Recent Posts in DWI/DWAI

  • 28-Oct-2011

    Understanding Vehicular Assault under New York Penal Law 120.03 and 120.04

    Vehicular assault charges are usually added to felony or misdemeanor DWI complaints where there has been an injury to someone other than the driver of the vehicle as a result of an alcohol- or drug-related accident. For example, in People v. Mojica, ...
  • 13-Jun-2011

    How to Make Bail in New York City

    The arrest of a friend or loved one often happens unexpectedly. The majority of New Yorkers do not have any experience with the criminal justice system and are often thrust into a position of having to deal with the possibility of bail being set. ...
  • 16-May-2011

    CRIMINAL LAWYERS EXPLAIN DWI CHARGES, DWI PENALTIES AND DWI CONSEQUENCES

    In this blawg, our criminal lawyers explain DWI charges, DWI penalties and DWI consequences. Being accused of driving under the influence of alcohol, marijuana, or any controlled substance in New York is not a matter to be taken lightly. A conviction ...
  • 26-Apr-2011

    New York City Juvenile Arrests : The Family Court Process

    Many juveniles in New York City are arrested every week and given a family court summons for a crime that would otherwise subject him or her to a permanent criminal record. A juvenile is “defined” in the Penal Law as a person under the ...
  • 13-Apr-2011

    Hardship Licenses in New York DWI Matters

    Many people who are arrested for and accused of DWI in New York need to be able to use their car to get to work on a daily basis. Unfortunately for those people, New York law generally requires the immediate suspension of an arrestee’s ...
  • 16-Dec-2010

    Federal Court Overturns New York Defendant’s DWI-Murder Conviction

    On June 14, 2004, night club owner Neville Wells struck with his vehicle and and killed 37-year-old Judith Gubernikoff on Manhattan’s Lower East Side. A grand jury charged him with one count of murder in the second degree and assault in the ...
  • 1-Nov-2010

    New York DWI Refusal Chart

    The following is a simplistic chart explaining the license suspension consequences of a person’s refusing to submit to a blood or breath test upon being arrested for driving while intoxicated (DWI) or driving under the influence of alcohol ...
  • 21-Sep-2010

    What is Braylon Edwards Looking At in Manhattan Criminal Court?

    As just about everybody in New York knows, Jets wide receiver Braylon Edwards was arrested this morning. He was later arraigned in New York County Criminal Court and charged with the misdemeanor crime of Operating a Motor Vehicle While Under the ...
  • 4-Aug-2010

    Upstate New York County Officials Question Implementation of Leandra’s Law

    As of August 15, 2010, any and all motorists who are convicted of a misdemeanor DWI charge — even first time offenders — will be required to install an ignition interlock device on their vehicle. The ignition interlock device would force ...
  • 19-Jul-2010

    New York DWI News of the Week

    The section of the Leandra’s Law requiring the installation of ignition interlock devices for first time offenders will go into effect on August 15, 2010. The passage of Jack Shea’s Law will expand the list of technicians qualified to ...
  • 12-Jun-2010

    New York DWI News of the Week

    What follows is a list of some of the interesting New York DWI news of the week for June 4, 2010 to June 11, 2010: The New York State Court of Appeals rendered a decision in People v. Ballman, 2010 N.Y. Slip Op. 04870, (June 10, 2010). The issue, and ...
  • 3-Jun-2010

    New York DWI News of the Week

    Noteworthy developments in New York DWI News for the week of May 27, 2010-June 3, 2010 Sen. Chuck Schumer announces intent to push new legislation to fund research into new technology to prevent drivers from taking the wheel while intoxicated. ...
  • 10-Dec-2009

    Constitutionality of Drunk Driving Checkpoint Upheld in People v. Castimer

    Among the constitutional protections afforded to Americans by the bill of rights is the Fourth Amendment prohibition against unreasonable searches and seizures. Of course, under the fourth amendment, police officers are not permitted to arrest or ...
  • 2-Dec-2009

    Leandra’s Law: New York State Legislature Passes Stern, New DWI Law

    On November 18, 2009, the New York State Legislature announced the passage of Leandra’s Law. Hailed as the toughest DWI law in the nation, the legislation is designed to enhance penalties for those found guilty of drunken driving with a child ...