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Category: NY Driving While Intoxicated (DWI) / Driving Under the Influence (DUI)

March 20, 2014
New York Court Of Appeals Considers Analyzes Whether Breath Tests Can Be Suppressed When The Arrestee Is Denied The Right To Counsel

By Michael H. Joseph

Our Westchester DWI Attorneys keep up to date on the developments in the criminal law. The New York Court of Appeals is considering whether breath test results can be suppressed in a fatal DWI accident where an attorney contacts the police and the police pursue the all too common tactic of running interference to keep the suspect from speaking to their lawyer. In this particular case, the suspect consented to take the breath test, but then her attorney called the police station and told the police that his client would not take the test. The police basically left the criminal… Read More

June 17, 2013
Will New York Approve Drivers Licenses for Illegal Aliens/Undocumented Immigrants

By Michael H. Joseph

Last week the State of Connecticut passed legislation which beginning in 2015, will allow illegal aliens and undocumented immigrants to obtain drivers licenses. Undocumented workers are often in a catch 22, where they need to drive vehicles to work, but they are not lawfully able to obtain drivers licenses. The current state of the law in New York encourages fraud and irresponsibility. The reality is that most of these individuals have the skills to safely operate a vehicle and most have drivers licenses in their home countries. But when they come to New York, the New York Department of Motor… Read More

September 25, 2011
New York DWI Charges- Parked Car Or Sitting In Cars

By Michael H. Joseph

As a New York criminal defense lawyer, Michael Joseph has handled numerous driving while intoxicated cases in Westchester county and New York City. Often people who know they are too drunk to drive will get in the car and try and sober up. Sometimes, people will get in their car and turn on the heat or air conditioning while they wait. Unfortunately the police in White Plains, Port Chester and other bar towns are notorious for arresting everyone who is sitting in a parked vehicle behind the wheel trying to sober up. Our NY DWI lawyers have successfully defended these… Read More

March 12, 2011
New Interlock Requirement For New York Driving While Intoxicated Convictions

By Michael H. Joseph

As a New York City and Westchester DWI lawyer, we regularly handle DWI cases in all of the Westchester towns including White Plains, Yonkers, Harrison, Port Chester, Mount Vernon and New Rochelle. This year New York added a new requirement for convictions for DWI. Any conviction for a DWI now requires that the person convicted install an interlock device in their car. If a person convicted of a DWI fails to install an interlock device, they are now guilty of an additional crime. This new requirement does not apply to people convicted of driving while their ability to drive is… Read More

September 11, 2010
New York’s New Driving While Intoxicated (DWI) Laws

By Michael H. Joseph

In the last year the New York DWI laws have become much more stringent and New York DWI lawyers must be keep up to date on these recent changes. For example, the new Aggravated driving while intoxicated prohobits the operatation of a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood. This is .02 higher than double the normal DWI limit. These new DWI laws in New York have stiffer penalites and limit the plea bargains that can be offered. The New York DWI laws prohibit the reduction… Read More

July 20, 2010
Aggravated Vehicular Assault- Driving While Intoxicated (DWI/DUI)

By Michael H. Joseph

New York criminal defense lawyers who regularly handle DWI cases know that accidents are a common consequence of driving while intoxicated. An accident involving an injury dramatically increases the exposure of that a criminal defendant in New York faces. In 2007, a new law was enacted in New York to toughen the punishment of New York criminal defendants who injure others. The New York Legislature created the new crime of aggravated vehicular assault. Penal Law § 120.04-a is similar to vehicular assault in the first degree except that it requires the People to prove that the defendant drove recklessly. Aggravated… Read More

March 19, 2010
New Decision On New York Driving While Intoxicated Trial Practice

By Michael H. Joseph

A new an innovative tactic among New York criminal defense attorneys who defend driving while intoxicated charges is to challenge the breathilizer records based upon the Sixth Amendment’s right of confrontation. A recent decision gives New York criminal defense lawyers a new weapon in the fight against driving while intoxicated (DWI) charges. There is a conflict between the Sixth Amendment which gives the accused the right to confront the witnesses against him and New York’s business record rule which allows records into evidence based upon a certification. Typcially in a New York driving while intoxicated (DWI) trial, the prosecutors will… Read More

March 9, 2010
New York Driving While Intoxicated Cases Involving Refusal to Take The Test

By Michael H. Joseph

As a New York criminal defense lawyer who has handled many driving while intoxicated cases (DWI), Michael Joseph has seen numerous cases involving refusals to take the chemical test. New York has an implied consent law, which means that anyone who drives in the State of New York consents to take a chemical test to determine whether they are driving while intoxicated or under the influence of drugs. If you refuse to take the test after being arrested for driving while intoxicated in New York, at your arraignment, your license will be suspended and you will be given a notice… Read More

December 9, 2009
New York DUI/DWI And Endangering The Welfare Of A Child

By Michael H. Joseph

Defendants in the New York and Westchester Criminal Courts who had children in their vehicles while arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) are being charged with endangering the welfare of a child. Our Westchester DWI Lawyers have aggressively fought these charges. A recent line of cases in the New York Courts have held that merely having a child in a car when the operator has a blood alcohol level (BAC) above the legal limit (DUI) is not sufficient to establish endangering the welfare of a child. Instead there must be actual, not theoretical or… Read More

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