FAQs About Aggravated DUI/DWI In New York

A: In addition to well over 35 years’ experience in handling thousands of DWI and Aggravated DWI cases, Attorney Michael Kramer has developed a relationship with the District Attorney’s offices over the years that will no doubt benefit his clients whether they are charged with Aggravated DWI, Aggravated felony DWI, or any DWI charge.

A: Aggravated DUI charges result in approximately 25% of the cases handled by Attorney Michael Kramer.

A: For the purposes of upgrading a DWI misdemeanor to a felony, the look-back period is ten years. If a motorist has been convicted of a prior DWI misdemeanor within ten years of his second arrest for a DWI, the law permits that person to be charged with a felony. For the purposes of plea bargaining, a prosecutor can take any and all relevant circumstances into consideration in entering into a plea bargain with regard to any DWI charge. Therefore, if a motorist has been convicted of a DWI at any time in his or her past, a prosecutor can take that into consideration.

A: The factors which will come into play in making this decision are factors such as: whether this is a first offense, the circumstances surrounding the stop of the individual, whether there was any reckless driving involved or other type of driving which endangered other individuals, how cooperative the individual motorist was, and how high the BAC reading was over the 18% threshold.

A: You won’t know the answer to that until the end of the case, when you see the result and decide whether you’re satisfied, but you can get a feel for an attorney’s skill level when he appears with you in court. You should also be able to tell if he or she seems to know what they’re doing, if the people at the courthouse know him, if he’s comfortable in a courtroom setting and if he presents himself well while he’s representing you.

A: Whether a DWI or Aggravated DWI charge is reduced is up to the plea bargaining discretion of the District Attorney in the county where the incident occurred. If an Aggravated DWI is initially charged as a misdemeanor, based upon the circumstances a prosecutor may very well reduce the charge from Aggravated DWI to a simple DWI which will reduce the motorist’s exposure to increased fines and license revocation penalties.

A: If their BAC is .18% or more.

A: Yes, they can face additional charges as well as Aggravated DWI felony such as child endangerment. A person can theoretically lose custody of their child, but usually it’s never for this incident alone. The Child Protective Services will initiate an investigation into the complete background of the family and the care that the minor is receiving and look at the whole picture of the family environment to determine whether further action is deemed appropriate.

A: A member of the family or close friend will be contacted if their parent or custodian has been taken into custody. The child will then be released to that individual. However, an investigation will then be undertaken by “Child Protective Services”.

A: The child must be under 16 years old to be considered a minor.