Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

Traffic Ticket Articles

New Laws Impacting New York DWI Cases

by Seth Azria on 1/05/2016

Increased Pressure for Increased DWI Penalties

There is an immense amount of pressure being exerted on the New York State legislature from outside groups such as MADD and other advocacy groups to put laws in place that will presumably deter people from drinking and driving. For example, back in 2013 the New York State Senate passed legislation requiring mandatory jail sentences for repeat DWI offenders. However, we are finding that the passage of such legislation does not seem to be impacting the number of drivers convicted of DWI. Unfortunately, most people who are repeat DWI offenders have an abusive relationship with alcohol—i.e., they are alcoholics.

2013 DWI Legislation Increases Penalties for DWI Convictions 

In the past, even if you had multiple DWI convictions you might not receive a substantive punishment. However, in the wake of the legislation that passed in 2013, anyone convicted of two DWIs in the past ten years will be charged with a Class E felony; they face up to four years in jail with a mandatory minimum sentence of thirty days, and a fine of between $1,000 and $5,000. Drivers who have three or more DWI convictions in the last ten years are also charged with a Class E felony; they face a potential jail term of seven years with a mandatory minimum ninety-day jail sentence, and a fine of between $2,000 and $10,000. Finally, if someone has been convicted of two aggravated DWI crimes—i.e., perhaps one case where the driver had a BAC of .18 or higher and another where they had a child in the car—that scenario does not raise the level of the offense; it is still a Class E felony, but the minimum jail sentence is 180 days. Essentially, the legislature recognized that many of the things it was doing was not helping to reduce the number of DWI cases; and therefore, it has imposed a mandatory jail sentence for people who are particularly abusive of their driving privileges and/or repeat DWI offenders.

Article adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books, A Thomson Reuters business. 

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

Don't plead guilty. .

Our experienced traffic defense lawyer is available to talk to you about your case.

Accepting Cases in Onondaga County Only.

Free Consultations. Call Now.
(315) 364-1155




 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
Hire your traffic lawyer online. Start Now
Tremendous Help!

I received a speeding ticket and he provided expert advice! I highly recommend him!

Eric posted to Avvo
Google Review

The Azria & Bruffett Law Firm was professional, knowledgeable and attentive. Mr. Seth Azria and Ms. Shannon Johnson kept me apprised through the entire process. I would highly recommend this firm.

Google+ Review

I contacted Azria & Bruffett to handle my traffic ticket after an accident in upstate New York. I found them via a random Google search and appreciated the clarity of the information presented on their website and in initial communications. Throughout the entire process they were extremely clear and helpful. My case got a little complicated for random reasons, and they went beyond their initial scope to pursue the case on my behalf. I really appreciate their work.

Yelp Review

As a a 60 year old physician I am semi-retired and my wife and I travel the country to do work in my specialty at places that are shorthanded. Since I only work about 1/3 of the year we have time to drive to these places. Recently I was stopped on a highway in NY. I haven't had a speeding ticket since I was in my twenties. The officer said I was doing 81 in a 65 MPH zone (my reading 76 while trying to pass a slow moving vehicle with a line of cars behind me trying to get by me as well). I read the reviews and chose Attorney Azria.

The office staff was pleasant and efficient, and put me right through to Attorney Azria. He explained the process with perfect clarity and went to work. Although he explained the process could take 4-6 weeks he resolved the issue in 10 days, reducing the violation to a non-moving violation with a small fee and no points. His price was more than fair.

I've been lucky enough as a physician to have never been sued but doctors by nature do not have an affinity for lawyers. However, if you find yourself in need of one, it is hard to imagine someone better at their job than Attorney Azria. Thank you sir. If I could give you 6 stars out of 5 I would.

Norman D. Miller, MD posted to Yelp

Norm M.