So you have been charged in New York with Driving While Ability Impaired by Drugs (VTL 1192(4) or VTL 1192(4-a) if it’s a combination of drugs and alcohol) – specifically, the drug you are alleged to have ingested is cocaine. What comes next? Many times the officer who makes the…
Driving While Intoxicated in New York is a serious offense with serious consequences. You need an experienced New York criminal defense attorney who knows not only the law, but the science behind the testing. As I discussed in a previous blog, when one is suspected of Driving While Intoxicated but…
New York State traffic offenses such as speeding tickets, DWI’s, Driving with a Suspended License and other driving infractions and crimes are getting more expensive. New York State already imposes surcharges totaling $85 for any traffic infraction over and above any fine. The total Surcharge is $80 in City Courts.…
If you are arrested for Driving While Intoxicated (DWI) in New York, you generally, do not take a chemical test of your breath, blood or urine for up to two hours after your arrest (if you in fact take the test). Therefore, while the test you take (usually a Breathalyzer…
As experienced New York DWI attorneys, we deal with many different types of New York DWI cases. Many times in a New York Driving While Intoxicated (DWI) case, the motorist will have an allegedly high Blood Alcohol Concentration (BAC) but yet perform well on Field Sobriety Tests (FSTs) such as…
The difference between a New York criminal conviction for Driving While Intoxicated and a non-criminal conviction for the violation of Driving While Ability Impaired lies in the extent of the driver’s impairment. In fact, where a defendant is charged with Common Law Driving While Intoxicated, it is a common strategy…
Anyone arrested for Driving While Intoxicated in New York should be offered an opportunity to submit to a chemical test of their blood, breath or urine. If an offender refuses the chemical test in New York their license may be revoked for a period of one year regardless of whether…
New York State may be the 11th State in the United States to make ignition interlock devices mandatory vehicles owned by people convicted of drinking and driving (DWI) even if it is their first conviction. The device can detect alcohol in a driver’s breath and prevents the car from starting…
Tilem & Campbell would like to wish our friends, clients, colleagues and loyal readers of this blog a very happy, healthy and successful holiday season and 2009. During this time of year it is important to remind everyone to be careful on the roads. As we celebrate with our families,…
In New York, it is illegal for one to operate a motor vehicle while that person’s ability to operate the motor vehicle is impaired by the use of a drug as defined in VTL § 114-a (See VTL § 1194(4) for the exact wording of the statute). Vehicle and Traffic…