Articles Posted in NY DUI / DWI

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Each and Everyday in New York, people are arrested when the initial contact with the police is from a simple motor vehicle stop. When you find yourself pulled over by the police, this tips will avoid having the situation escalate beyond a traffic stop.  Continue reading

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I am often asked by clients when points “come off” their driving record. The simple answer is NEVER. Points or convictions are never taken off of your driving record. They remain forever. However, the infirmaries and problems convictions and points cause diminish over time. The points only cause a problem when you are within a “look back” period for whatever the DMV, your insurance company, or perhaps a job, is looking back for.  Continue reading

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One of the main decisions you will make after deciding to fight a ticket is to decide whether to retain counsel or go it alone, known in the legal business as being pro se, which is a fancy Latin term for representing yourself in court.

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This is the story of one Kevin B. Acevedo, a repeat convicted drunk driver that the NY State has had enough with. Let this prove a cautionary tale as to why you should never, ever drink and drive in New York State. The story starts out routine enough. Back in 2003 Kevin was caught drinking and driving,

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Movie stars, ball players, singers, dancers, magicians, circus clowns, and yes, even comedians get speeding tickets. Our office has represented them all. Our most recent famous client is none other than actor, comedian, funny man, and working class “every man” Vic DiBitetto. Vic was recently

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The Interstate Driver License Compact is a compact used to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the home state where the driver is licensed. The theory is Continue reading

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Starting in September of 2012, New York State and the NYS Department of Motor Vehicles re-doubled their efforts to keep recidivist drunk and drugged drivers off of the road. These new laws and regulations are the toughest in the nation. Under the new regulatory scheme licenses and / or driving privileges of motorists who have racked up three or more DWI convictions in the past 25 years are suspended for at

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You’re driving along, minding your own business, doing the speed limit and otherwise obeying all of the traffic laws. Suddenly, there are lights flashing in your rear view mirror. You pull to the right to let the cop by, because you are doing nothing wrong. But he remains behind you. You pull further right but keep driving because he CAN’T be stopping you. But he is. And you did NOTHING WRONG. Now what? How do you handle this?

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First off, if you think this does not happen, think again. It does happen, and it recently happened to me of all people late one night on the Garden State Parkway in New Jersey driving back from Atlantic City to New York.

Police_Lights_nightIt was approximately 2:30 a.m., I was in the right lane with the cruise control set at 60 mph – the speed limit was 65. I was behind another car in the right lane doing the same speed. Suddenly there are flashing lights in my rear view mirror.

Two young troopers descended upon our car – a 2003 Lexus. One came to meconfused2 and the other to my friend in the passenger seat. Upon giving the trooper my license and registration he asked “do you know why I stopped you?” My advice to giving a response is always “no,” because you have absolutely no idea what is in the cop’s head even if you know you were breaking a traffic law. But in my case I REALLY HAD NO IDEA – and that is what I told him – “I have absolutely no idea why you stopped me, officer.”

The trooper then stated that  he had observed me “swerving all over the road.”  This was a total fabrication. So what to do in this situation? One, STAY CALM. Two, DON’T AGREE EVEN IF YOU DID SOMETHING WRONG. Three, choose your words carefully because EVERYTHING IS ON VIDEO AND AUDIO TAPE.

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Leandra’s Law – Mandatory Ignition Interlocks

Starting on August 15, 2010 anyone convicted of Driving While Intoxicated in the State of New York will be required, as part of a sentence, to install a breathalyzer interlock on any vehicle that they own or have access to. This Drager XT picrincludes first time offenders. The legislation, formally called the “Child Passenger Protection Act” but commonly known as “Leandra’s Law,” was enacted after the death of Leandra Rosado when a friend’s mother crashed on Manhattan’s West Side Highway while driving Leandra home from a party. The driver has been accused of driving under the influence of alcohol (DUI) and at the time of this writing her case is pending.

Starting an Ignition Interlock Device (IID) equipped vehicle requires blowingIgn blow into the ignition connected unit. If alcohol is detected the device will prevent the vehicle from starting. Furthermore, it reports positive breath-alcohol content (BAC) to probation authorities, which results in a violation of probation charge which could lead to a jail sentence.

money2_2The cost to install and maintain the device is the convict’s responsibility. The installation fee is $75.00 and monthly maintenance is another $70.00 monthly, and the minimum time period an IID must be installed on the convict’s fleet_004vehicle is 6 months. Moreover, the ignition interlock device must be installed not only on the convict’s car, but any car the convict has access to, and the convict is prohibited from driving any vehicle that does not have an installed IID. Continue reading