take a Breathalyzer if Arrested for Drunk Driving in New York
Drunk Driving in New York – whether called DWI or DUI – is such a serious crime in New York City and throughout the State of New York that specific court rooms are set up solely to prosecute alleged drunk drivers. Many of these defendants wondered at the time of…
Drunk Driving Crimes in New York: VTL 1192(4) Driving While Impaired by Drugs
While not as commonly seen by DWI lawyers in the New York City area, Vehicle and Traffic Law 1192(4), Driving While Ability Impaired Drugs, is no less serious than an arrest for any other DWI or DUI crime. Having said that, those attorneys not experienced in New York’s drunk driving…
Can Prosecutors in New York Use the BAC Breath Test Taken at the Scene of a DWI Arrest Against You at Trial
In New York City it is routine that an arrest for DWI, DUI or driving while intoxicated is accompanied by an on the scene intoxilyzer or BAC breath test. In other words, before you ever meet with your criminal lawyer or are handcuffed in the back of a police car,…
VTL 1192 – NY DWI: Does a Thirty Second Delay in Turning on a Green Light Establish Probable Cause to Stop Vehicle
We have all done it and we usually don’t need the assistance of a New York criminal defense lawyer. Usually, the honk of the car behind us is a sufficient reminder that the red light has now turned green and we need to put the pedal to the ground. Maybe…
New York DWI / DUI Laws – VTL 1192: A NY DWI Lawyer Explains the Difference Between “Driving” and “Operating” Under the Law
New York DWI and DUI Laws (Driving While Intoxicated and Driving Under the Influence) are codified in the Vehicle and Traffic Law. More specifically, New York VTL section 1192 is where the various charges for drunk driving can be found. Regardless of the particular subsection, an experienced New York DWI…
Westchester County DWI / DUI Car Surrender Law in Effect: If You are Convicted the County Police May Seize Your Car
Starting December 15, 2010, if you are convicted of DWI or DUI (Driving While Intoxicated) in Westchester County, New York, you will have another collateral consequence to deal with beyond your criminal record. Whether it is in White Plains, Yonkers, Mt. Kisco or any other municipality, if you are arrested…
Circumventing the Ignition Interlock Devices: VTL 1198 Crimes & New York DWI Defense
I previously addressed New York’s Leandra’s Law as it relates to new offenses and crimes in the realm of Driving While Intoxicated (DWI / DUI) pursuant to New York Vehicle and Traffic Law section 1192. The two major changes to the law are that is now an automatic felony to…
New York DWI / DUI Arrest & Convictions: Collateral Consequences – Mandatory Ignition Interlock
Leandra’s Law in New York has made the consequences of a misdemeanor Driving While Intoxicated (DWI or DUI) conviction that much more severe. If it wasn’t clear that prosecutors and judges in New York have had a zero or minimal tolerance policy for the crimes of Vehicle and Traffic Law…