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...
The “DWI Law” in New York is contained in VTL §1192 titled “Operating a motor vehicle while under the influence of alcohol or drugs”. The law includes 6 separate offenses; here we will cover 3 of the most frequently charged sections. .
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The Fourth Amendment to the United States Constitution guarantees the rights of the people to be free from unreasonable searches and seizures. The Fourth Amendment protects against arbitrary arrests and is the basis of the law on search warrants, wiretaps, and other privacy law. It is a central concern of criminal prosecution and defense.
For a DWI case, the Fourth Amendment's protection from arbitrary arrests applies to the reason why a police officer stopped a vehicle. An officer will stop a vehicle for some suspected violation of the Vehicle and Traffic Law, for example...
Skilled trial counsel is essential at every stage of a DWI case to preserve your rights. Many people believe that an appeal can cure any mistake that may have occurred in the lower court. This is not how New York appellate courts operate. An appellate court will only consider issues that have been preserved for review.
For example, in a recent case, a driver appealed his conviction for aggravated DWI on a number of grounds. The driver’s appellate lawyer argued that the accusatory instrument contained hearsay allegations. The Court held the issue was unpreserved for review and did not...
Scientific evidence is not required to prove DWI. That means refusing the test does not defeat the charge.
Words used in a legal context often have meaning different from the ordinary usage. For example, in New DWI law, a person may be found to "operate" a vehicle even if the car never moved. Or a person sleeping at the wheel of car may have operated that car. The DWI law is complex and it is important to find the right DWI lawyer to defend your case, call A&B.
1. Revocation. A commercial driver's license shall be revoked by the commissioner whenever the holder is convicted within or outside of this state (a) of a felony involving the use of a motor vehicle except a felony as described in paragraph (b) of this subdivision; (b) of a felony involving manufacturing, distributing or dispensing a drug as defined in section one hundred fourteen-a of this chapter or possession of any such drug with intent to manufacture, distribute or dispense such drug in which a motor vehicle was used; (c) of a violation of subdivision one or two of section six...
§ 509-p. Definitions
As used in this article, the term:
1. “Commercial motor vehicle” shall mean a motor vehicle or combination of vehicles having a gross combination weight rating of more than ten thousand pounds used in commerce to transport property and it shall include a tow truck with a gross vehicle weight rating of at least eighty-six hundred pounds.
3. “Commercial driver” shall mean every person who is self-employed or employed by a commercial motor carrier and who drives a commercial motor vehicle for hire or profit.
4....
1. Aggravated unlicensed operation of a motor vehicle in the third degree.
(a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner.
(b) Aggravated unlicensed operation of a motor vehicle in...
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1. The driver license compact is hereby enacted into law and entered into with all other jurisdictions joining therein in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE I
FINDINGS AND DECLARATION OF POLICY
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state and local laws and ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property....
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