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Traffic Defense Articles

Driving While Ability Impaired (DWAI)

New York Vehicle and Traffic Law §1192 defines the the offense of DWAI: 1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.

Arraignment

“Arraignment” means the occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action. NY CPL § 1.20 (9). The arraignment is generally the defendant's first appearance in court and when the defendant enters a plea, typically not guilty. The judge also determines whether the...

Florida Drivers: Impact of New York Traffic Convictions

Florida will record points and convictions from New York as if the offense occurred in Florida. It is therefore important for Florida drivers to fight tickets as if they were back home.

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What are the penalties for a Felony DWI Conviction?

A Felony DWI charge will be filed as either a class D or E depending on the circumstances. Repeat offenders and defendants with a child in the car are at risk. Learn more

What is driving while ability impaired (DWAI)?

Driving while intoxicated (DWI) can be charged as either a misdemeanor or felony offense whereas as charge of driving while ability impaired (DWAI) is a violation and therefore non-criminal.  A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are: A fine between $300-$500 and up to 15 days in jail, or both a fine and jail. A Court surcharge of $265. A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750. A Period of Probation, Conditional Discharge, or up to 15...

What are the penalties for a DWI (Misdemeanor) conviction?

A Driving While Intoxicated conviction, either after a trial or as a result of plea bargain, is a misdemeanor crime and the possible penalties are: Incarceration of up to 1 year Fine between $500-$1,000 and surcharge of $395 A DMV Driver Responsibility Assessment of $250 each year for 3 years for a total of $750. Installation of an Ignition Interlock Device on the driver’s vehicle for a period of not less than 6 months. Driver's License Suspension A Period of Probation or Conditional Discharge A permanent criminal record These penalties are possible but not required upon...

Pennsylvania Drivers: Impact of New York Traffic Convictions

Pennsylvania DMV does not assign points if a moving violation is committed out-of-state. But your insurance company could learn of the conviction and raise your premiums. There are also extra New York DMV penalties to consider. Learn more.

Ohio Drivers: Impact of New York Traffic Convictions

An Ohio driver convicted of a moving violation in New York will not acquire points on their Ohio license. However, the conviction will appear on the Ohio driving record, where your insurance company might consider it.

Can you help if I already pleaded guilty to my traffic ticket?

Yes. In same cases, we can make a motion to withdraw your guilty plea and enter a reduced charge instead.

Will my out-of-state conviction affect my current New York DWI charge?

New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge. The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few. If you are currently charged with a DWI in New York and have...

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I highly recommend Azria & Bruffett Law Firm! David Bruffett handled my speeding violation in Niagara Falls professionally and exceeded my expectations! Wonderful Law Firm!

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I have used this law firm several times and every time they have been successful in getting reductions to various traffic infractions. I highly recommend them!!

Seth is a good lawyer

Seth and his team helped me out with a speeding ticket I got in Cortland. He was professional and courteous. I spoke with him with-in a hour of leaving a message with his office. All future correspondence was via email, but he was available by phone. I worked with one of his staff members as well. My 31 mph over limit (6 pts) was reduced to non-speeding 2 pts fine. I highly recommend Seth and the Azria Law Firm.

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Nothing but the best I was involved in horrible tractor trailer accident I almost lost my life I was given 5 tickets in my hospital bed following too close, imprudent speed, passing violation and 2 brakes safety violations mr azria took my case and got 3 of the tickets dismissed and the other 2 reduced to a parking violation all with 0 points mr azria saved my driver licences and career he did all this for a low price please if your in need of a traffic lawyer call Azria and Bruffett they won't let you down

Statewide Traffic Defense Practice

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.

We offer complimentary traffic consultations. You will learn the best way to handle your ticket, even if that means you don't hire us. We will also cover the possible outcomes, costs, and timing of your case. 

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Our traffic defense lawyers handle nearly all tickets pending in most of the courts and counties below:

Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates counties.