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Can You Get a DWI if You are in a Parked Car?
Many people are familiar with New York’s drinking and driving laws and know that it is illegal to operate a vehicle while under the influence. But you may be surprised to learn that in some cases, you can also be charged with a DWI if you are intoxicated while sitting or “sleeping it off” in a parked car —...
What is Vehicular Manslaughter?
A DWI can come with substantial penalties — and the charges are even more serious if you killed someone while driving under the influence. There are three different types of aggravated and vehicular manslaughter charges that can be brought in New York, including aggravated vehicular homicide, vehicular...
What’s the Difference Between Having Criminal Charges Dropped Versus Dismissed?
If you’re a defendant in a criminal case, you may be wondering whether it is better to have the charges against you dropped or dismissed. These two results are not the same as being found “not guilty” by a jury — and it’s important to know the difference between them. Regardless of the underlying offense, a...
What is the Crime of Resisting Arrest?
Resisting arrest by a police officer is a serious matter in New York. If there was a dispute or altercation between you and law enforcement during the arrest process, it can result in additional criminal charges being brought against you. In the event you are facing charges for resisting arrest, it’s vital...
What is Drugged Driving in New York?
Operating a vehicle under the influence of alcohol isn’t the only impaired driving offense that can lead to an arrest. Critically, prescription drugs, over-the-counter medications, and illegal substances can all affect a person’s ability to drive. Drugged driving can be charged in New York as a misdemeanor...
What is an Arraignment?
If you have been arrested for a crime, the first time you will appear in court is at a proceeding called an arraignment. The purpose of the arraignment is for the judge to read the charges against you and find out how you intend to plea. You will also be told what your rights are, including the right to...
What are the Stages of a DWI Case in New York?
A charge of driving while intoxicated by drugs or alcohol is a serious matter in New York. If you’ve been accused of a DWI, you may be feeling stressed and overwhelmed — and it’s important to understand what to expect. Although the facts of every case are different, each typically goes through the same...
Can I Qualify for a Hardship License After Getting a DWI?
Loss of your license after a drug or alcohol DWI can have a negative impact on your life and livelihood — it can affect your ability to drive to school, travel to work, and carry out your daily errands. In limited situations, you may be eligible for a hardship license if your license has been suspended due...
What is an Aggravated DWI in New York?
A DWI of any kind is a serious matter that can result in harsh penalties, including monetary fines, a jail sentence, and license revocation. However, every DWI case is different — and the consequences can be even more severe if you have been convicted of an aggravated DWI. If there are aggravating factors...
What is a Bench Trial in a Criminal Case?
Most people are familiar with jury trials and know that a defendant has the Constitutional right to be tried by a jury of their peers in a serious criminal case. But a jury trial isn’t always the only option. If you’ve been charged with a felony or certain misdemeanor, it’s important to understand what a...
Penalties for Multiple DWI Offenses
A DWI is a serious matter — and the repercussions for multiple offenses can be much more severe. While a first-time DWI conviction is generally classified as a misdemeanor in New York State, a second offense within ten years constitutes a felony. If you’ve been charged with a DWI offense and have previously...
Common Mistakes to Avoid During a DWI Arrest
Being pulled over for drinking and driving can be a stressful and overwhelming experience. A DWI can not only result in monetary fines and jail time, but it can also lead to personal, professional, and financial ramifications. Critically, any mistakes you make during the arrest process can potentially harm...