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Traffic Defense Articles

Can you give me an overview of the NY DWI Law?

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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Why the Reason for a Stop is Critical to Your DWI Case

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...

The Right Trial Counsel is Critical on DWI Appeal

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...

Driving while “Impaired” by Alcohol in New York?

Scientific evidence is not required to prove DWI. That means refusing the test does not defeat the charge.

Convictions for DWI and DWAI in New York Require Proof of Operation

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.

§ 510-a. Suspension and revocation of commercial driver's licenses

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...

ARTICLE 19-B-SPECIAL REQUIREMENTS FOR COMMERCIAL MOTOR CARRIERS

§ 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....

§ 511. Operation while license or privilege is suspended or revoked; aggravated unlicensed operation

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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§ 516 Driver license compact

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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§ 511-a. Facilitating aggravated unlicensed operation of a motor vehicle

1. A person is guilty of the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person whose license or privilege of operating such motor vehicle in this state or privilege of obtaining a license issued to operate such motor vehicle by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner and the vehicle is operated upon a public...

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Azria & Bruffett Law Firm has handled thousands of traffic ticket cases all over New York State. We have extensive experience that helps us inform, predict, and handle your case smoothly.

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Would Recommend to Anyone

Seth Azria was recommended to me by a friend. I can't say enough about how well I was treated, his responsiveness, and how my case was handled. My first call to him was on 12/22/14 and we met the same day. My first and last date in court was 1/15/15. The outcome was better than I ever expected it could be and would recommend him to anyone.

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Azria & Bruffett (Seth, Habib and Monica) represented my case for a speeding ticket. I am so thankful for all of their hard work and expertise in helping me resolve this issue. They always responded to my communications in a speedy manner. It would be my pleasure to recommend their firm to others in need of legal service. Once again, thank you for your awesome representation!!

Seth stands by his work and gets results

From the first phone conversation with Seth in regard to my ticket for allegedly operating an electronic device I knew I had the right attorney. He assured me I had the best in the area and he was proven right when my ticket was dismissed by the judge. The process to collect as much positive information from a client like myself to go to bat for me has proven that he is an experienced professional and willing to go the distance for his clients. I couldn't be happier.

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Took care of business

I needed an expert to help me navigate a speeding ticket in the courts. I was from out of town and Seth was great at explaining the options. I left it in his hands and he was able to negotiate and took care of whatever was necessary. He made it extremely easy and I was happy with the results. Highly recommended.

 

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