Common Scenario Resulting In DWAI Drug Charges In New York

Interviewer: What would you say is the most common scenario that you’ve seen when it comes to DWAI Drug cases?

Michael Kramer: The scenario which I previously mentioned. The stop of a car for some observed vehicle for some traffic violation, then the police usually come up to the car and say they smell alcohol or they observe some signs in the motorist that they appear impaired, this results in additional questioning of the motorist as to the origin of the smell usually of marijuana or whether they have recently taken medication. If the motorist says something against their interests, it gives the police further grounds to investigate further which will include requesting the motorist to step out of the car followed by the conducting field sobriety tests and based upon all of those factors a police officer will then decide whether to make an arrest or not. Usually they will make an arrest.

There is No Department of Motor Vehicle Hearing Unless a Chemical Test Has been Refused

Interviewer: What happens with DWAI drug cases when it comes to the Department of Motor Vehicles, those hearings.

Michael Kramer: Well you don’t have a hearing before the Department of Motor Vehicles unless you refused a chemical test such as a urine test. Then there is a refusal hearing set up which involves a whole new set of legal consequences if you are determined to have illegally refused. Remember, you don’t have a right to refuse unless you are willing to accept the consequences which is the additional revocation of your license and a fine in addition to any penalties which may be imposed in the court case.

A Step by Step Breakdown of the Process After an Arrest Has been Made on DWAI Drug Charges

Interviewer: What’s the process actually going to be like? Once a person gets arrested once they’ve contacted you, what’s it going to be like? What’s the initial hearing going to be like?

Michael Kramer: Once I’m contacted, I request that the client set up an appointment to meet. I of course want to meet my future client and I am sure he or she wants top meet me. At our meeting we discuss the entire situation and come up with various scenarios as to how the case will proceed. If there is the possibility of a trial, we discuss what that might involve. If it’s a case that probably will not be resolved with a trial, we discuss the scenario for a plea bargain. We then go to court and begin the process at an arraignment.

The Defendant is Advised to Get a Drug Evaluation which will be Considered by the District Attorney’s Office when Negotiating to Reduce Charges

The motorist, the defendant, then is advised to get a drug evaluation which will be taken into consideration with regard to any offer from the District Attorney’s office to reduce the charge. If the District Attorney’s office offers to reduce the charge from DWAI Drugs to the lesser charge of DWAI Alcohol and a defendant agrees to accept that reduced charge, then it remains only for the judge to impose sentence which, according to my history in such cases is usually the minimum.

The Minimum Fine Imposed is $300 and the Minimum License Suspension is 90 Days

The minimum fine is $300, the minimum suspension of your license is 90 days but the good news is you can go to a school given by the Department of Motor Vehicles which allows you to maintain a conditional license so you can drive throughout under limited circumstances. In addition, you usually have to attend one evening of something called the Victim Impact Panel. It’s a 2 – 3 hours discussion run by the Westchester Department of Probation.