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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...

§ 510. Suspension, revocation and reissuance of licenses and registrations

1. Who may suspend or revoke. Any magistrate, justice or judge, in a city, in a town, or in a village, any supreme court justice, any county judge, any judge of a district court, the superintendent of state police and the commissioner of motor vehicles or any person deputized by him, shall have power to revoke or suspend the license to drive a motor vehicle or motorcycle of any person, or in the case of an owner, the registration, as provided herein. A learner's permit, or a license which has expired but is renewable, shall be deemed a license within the meaning of this section. 2....

§ 1181. Minimum speed regulations

(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) Whenever a minimum speed limit has been established as authorized in sections sixteen hundred twenty or sixteen hundred forty-two, no person shall drive at a speed less than such minimum speed limit except when entering upon or preparing to exit from the highway upon which such a minimum speed limit has been established, when preparing to stop, or when necessary for safe operation or...

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§1180. Basic rule and maximum limits (Speeding)

(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. (b) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) of this section or when maximum speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour. (c) Except as provided in subdivision (g) of this section, whenever maximum school...

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Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
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Professional and reliable, highly recommended

After receiving a ticket upstate NY, I contacted Seth's firm based on the great reviews on this board and was really happy that I made this choice.

Seth explained the possible outcome in my case when I first called him and managed to achieve exactly what he told me, which shows that he is experienced and knowledgeable in his area of practice. He successfully negotiated with a DA a reduction of charges from a 6 point speeding to a non-speeding violation without me having to appear in court in person.

Monica, Seth's paralegal, kept me informed of all necessary details throughout the whole two month process and I received a response to every email that I sent to the firm.

I would highly recommend Seth's firm for anyone looking for reliable and professional attorney services.

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Positive: Quality

Mr. Ariza was very cordial and made the process very easy. He was very responsive and knowledgeable. Will recommend him anyone. Thank you Mr. Ariza for a job well done. One of the best in the business.

Jacqueson Cilien posted to Google+
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I have used their services numerous time and have never been let down. My go to for all traffic court matters.

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This law firm was awesome -had speeding ticket that they got dismissed all together.! There prices were reasonable. No work on my part what so ever. They did everything. For sure a 5 star professional law firm! Highly recommended!