Did you sign a financial responsibility form when he applied for his permit? Are you paying his insurance for his car? Are you giving or buying him alcohol, or knowingly letting him drink and drive? More details are necessary to provide a professional analysis of your issue. The best first step is... View More

Multiple convictions can result in loss of your license. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

Theoretically, although if you are under 16 your attorney should argue that you should NOT be tried as an adult. Generally, we are able to get these sort of cases dismissed in contemplation of dismissal on a "Youthful Offender" (YO) status. This should be brought to the courts... View More

Depending on your work situation, your employer may be able to fire you for getting charged with a crime, and DWI is a crime. You need to fight your case to try to get the best possible disposition, so you don't have a criminal record.

You do not have to answer what you have been drinking. You do have to provide your name and identification if requested. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

Yes, it is very likely. A driver also faces a suspension at their arraignment, which is the first court appearance. This is called a pre-conviction suspension, and will apply if the BAC is .08% or higher. If there is a refusal, there will also be a suspension as well as a 1 year revocation as a... View More

The system might seem like you are guilty until proven innocent, but that is not the way it is supposed to work. The police are likely saying that they saw evidence of intoxication or impairment. It is unfortunate that you had to spend money, but if a blood test was taken, and you don't have... View More

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answered on Apr 8, 2017

No. A DWAI is considered a violation and is not a criminal offense. A DWI is a misdemeanor, which is a crime. Because it is a crime, it carries more serious legal consequences.

The short answer is sort of. The punishment is similar but the evidence for alcohol and drugs is quite different. Generally speaking, it is easier to prove DWI, especially with a chemical test result, than DWAI by Drugs.

That's a misdemeanor with a possible punishment including minimal jail time and/or a fine. But what are your defenses for the FTA? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More

I would first try just taking a five hour course, taking a written test for a lerners permit and then schedule your road test in New York without ever disclosing what happened before… New York DMV is such a bureaucracy and if there is almost no way they will find out, and as such, getting your... View More

No you cannot… Based on the above Fax alone, you may travel as you please so long as you possess a United States passport.

Furthermore, if your 2007 DWI was aggravated, a repeat offense or for any other reason a felony as opposed to a misdemeanor, now that it is been 10 years you may... View More

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answered on Mar 10, 2017

If you are convicted, you will face a 90 day license suspension, 15 days in jail and a fine of up to $500. I recommend that you speak to a lawyer prior to your court hearing.

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answered on Mar 9, 2017

Yes. An Ignition Interlock Device is required for anyone who is convicted of a DWI in New York. The device must be installed for a period of 6 months in most cases.

Of course you can refuse. But there are consequences like a one-year license revocation and the refusal can be used at trial as consciousness of guilty. Whether or not to refuse is a complicated question that depends on the specific facts of each case.

Technically New York should recognize the Florida ruling, however, there's a strong possibility that any officer pulling you over would not know about said charges against you in Florida… Especially as you have not been proven guilty beyond a reasonable doubt as of yet. That said, I would... View More

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answered on Feb 16, 2017

This is a possibility. You need to speak with a domestic relations lawyer in NY, plus get a DWI attorney, to try to reduce or win your case. For the DWI lawyer, look at NCDD.com. For a top family law attorney, go to SuperLawyers.com, and put in "divorce" for your city or area in the State... View More

There are many way to challenge such a test, and hiring an expert witness may be appropriate. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

Unless blood was taken, the prosecution should know your BAC by now. If you submitted to a breathalyzer it would have known immediately. Driving While Ability Impaired (DWAI) is a traffic infraction, and although it is not considered a criminal conviction it is a not a violation. The DWAI is... View More

There is no set time limit. Every case is different. It takes about three months for a case to reach a trial posture. Once a case is on for hearing and/or trial, it could take a year or longer for a trial to commence.