New York Operating A Motor Vehicle While Under Influence Of Drugs – Dismissed

Our client was charged in New York with VTL 1192.4 Operating a Motor Vehicle While His Ability To Operate Such Vehicle Was Impaired By The Use Of  A Drug, in this case Marijuana.

In this case the police had set up a Safety Checkpoint.  When our client approached the checkpoint the police officer observed that our client had bloodshot eyes and that there was a strong odor of alcohol coming from our client.  The officer reported that he ordered our client out of the car and that our client had bloodshot and watery eyes, was unsteady on his feet and was swaying. A breath test was administered and the results were 0.00%.  Our client consented to a urine sample being tested.  The results of the urine test were positive for THC Metabolite.

We requested that the Prosecutor turn over  to us the video of the field sobriety tests.

After several conversations with the prosecutor and all of the police reports were turned over to us our client turned down an offer to plead guilty to Driving While Ability Impaired.  Based upon the proofs provided, we supported our client’s decision to reject the lower offer.  On the day the case was in court for hearing and trial the attorneys spoke with the prosecutor again.  As a result of that conversation the prosecutor agreed to dismiss the DWI-Drugs and our client plead guilty to disorderly conduct a violation and NOT a crime.  There was NOT ANY DRIVERS LICENSE SUSPENSION as a result.  Our client did NOT have to do the DDP nor will he be subject to a surcharge or ignition interlock device.

ONE MORE VERY SATISFIED CLIENT!

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances.  Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York DWI Reduced To Reckless Driving

Recently we represented a client in New York that was charged with a DWI and had a refusal to take the breath test.   After months of our law firm filing motions with the court to protect the rights of our client, against the prosecutor the case was ready for trial.  After extensive negotiations with the prosecutor we reached a plea agreement which resulted in the dismissal of the DWI in exchange for a plea to reckless driving.  As a result of the plea our client did NOT have any drivers license suspension.  Our client held a CDL (commercial drivers license) and could not accept any plea to a DWI or a Driving While Ability Impaired (DWAI) because it would result in an administrative suspension of his CDL.

One more VERY SATISFIED CLIENT!

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances.  Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Another New York DWI Refusal Hearing Win

At a recent New York DWI Refusal Hearing we successfully argued that the police lacked probable cause for the arrest.  The refusal report was put into evidence during the hearing that was held at the New York Department of Motor Vehicles Hearing  Office. We argued that the refusal report lacked the requisite specificity required to establish probable cause for the DWI arrest.  The Administrative law judge agreed with our argument and “closed” the case.

As a result, our client who held a commercial drivers license kept his drivers license and his job.

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances.  Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

NYC Office: 212 683 5912

Buffalo: 716 631 9999

Rest of State: 1 800 879 6410

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Refusal Hearing Success in New York

We recently had a great result at a Department of Motor Vehicle Refusal Hearing which we would like to share with you. Our client was charged in New York with driving through a steady red light and a driving while intoxicated, DWI.  After being pulled over by the police officer our client was placed under arrest.  The Report of Refusal filled out by the arresting officer and submitted to the Administrative Law Judge at the refusal hearing indicated that our client had blood shot and watery eyes, and a odor of alcohol on his breath.  The report also indicated that our client refused to take the breath test.

At the first scheduled refusal hearing the police officer did not appear.  As a result we were able to get our client’s driving privileges restored.  The refusal hearing was rescheduled for several months later.  At the rescheduled hearing the police officer once again did not appear.  As you know, if you have been reading our blogs, that at that point the ALJ can rely on the written reports submitted to the DMV to establish that the stop of the vehicle was lawful, that the arrest was based upon probable cause, that the refusal warnings were properly given and that in fact there was a refusal that took place.

Once the ALJ admitted the “Report of Refusal to Submit to Chemical Test” into evidence we objected by stating that the report was insufficient to establish probable cause that our client was driving while intoxicated.  The ALJ agreed with our argument and “closed” the matter.

As a result our client won the refusal hearing, avoided any suspension, does not have to pay the $500 fine and does not have to pay the Driver Responsibility Assessment of $750 which is $250 per year for three years.

We are experienced New York DWI attorneys who know the law.  We are here to protect your rights and your drivers license.

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

 

Assault Trial In Brooklyn, New York – Verdict- Not Guilty of All Charges

Our client was arrested and charged in Kings County, New York with assault, harassment and menacing in December 2009. On behalf of our client we filed a series of motions to protect our client’s Constitutional Rights. The Judge granted several pretrial hearings. Those hearings were held and lead to a trial that took place in Brooklyn, New York.

In June 2011, a trial was held in Kings County, New York Criminal Court were the prosecutor called several witnesses. Each of the prosecution witnesses was cross-examined by Carl Spector. At the conclusion of all the testimony the Judge found our client NOT GUILTY of all the charges.

If you have been arrested or charged with assault or any crime in New York including DWI in New York, then call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York DWI Case Reduced – Car Accident Involved

We recently represented a client in New York that was charged with driving while intoxicated, DWI. As part of the case our client is alleged to have caused an accident that resulted in his vehicle striking a taxi and as a result the taxi was forced off the road and struck a pedestrian. The client hired us as his second attorneys to try to resolve this case.

We obtained all the police reports in the case including the accident report. After reviewing these documents and speaking with our client, our law firm engaged the prosecutor in extended and very intense plea negotiations. The prosecutors office was taking a very hard line against our client because the pedestrian had gotten injured in the accident.

As a result of all of our efforts our client was able to avoid any jail time, avoid a DWI conviction, avoid the ignition interlock device being installed in his vehicle and avoid a criminal record. Our client was able to enter into a plea agreement to allow him to plead guilty to driving while ability impaired, DWAI with a minimal suspension and a minimal fine.

We had a very satisfied client, to say the least.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York Charges Criminal Contempt-Case Dismissed

We recently represented a client in New York that was charged with Criminal Contempt in the Second Degree. The allegation was based upon a violation of a restraining order issued on behalf of our client’s former spouse.
Our firm did an extensive investigation into the matter and presented our findings to the District Attorney.

In the end the District Attorneys office agreed that our client did not violate the essence of the restraining order based upon the information presented by our firm.

On the second court date the Prosecutor’s office moved to dismiss the charge against our client.

If you have been arrested or charged with any criminal offense or a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Can I Get My New York DWI, DWAI Case Dismissed?

YES, our office successfully represented a client charged with driving while intoxicated DWI and driving while ability impaired DWAI in New York and got the case dismissed. The case started with a sobriety checkpoint in which our client was stopped and ordered out of his car to take a field breath screening test known as the Alco-Sensor. After the breath screening revealed alcohol in our client’s system the police made an arrest. Another breath test was performed at the police station with similar results.

Our law office filed motions to protect the rights of our client, demanded police reports from the prosecutor, analyzed the reports, discussed our findings of those reports with our client and we went ahead and presented our position to the District Attorney. In the end, the District Attorney’s Office agreed that there was not enough evidence to prove their case against our client and based upon those conversations the District Attorney’s Office and our law office applied to the judge for a dismissal and the judge agreed to grant a dismissal on all charges.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.