A Unique Level Of Knowledge When Defending DWI Charges
We have handled hundreds of alcohol/drug involved driving cases, including misdemeanor and felony cases involving accidents with property damage, physical injury and death in New York City and Long Island. Just because you have been accused of “blowing over the limit” does not mean the reported result is accurate and should be trusted by a Judge or jury. It is very important to hire a lawyer who is experienced and trained to analyze the way the test was administered to make sure your rights are protected. New York State law defines intoxication based on the motorist’s blood alcohol content (0.08 grams of alcohol for every deciliter of blood), however most of the time police only obtain a breath sample. We have obtained full acquittals in high number (0.08 to 0.29) cases by attacking the science of breath-to-blood conversion, the operator’s qualifications, and the way the test was administered. We have also had great success in cases where the motorist refuses to give a breath, blood or urine sample.
Our attorneys have received specialized training and hold certificates for completing the Breath Test Operator course and the Standardized Field Sobriety Test (SFST) course. In fact, we own an Intoxilyzer and our attorneys are fully familiar with its proper operation. The way these tests are performed and administered are crucial in determining whether the results reported are reliable. We have been trained by the very people training the police.
When a motorist is arrested for driving while intoxicated or driving while impaired, either the motorist will have submitted to a breath test or will be accused of refusing the breath test. If a motorist submits to a breath test and the reading is alleged to over 0.08 grams of alcohol for every deciliter of blood, then the Judge at arraignment will be required to suspend the driving privileges of the motorist. We can help obtain a restricted license or a conditional license at this point. Our attorneys have successfully challenged suspensions at all stages of a criminal case to be sure any suspension imposed is properly authorized by law.
If a motorist is alleged to have refused a chemical test, the motorist faces a 1 year revocation under New York State law. A refusal can occur by verbally refusing to take a chemical test or by the actions of the motorist in failing to follow the Officer’s instructions. If a refusal is alleged, New York State law requires a civil hearing to be scheduled within 15 days of the arraignment or arrest, whichever is later. Having competent and qualified representation at this hearing can have a great impact on the motorist’s license and the companion criminal case. Our attorneys have handled hundreds of refusal hearings at the Department of Motor Vehicles and has also brought appeals to the Department of Motor Vehicles Appeals Board and the local Supreme Court for review.
In cases where a vehicle, a home, or property such as cash is involved in a criminal matter, prosecutors and the police will try to forfeit or take those assets to benefit other investigators and policing efforts. These forfeitures can be temporary or permanent depending on the intent of the forfeiting agency. In all cases where property is withheld by another, timely and informed legal action is necessary in order to protect the owner’s rights. This is the case whether the property is under a lease, financing, mortgage or the property belongs to another person. Our attorneys have handled all types of forfeiture actions in state, federal and local courts and agencies.
Records Sealing for Certain Misdemeanors and Felonies
If you have had to deal with a criminal case in the past and would like to get your criminal records sealed, contact an attorney at RKWC immediately. Recently, New York State has passed laws including, CPL 160.58 and CPL 160.59, which allow for the sealing of certain criminal convictions under certain circumstances. No matter where your case was prosecuted, Manhattan, Brooklyn, Queens, Nassau or Suffolk, you can have your criminal records sealed. Partner Joseph L. Indusi, has been successful in having the records of many professionals sealed and has been published on this area of the law. For more information, please read the article CPA Journal Record Sealing. Even if you are not eligible for sealing, you may benefit from other laws, such as a Certificate from Relief from Civil Disabilities or a Certificate of Good Conduct, which remove many of the barriers of a criminal conviction. These barriers including the ability to seek and obtain many professional licenses, purchase and own firearms, and avoid discrimination in the employment process. Call today for a free consultation.
Our attorneys have experience defending clients in numerous situations, including:
- Driving while intoxicated (DWI)
- Driving while ability impaired due to drugs or alcohol (DWAI)
- Aggravated DWI
- Repeat DWI
- Reckless driving
- Leaving the Scene of an Accident (VTL 600)
- Leandra’s Law DWI (having a child in the car)
- Vehicular Assault
- Vehicular Manslaughter
- Criminal investigations in car accidents/death cases
- Grand jury hearings
- Charges that may affect immigration status
Before our clients make a decision in a case, we make certain that they have all the information necessary to make an intelligent, informed choice about the future.
Get A Partner In Your Defense Today
Contact our Long Island (631-265-7200) or New York City (718-737-7181) office as soon as possible to schedule an appointment with one of our attorneys. Early representation during a criminal investigation or following a charge is often critical to success. We can also be reached online . The initial consultation is free.