Call Menu

Blog

Can Getting A DWI Cause Me To Lose My Job?

The question of whether a conviction of DWI can cause you to lose your job is largely a function of the nature of your work. Clearly there is a stronger likelihood that a career that involves transportation or the care and safety of others can jeopardize one’s job. But remember that there are jobs wherein Read on…

Can I Get a DWI For Just Sitting In The Driver’s Seat With My Car On Even If I’m Not Driving?

This situation occurs more than one might think. To be convicted of VTL 1192.2 (DWI based on BAC> .08) or VTL 1192.3 (DWI- common law), you do not necessarily have to be driving a motor vehicle. The statute states that one must be operating a motor vehicle. And there is a wide latitude given as Read on…

What Penalties Come With A First Time DWI Offense In New York?

The penalties for a first time DWI Offense in New York vary depending upon the particular facts of the case. What this means is that your Blood Alcohol Content (BAC), your age, and whether you refused a chemical test can ultimately determine the outcome of the case as to penalties. Obviously, a motor vehicle accident Read on…

Can A DWI Be Reduced In New York? How To Get DWI Reduced In NY?

The simple answer to this question is yes, but there are a lot of factors that go into the question of whether a DWI can be reduced to the gold standard of VTL 1192.1 (Driving While Ability Impaired), which is a traffic violation and not a crime. Clearly a first-time offender stands a much better Read on…

Do I Need a Will if I Have a Trust?

Quite often, estate clients are interested in the creation of a trust, whether revocable or irrevocable, with varied purposes in mind. A trust is what is known as a testamentary substitute, meaning that assets that are titled in the name of a trust will pass outside the purview of a Last Will and Testament. This Read on…

Should I Plead Guilty or No Contest With My Traffic Ticket?

The first rule of thumb is before entering a plea to any traffic ticket, you should speak to an experienced traffic attorney. As a general rule, you should not immediately plead guilty to a traffic ticket. New York does not have “no contest” plea on the simplified traffic information (Uniform Traffic Ticket), although there can Read on…

What To Do If You Get A Work Zone Speeding Ticket?

When one receives a speeding violation in either New York, the consequences of the charge and possible conviction can have serious ramifications upon the motorist’s driving record, insurance premiums, and livelihood. If the motorist receives three (3) speeding convictions within an 18 month period, this scenario will subject the motorist to a six-month license revocation Read on…

What Is Undue Influence And Why Does It Matter?

As set forth in the New York Estates, Powers, and Trusts Law (EPTL), an interested party may object to a Last Will and Testament being offered for probate on the basis of undue influence exerted upon the Testator (the person who signed the Will). If it is determined that an interested party or family member Read on…

Do You Need To Update Your Power of Attorney?

As with any documents concerning your estate or incapacity, it is often quite prudent to review these papers at regular time intervals, especially when there is a change in life circumstances (i.e. marriage, birth, death, relocation). The Durable Power of Attorney (POA) in New York is no exception. As previously stated in prior blogs, the Read on…

How Many Agents Should You Name On Your Durable Power Of Attorney

Clients often ask me if they should have more than one agent named on the New York Durable Power of Attorney (POA). The high-level answer to this question is “it depends”. Logistically speaking, it is often easier if only one agent is appointed on the POA. This is because financial institutions may require both agents Read on…