New York State Criminal Defense Attorneys

NY Criminal Defense Articles

26

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...
Posted by Seth Azria
03

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...
Posted by Seth Azria
30

What is Leandra's Law?

The Child Passenger Protection Act known as Leandra’s Law amended the Vehicle and Traffic Law and the Penal Law to establish a new Class E felony related to driving while intoxicated with a child as a passenger. The law also requires that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices. The law is named in memory of Leandra Rosado, an 11-year-old who was killed in a car accident in Manhattan in 2009. The New Felony DWI Charges First-time offenders charged with driving while intoxicated (.08 BAC or more) or with DWI...
Posted by Seth Azria
05

Do I have to submit to DNA testing if I'm convicted for DWI?

The latest Supreme Court decision of Maryland v. King has brought many questions from our clients, friends, and collogues in regards to what the ruling means for New York residents. Our response to these numerous inquires is as follows: DNA testing has been commonly collected for those convicted of a crime. In fact, All 50 states require DNA collection of those convicted a felony. In addition, New York has passed a bill that will allow police to collect DNA from anyone convicted of a crime (felony or misdemeanor) within the state, including those convicted of DWI. In recent years some states...

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Posted by Seth Azria

 

 

 

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The criminal defense lawyers at Azria & Bruffett defend individuals from charges in Onondaga county, central and western New York State. Prior results do not guarantee a similar outcome. The information on this site is not legal advice, it is Attorney Advertising intended to educate potential clients about their need for legal advice and assist them in obtaining a lawyer appropriate for those needs. Use of this site does not create an attorney-client relationship. Every case is different and every person should consult a lawyer to asses their particular case.  If you think this office can assist you please contact us for a free consultation