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answered on Jul 21, 2011
The blood alcohol concentration for a DWAI is between 0.05% and 0.07%.
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answered on Jul 21, 2011
yes, this is true. You will not be granted a hardship privilege without an additional witness.
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answered on Jul 21, 2011
By statute, it must be conducted within 3 days of your arraignment on the DWI case.
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answered on Jul 21, 2011
A hardship license is a short term license which would be granted, if you are eligible, for the period in which the DWI case is ongoing. In order to obtain a hardship license, you must show that both for time and cost reasons, it would be an extreme hardship for you to not be able to drive... View More 
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answered on Jul 21, 2011
The Refusal Hearing will be conducted at the local DMV Office.
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answered on Jul 21, 2011
Yes. There is a Court of Appeals case called People v. Gursey which establishes that you can seek guidance as to your legal options when asked to take a breathalyzer as long as you do not unnecessarily delay the process. Thus, you should have the name of the attorney you wish to call as well as... View More
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answered on Jul 21, 2011
This happens somewhat frequently. As long as you affirm that what you are testifying to is the truth, this can be used as an alternative to taking an oath.
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answered on Jul 21, 2011
I recently won a refusal hearing on this very issue for a client. He had tried to take the test but was not able to blow long enough into the breathalyzer for the officer to get a reading. We introduced his asthma medication records and hospital records into evidence, and brought his inhaler to... View More
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answered on Jul 20, 2011
If it is your first refusal and you have no prior DWI convictions, your license will be revoked for 1 year.
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answered on Jul 20, 2011
On a first time DWI, your license will be revoked for 6 months.
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answered on Jul 20, 2011
I can't tell you exactly but a few clients have reported that the installation fee was about $150.00, and then there is a monthly maintenance fee of approximately $75.00-$100.00.
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answered on Jul 20, 2011
Unless you can prove to the Court that you will have no access to one or more of the cars (for example, if one of the cars is used exclusively by your spouse and you can prove that through affidavits), then the Court will require you to install the ignition interlock in all three cars.
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answered on Jul 20, 2011
The Court will provide you with a list of approved installers and you must have the interlock installed at one of these locations and then return to Court with proof that you have done so.
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answered on Jul 20, 2011
Yes. She can have what is known as a derivative claim, in that her claims drive from your case. She must be able to prove that as a result of your accident, she has lost your "services", in that you can't help around the house with chores, aren't able to assist her with your... View More
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answered on Jul 20, 2011
Yes, another common reason for a case to be given a "special preference" is if the plaintiff develops a life threatening disease such as cancer. With medical proof of the plaintiff's dire medical diagnosis, the case will obtain a preference and receive a much faster trial date.
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answered on Jul 20, 2011
It depends entirely on the County. For instance, in Westchester County, it takes approximately 1 to 1/2 years from the start of the case to reach trial. However, in the Bronx, the trial might not be scheduled until at least twice that amount of time or longer due to calendar congestion.
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answered on Jul 20, 2011
MVAIC stands for the Motor Vehicle Accident Indemnification Corporation. This is a New York City agency which deals with accidents in which there is no insurance coverage due to hit and run accidents or stolen plates, but there are injured victims. The plaintiff can submit a claim to MVAIC and... View More
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answered on Jul 20, 2011
Yes, if you are 70 or older, you are eligible for what is known as a "special preference" and will have your trial sooner than if you did not have the preference.
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answered on Jul 20, 2011
Your license will be suspended for 90 days on a DWAI.
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answered on Jul 20, 2011
Yes, if you can establish through your employer that you were out of work, no fault will pay up to $3,000 a month for up to 36 months
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