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What are the Stages of a DWI Case in New York?

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...

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Can I Qualify for a Hardship License After Getting a DWI?

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...

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What is an Aggravated DWI in New York?

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...

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What is a Bench Trial in a Criminal Case?

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...

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Penalties for Multiple DWI Offenses

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...

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Common Mistakes to Avoid During a DWI Arrest

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...

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What are the Consequences of Refusing a Chemical Test?

What are the Consequences of Refusing a Chemical Test?

Under New York’s Implied Consent law, all drivers agree to submit to a chemical test if they are pulled over on reasonable suspicion of drunk driving. These tests are used by law enforcement to determine the level of alcohol in the blood. While the most common chemical test is a breath test, the statute...

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What is a Pre-Trial Motion?

What is a Pre-Trial Motion?

If you’ve been charged with a crime, you need a solid defense. One of the tools your criminal defense attorney will use as part of your defense strategy is the filing of pre-trial motions. Depending on the facts and circumstances of your case, a pre-trial motion can result in getting the charges against you...

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What is New York’s Zero Tolerance Law?

What is New York’s Zero Tolerance Law?

Being charged with drunk driving at any age is a serious criminal offense that can result in steep consequences. However, New York State law provides distinct penalties for underage drivers who have been charged with DWIs. The Zero Tolerance Law specifies a lower blood alcohol content (BAC) threshold for...

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When Can You Appeal a Criminal Case in New York?

When Can You Appeal a Criminal Case in New York?

If you’ve been convicted of a crime, you might still have the option to continue your defense in some situations. Depending on the circumstances of your case, you might be eligible to appeal the conviction or sentence to achieve a dismissal of your case, a reduction in your sentence, or another favorable...

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Understanding the Protections of the Fifth Amendment

Understanding the Protections of the Fifth Amendment

Under the United States Constitution, an individual who has been accused of a crime is protected from self-incrimination. Commonly referred to as “the right to remain silent,” the Fifth Amendment guarantees that a person cannot be compelled by the government to provide information that might suggest their...

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