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Being charged with a DWI in Brooklyn is a serious offense. The penalties are rather stiff, particularly if this is not your first time being arrested. Beyond that, you might be entirely innocent of the crime. However you might feel in the moment, the seriousness of a DWI charge simply cannot be discounted. Your very livelihood and sense of well being is at stake. For these reasons alone, you simply must hire a professional an experienced criminal defense attorney to represent you every step of the way.
Know Your Rights
If you have never been involved with a driving under the influence charge, you might not even know what your rights are. It might be difficult to know if you should submit to a breathalyzer test and what to say and not say at your initial arraignment hearing. These are just a few of the many thoughts that will be going through your head in the moment. In addition, this will be a stressful time for even the calmest of individuals, so rational thinking might not even be a possibility. When you have a lawyer representing from the outset, you will have someone to guide you every step of the way. While an attorney can’t just snap his or her fingers and make the charges go away, they can make sure that sure that your rights are protected at every turn.
Protect Your Livelihood
Never mind the fact that you obviously cannot work if your locked up behind bars, it will be increasingly difficult to find gainful employment should you be found guilty of a felony DWI charge. The sad reality is that many people across the region are wrongfully convicted every year and receive a harsh sentence simply because they do not have adequate legal counsel representing them. You need to have your rights defended so that are not stigmatized in the employment community as a result of a DWI charge.
Prove Your Innocence
There are many explanations why you might be suspected of a DWI. This does not always mean you were actually intoxicated while operating a motorized vehicle. Knowing that and proving it in a court of law, however, are two entirely different things. While our legal system is predicated on the notion that the charged individual is innocent until proven guilt, the cards can seem stacked up against you when you encounter the full might of a criminal prosecution.
You have to remember that the prosecutor in your DWI case will be professional and experienced. He or she will do everything in their power to see that you pay for the crime you are convicted of. You need to keep that from happening by hiring an even more qualified and capable defense attorney to prove your innocence. Your lawyer will go back and ensure that every procedure was followed correctly during your arrest. If something is not right, they will find out and work to get the charges reversed.
The Actual Charge Does Matter
When it comes to a DWI charge, there are varying degrees of the offense that can be leveled against you in Brooklyn. A felony DWI charge is much more serious than a misdemeanor, for example, so your NYC dwi lawyer will work to get you a lesser charge if at all possible. This often goes to the level of stimulant that was found to be in your blood at the time. This is why the integrity of the test and how it was administered is so important. Again, these are all matters that your lawyer will expertly handle for you.
Contact a brooklyn DWI attorney today if you been charged with a crime.
DWI stands for driving while intoxicated, and it is a serious offense for any driver who commits it. Whether the individual is drinking alcohol, taking prescription medication, or using illegal drugs, intoxicated is intoxicated and the individual shouldn’t be behind the wheel. If someone is caught driving while intoxicated they will be arrested and charged. When that happens the best chance someone has is to hire a Brooklyn DWI lawyer as a representative.
What brooklyn DWI Lawyers Do
A DWI lawyer is someone who has passed the bar exam in his or her given state, and whose experience is focused on defending clients accused of driving while intoxicated. These individuals are experts on both the statutory laws as well as the case laws in a given area regarding cases of this nature, and they have made it their missions to defend clients in this particular arena. It’s also important to remember that, while a DWI lawyer is likely the best there is at representing clients accused of this particular crime, that’s no guarantee that clients will be found not guilty. The outcome of a case depends on the circumstances of the arrest, the skill of the lawyer, and whether or not a settlement is reached out of court.
For instance, if someone was found driving while visibly intoxicated, and tested medically for proof of an illegal blood alcohol level then the prosecution has quite the air tight case. The best a DWI attorney can do at that point is attempt to mitigate the punishment his or her client is going to receive for the crime in question. On the other hand, if someone was stopped for no apparent reason and there was no confirmation of intoxication made before arrest, then the prosecution’s case is quite flimsy. In those instances having a DWI attorney on hand to punch holes in the case against his or her client is truly invaluable.
The Best Chance
It cannot be stated enough that there’s no guarantee of a win in court. On the other hand the chances of someone winning a case in his or her favor with a lawyer who doesn’t know the letter of the DWI laws, or who isn’t aware of all the nuances of DWI cases, aren’t good either. That’s why it’s always best to get the most experienced DWI lawyer possible to increase the odds of a positive outcome.
Brooklyn is very strict when it comes to DWI (Driving While Intoxicated) offenses. It’s important to know the consequences of a DWI in your state or any state you travel. If you’ve already been charged with a DWI, it is of even greater importance to know the specifics of what you will be experiencing and what your rights are. You’ll also need a Brooklyn DWI lawyer.
In Brooklyn, simply driving a car means that you have already consented to being checked for an elevated blood alcohol level, or BAC, by blood test or breathalyzer. In Brooklyn, the level that is considered intoxicated is .08 or higher. If your blood level reads less than .08, your charge will most likely be a misdemeanor, which can come with a fine of up to $1,000 and a year in jail. It is also possible that you will lose your driver’s license for up to a year. What some people don’t realize is that, in Brooklyn, there is a Pre-Conviction Penalty law. This means that as soon as you are charged with a DWI, your license is suspended, even before you have been sentenced.
It is possible to get an elevated charge. If you are tested by breathalyzer or blood test and have a BAC of .18 or higher, you will likely be charged with Misdemeanor Aggravated DWI. This higher charge can come with a fine of up to $2,500 and a jail sentence of a year or more. If you’re stopped and test higher than .08 BAC and have a minor in car that is younger than 16 years of age, you can be charged with a felony which is punishable with a prison sentence of up to four years.
Once charged, you’re more than likely going to lose your license, one way or another. There are some ways to get driving privileges back, even if only temporarily. These include hardships, work releases, and minor dependent-care.
Because of all of the different ways these cases can go, you’re definitely going to want an effective lawyer on your side. Finding a run-of-the-mill lawyer might not be enough in this case, so your best bet is to do a lot of research an find a lawyer with a proven track record of experience and success with DWI cases.
A Brooklyn drunk driving charge can be a misdemeanor or a felony depending on the circumstances of the offense. Either way, it’s a serious charge that requires a vigorous defense. In Brooklyn and in all of New York, most drunk driving charges are called driving while intoxicated, aggravated driving while intoxicated or driving while ability impaired.
Classification of the offense
A first drunk driving offense is usually punishable by up to one year in jail. If the conviction is for driving while ability impaired by alcohol, the jail exposure may be limited to fifteen days. While violators of New York’s zero tolerance law can’t face jail time, they face a longer license suspension than a person convicted of driving while ability impaired by alcohol.
A high blood alcohol level or prior convictions can quickly make an offense more serious than a typical DWI charge. With a blood alcohol level of .18 or more, an offender faces aggravated drunk driving charges. An aggravated drunk driving charge comes with a larger fine and a longer license suspension than a traditional Brooklyn DWI charge.
Repeat offender charges
Even one prior DWI offense within ten years enhances a simple drunk driving offense to a felony. A second drunk driving offense within ten years is a class E felony. Fines can range up to $5,000. A third drunk driving offense can land an offender in jail for up to seven years. It’s important to keep in mind that it’s up to the state to prove the prior offenses against you unless you enter a plea. It’s not unheard of for a state’s attorney to make errors and allege prior offenses that are outside the ten-year limitation period or that are for a different person entirely. If this happens to you, it’s critical to work with a brooklyn DWI attorney to clear up the matter.
Even though these are the maximum possible penalties, you might not necessarily serve the maximum sentence for the offense. Judges have a great deal of discretion in sentencing. There might be mitigating circumstances that reduce your culpability. You may have taken steps to rehabilitate yourself even before your sentence that might help the judge fashion a more lenient sentence.
When we work with clients, we discuss your goals, and then we set to work to address the case in a way that keeps your goals in mind. Preparing for a sentencing hearing if you enter a guilty plea is one of the important steps in representing a client to reach the best possible outcome in court. We prepare information to present to the judge in a convincing way to show them why our proposed sentence is the most appropriate for your case.
Commercial licenses and zero tolerance laws
In most cases, drunk driving occurs when a person drives with a bodily alcohol content of a .08 or higher or while their ability to drive is impaired by alcohol, drugs or a combination of alcohol and drugs. However, a commercial driver has a higher burden. Any time they drive with a blood alcohol content of a .04 or higher they’re a drunk driver. For drivers under the age of twenty-one, any time they drive with a blood alcohol content of a .02 or higher, they’re in violation of New York law. Penalties for repeat zero tolerance offenses can include suspension of an operator’s license until the offender reaches twenty-one years of age.
Available defenses to a DWI charge
You may have defenses to the charges against you that can result in a complete dismissal of the case. The state might not be able to prove the charges against you. In some cases, you can bring a motion to the court to throw out evidence before a jury ever hears a word about the case. Usually this occurs when there’s a search and seizure violation. In other cases, there are defenses that the jury can hear that can call your guilt into question.
Sometimes, we work with experts that bring the state’s chemical evidence into doubt. An expert may be able to explain how your blood alcohol level was lower at the time you drove the vehicle than it was when you took a chemical test. They may be able to explain to the jury where the officer made errors that make their field sobriety tests unreliable.
Crimes are made up of steps or parts. These steps are called elements. If the state’s attorney can’t prove even a single element against you, the case fails. As your Brooklyn DWI lawyers, we invest the time to conduct our own investigation and go through the case element by element to see where the state’s evidence might be weak.
Why work with us
At Spodek Law Group, we’re committed to helping you defend your case in the best way possible. A skilled and seasoned attorney might spot defenses in your case that you hadn’t considered. Working with us gives you the confidence to know that you’re defending yourself with a team of experienced Brooklyn DWI lawyers by your side. If you’re facing a drunk driving charge, please call or message us today so that we can start working on your case.
New York Penal Law 125.14: Aggravated vehicular homicide
If you are intoxicated, under the New York Penal Code, you will be charged with a serious crime if you drive an SUV, a car, a minivan or any other type of vehicle and kill another person in the process of driving. Three offenses relate to killing someone when you are driving under the influence of alcohol and drugs. Aggravated vehicular homicide is the most serious of all these crimes. Under the New York penal law 125:14, you are likely to face a charge of the aggravated vehicular homicide if you drive carelessly under the influence of drugs and alcohol. During the process of driving, you hit and kill a person, and:
• Your BAC examination and test proved to be more than .18,
• Within the past decade, you were previously convicted of driving under the influence of alcohol and drugs in New York or any other state in the United States,
• You have your driving privileges suspended in any other state in the United States because you were convicted of driving under the influence of alcohol and any drug.
• You had your driving privileges suspended because you refused to take a chemical examination if you were driving under the influence of alcohol and any other drugs.
• You caused the death of more than one person while driving under the influence of drugs and alcohol.
• You were convicted previously for committing vehicular assault, or vehicular manslaughter
• A 15-year-old child and below child as present in the car when you were driving.
Joe, on his way home from duty, stopped at the local bar and had some few beers. After getting drunk, he decides to drive home. When he approaches the stop sign, he slows down but does not stop driving. A lady by the name Kendra steps in the walking lane and gets hit by Joe. Kendra was pronounced dead when she landed the hospital. Joe’s breathe smells alcohol. He is also arrested because he performs poorly at the field sobriety. If the chemical test reveals that he had more than .18 BAC in his blood, he could be prosecuted and convicted of aggravated vehicular manslaughter.
1. First-degree vehicular manslaughter: New York Penal Law 125:13
2. Second-degree vehicular manslaughter: New York Penal Law 125:12
3. Reckless driving: New York Penal Law 1212
You must have a BAC test of at least .18 to be charged with aggravated vehicular homicide. When the law enforcement test is conducted on you, it must show that you had that chemical amount in your blood system. The test must also be performed in a manner that suggests that the test is unassailable. You can also challenge the chemical test accuracy as evidence.
You can also defend yourself on how the test was administered. There are rules that must be followed to have the chemical test administered to you.
Because aggravated vehicular homicide is one of the crimes classified as class B felony, you can face a prison sentence that does not exceed 25 years. A fine can also be accompanied. Your driving privileges can be revoked or suspended.
The nyc criminal attorneys Law Firm
It is imperative that you seek the services of an experienced attorney if you are charged with vehicular homicide. If you get convicted for 25 years, you will lose your time away from your loved ones and career. The staff at NYC Criminal Attorneys Law Firm has many years of professional experience in defending their clients in the New York criminal courts who have been charged with conspiracy, manslaughter, and vehicular manslaughter. Call us to schedule a free consultation session with an experienced lawyer.
How Does Ecstasy Affect a Person’s Normal Faculties in a DUI?
Most people would associate driving under the influence with driving while intoxicated. Intoxicated is commonly associated with the ingestion of alcohol. In reality, anyone who has taken an illegal drug may be arrested for a DUI. The club drug ecstasy is among those drugs since it can impact the ability to drive.
Any ecstasy user who has been pulled over for suspicious driving could be looking at very serious repercussions. Illegal drugs can impair a person’s ability to drive a vehicle in a safe manner. This is why laws exist on the books to sanction drivers who get behind the wheel after using controlled substances.
Understanding Ecstasy-Related Impairments
Ecstasy — the drug MMDA — is deemed a euphoric and a stimulant. In many ways, ecstasy shares similarities to amphetamines in terms of the effect the drug may have on the user. The National Institutes of Health published reports in 2011 chronicling studies related to drug use and driving. In the reports, it was revealed that MMDA by itself or combined “raving-oriented” sleep loss makes a person unfit to drive. In short, a person impaired by MMDA might be a serious danger behind the wheel.
Volume and Impact
The higher the quantity of MMDA a person uses, the greater the likelihood of more severe impairment. Again, MMDA has a stimulant effect on the central nervous system. Side effects associated with MMDA may occur at any amount of use, but higher amounts bring forth the risk of increasing their severity. Lack of concentration is one obvious problem inherent with a mind and mood altering substance. With MMDA, hallucinations and auditory and visual sensitivity could be experienced. Driving safely certainly becomes difficult when suffering from such side effects.
The euphoria derived from ecstasy use could lead a driver to speed or engage in other ill-advised road performance. He she may not be attentive to changing lights or might perform unsafe lane changes. Such actions do present hazards on the road.
In terms of the legal questions surrounding guilt or innocence of driving under the influence of MMDA, there are several components that must be addressed.
Drug Testing for MMDA
A driver who is pulled over for a DUI may be subjected to blood and/or urine drug testing. Both tests might reveal the conclusive presence of ecstasy in the system. A urine test can detect the presence of MMDA in the system for up to several days since the last use. Blood tests not only detect presence, blood tests also reveal concentration with greater accuracy.
In terms of legal standards, the presence of ecstasy in the system might not be enough to prove someone was actually impaired by the drug. A person who tests positive for the presence of ecstasy in his or her system is not necessarily “under the influence”. The individual may also need to experience other signs of impairment and being intoxicated. Prosecutors do need to prove a guilt “beyond a reasonable” doubt. If the charge is driving under the influence, then there must be proof the person was too impaired to drive.
Again, a person has the drug in his/her system even though he/she has not used the drug in several days. After several days, the drug’s ability to impair driving might be legally questionable. Such could be the basis for a defense to ecstasy-related DUI charges.
Prosecuting the Case
Expert witnesses may be called by the state to address questions about the concentration levels found in the bloodstream. A physician might suggest that impairment is highly possible based on the amounts found in the blood samples. Such testimony, combined with police reports indicating erratic driving and impaired behavior, may very well convince a jury of guilt.
Of course, if small amount of the drug are found in the system, the defense attorney could bring forth an expert witness as well. The witness could cast doubt on whether or not the amounts are enough to cause impairment.
Ultimately, anyone who has been charged with a DUI while using ecstasy should speak with a qualified defense attorney who has experience with these types of cases.
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