Driving While Intoxicated

Quite often a situation arises where an out-of-state driver who is licensed in another jurisdiction is arrested and charged with Driving While Intoxicated (DWI) in New York State pursuant to Vehicle and Traffic Law (VTL) 1192.2 or 1192.3. The main difference in the outcome of the case (and during the pendency of the case) will Read on…

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…

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…

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…

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…

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…

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…

When you are pulled over for suspicion of Driving While Intoxicated (DWI), there are some things you should remember that you are not legally required to do. With that said, you should be courteous to the law enforcement officer and not be belligerent or act in such a manner where you could put yourself in Read on…