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DWI

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 Should I Do If I Am Charged With A DWI And There Is A Motor Vehicle Accident?

As serious as a charge of misdemeanor driving while intoxicated (DWI) pursuant to New York Vehicle and Traffic Law (VTL) 1192.2 can be, the consequences can be even direr if there was a motor vehicle accident involved. Depending upon the extent of injuries, the charge can be elevated to criminally negligent homicide or manslaughter if Read on…

When Do You Have To Obtain An OASAS Evaluation For A DWI Case?

If you are pulled over and subsequently arrested for suspicion of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUI) in New York, it is very possible you will need an alcohol assessment evaluation which is known as an OASAS evaluation. This report is required if the defendant is going to plead Read on…

How Long Is Your Driver’s License Suspended For A DWI In New York?

Vehicle and Traffic Law (VTL) 1192 is the controlling statute on the subject of driving while intoxicated (DWI), driving while ability impaired (DWAI), or Driving While Impaired By Drugs (DUI). The different sections of the statute speak to the issue of driver suspension or revocation of their license (or driving privilege if out-of-state) and the Read on…

Can Nassau County Confiscate My Car If I Am Pulled Over for a DWI?

Pursuant to the Nassau County Administrative Code §8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County. To the extent that motor vehicles are employed to commit Driving While Intoxicated Read on…

What Happens If I am Pulled Over For A Third DWI Offense?

As I often advise clients, if you are pulled over by a law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Impaired by Drugs (DUI), do not admit fault or liability, but be sure to be respectful to the officer. Having an attitude, belligerent or otherwise, will not help your cause. Read on…

Can Nassau County Confiscate My Car If I Am Arrested For A DWI?

Pursuant to the Nassau County Administrative Code §8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County. To the extent that motor vehicles are employed to commit Driving While Intoxicated Read on…

What Happens If I am Pulled Over for a Second DWI Offense?

As I often advise clients, if you are pulled over by a law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Impaired by Drugs (DUI), do not admit fault or liability, but be sure to be respectful to the officer. Having an attitude, belligerent or otherwise, will not help your cause. Read on…

3 Things You Should Do If You Are Pulled Over For A DWI In Merrick, NY

There are three things a motorist should do if they are pulled over by a law enforcement official for suspicion of DWI in Merrick. For one, you should not admit any wrongdoing. Once detained and arrested, you must be read your Miranda Rights advising you of your Fifth Amendment rights against self-incrimination and that you Read on…