DWI Cases: Q&A

A: Most first-offense DWI cases are resolved by a plea bargain between you and the prosecutor.

• A fine will be imposed.
• A conditional license may be issued.
• Probation may be offered, but should be avoided.
• Although permitted by law, incarceration will not be imposed except under the most extreme circumstances.
• If a trial is necessary, I will leave no stone unturned in presenting your case in a manner that will achieve the best result.

A: I will personally handle every step of your case. When you hire me, you get me, not an associate.

• I will confer with the judge and prosecutor and present your case in the best possible light.
• We will develop a strategy that will achieve the desired result.

A: We will set a face-to-face meeting immediately. I am always available.

• We will discuss you case and I will explore every possible defense and explain the steps in the legal process to you. All options will be specified.
• We will develop a strategy that will achieve your desired result.

A: I have practiced Criminal Law in Westchester County for over 30 years, specializing in DWI and all of offenses involving the operation of vehicles while under the influence of either alcohol or drugs.

• I have handled over 1,000 DWI cases and participated in over 100 DWI trials.
• I have extensive knowledge of all city, town and village courts in White Plains, Yonkers, New Rochelle, Mt Vernon, Bedford, Harrison, Greenburgh and throughout Westchester and Putnam Counties.
• I will create a defense tailor-made for your case.
• I am familiar with the idiosyncrasies of local judges and the unique policies of the Westchesterand Putnam County District Attorney’s Offices.
• My fees are reasonable.
• The first visit is totally FREE, whether you hire me or not.

A: If you ignore the DMV, your license will be suspended or revoked, and for a much longer period of time. Therefore, if driving is important to you, you’ve got to follow DMV regulations. Understand; the actions the DMV takes with regard to a DWI are much different and separate from the actual court case, so you shouldn’t ignore the DMV because they hold your ability to drive in their hands.

A: It’s harder to fight a case where a blood test is used as evidence because a blood test is usually more accurate, but there are always ways to fight any case. In a blood case, the focus of the fight will be based on procedures that must be followed whenever blood is taken. With taking blood, you have to show some way it may have been contaminated or show a problem with the chain of custody. There may be problems with the way it was tested, the track record or reputation of the lab doing the testing or something else; nothing is impossible, it’s just much more difficult.

A: It is definitely more important because the penalties increase for the second and subsequent offenses. In fact, if it’s your second one within ten years, it’s a felony; the penalties rise from a maximum 12 months in jail to as much as four years in jail and you’ll have a felony record. For the first DWI, it’s important to hire an attorney who’s a DWI specialist, but for a felony DWI, which means being hit with jail time and a felony conviction on your record, having an attorney who knows exactly what they’re doing is absolutely essential.

A: Regardless of the source of the intoxication, DWI is always treated the same under the law; the crime is driving while ability is impaired; it doesn’t matter why the driver is impaired. Under New York law is a misdemeanor for a first offense either way. When it comes to dealing win the case proceeding, plea bargaining and other things, there may be distinctions made, but generally they’re the same. There have been some recent studies suggesting that impairment from marijuana, for example, is not as bad as from alcohol, so there is a possibility that a prosecutor might take into consideration the fact that the charges involve marijuana and not alcohol. There is also no way to differentiate amounts involved when you deal with drugs as opposed to alcohol. With alcohol, you have the specific number produced by the Breathalyzer, whereas with drugs you don’t, so impairment by drugs is always a charge you can work with because one pill can result in a charge that is easier to refute’ although that’s the only distinction; it’s still a misdemeanor.

A: Every case is distinct and includes a separate set of facts, although the main thing with DWI cases is that, with time, he courts are treating them increasingly seriously, with ever-increasing consequences, especially for repeat offenders, while other types of criminal cases have stayed largely the same over time.

A: Most of the time in the standard DWI case, when you’re contesting intoxication or impairment you’re not going to hear those terms if you admitted to ingesting alcohol, because most judges and juries will almost always find some impairment. That means the best you will hear from the jury at the end of that DWI case is “Not guilty of DWI but guilty of the lesser charge; driving while ability impaired.” The only DWI case where you have a reasonably good chance of hearing “Not guilty” is when you’re contesting the case based on the claim that you were not operating the vehicle, such a if you didn’t intend to drive, or you were simply sitting in the car waiting for a friend with no intention of driving the car. If a jury or a judge believes that, whether you are intoxicated or not; they’ll find you not guilty. “Case dismissed” is usually based upon legal technicalities and those are rare indeed, because judges are reluctant to just dismiss cases and take no action against an individual when there is evidence they were driving while intoxicated.