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DUI/DWI Cases

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The Importance of a Having A Skilled & Experienced Criminal / DWI Lawyer Handle Your DUI Case in New York

Criminal Record

An arrest for DWI in New York has many ramifications. First of all you will be facing criminal charges and a potential criminal record, as a conviction for Driving While Intoxicated would give you at least a misdemeanor record and in some cases a felony. A criminal record would potentially put someone in danger of losing their job or prevent you from seeking future employment if a background check was done or if you’re faced with filling out an application and asked “if you have ever been convicted of a crime.”

Sentencing- Jail Time/ Probation/Fines/Program/ License Suspension or Revocation

With a conviction a mandatory sentence would follow. You could receive a sentence of a fine, a DWI program, and a license suspension or revocation or even jail time or probation. A fine can range anywhere from as low as $300 to as high as $10,000 in some cases. Your license could be suspended for 90 days or revoked for as long as 18 months. You could also receive a sentence ranging from no jail time to up to 7 years. The trend in New York over the last couple of years has been the DA’s offices and courts getting much tougher on DWI cases. It would have been easy for me to say that most first time offenders without many aggravating factors would not have to aggressively fight to at the very least receive no jail time after a first DWI arrest. But nowadays some of the counties in New York, especially Nassau County, you need to aggressively fight DWI charges just to avoid jail time even on a first arrest. That is why it is important to have a knowledgeable and experienced DWI lawyer in New York handle your case. To maximize your potential in having your case dismissed or reduced to something without any record and mitigating your case to the lower end in the wide range of potential sentences. Aaron Wallenstein is a premier New York Criminal / DWI lawyer who has had numerous DWI cases in New York dismissed. He handles DWI Cases in most New York Counties Such as Manhattan, Queens, Brooklyn, Bronx, Rockland, Westchester, Richmond, Nassau, and Suffolk. How your case is handled could be the difference between a dismissed case, or at the very least a reduced charge to something that would give you no criminal record, as opposed to having a criminal record. It could be the difference in having no penalty as opposed to serving jail time or paying a fine and doing a program. It could also mean the difference between having your driving privileges restored or having your driving privileges suspended or revoked for a longer period of time.

Forfeiture of Your Vehicle

A New York DWI case will usually not only have criminal ramifications but also civil ramifications, such as the seizure of your car. Under the Giuliani administration, it was established that the State of New York could seize your car as a civil penalty, just for being arrested for a DWI, since it was used as an “instrumentality of a crime”, much like cars or other assets seized from a drug dealer etc. The vehicle is then supposed to be auctioned off with the proceeds going to the State of New York. In most New York DWI cases, where the accused is the registered owner of the car driven, the police officer will seize your vehicle and voucher it for forfeiture. Sometimes, when an officer is not as experienced, he will return the car accidentally to a family member. Sometimes the officer will seize the vehicle for forfeiture even where the accused is not the registered owner of the vehicle. Often, the arresting officer will give the accused not only a voucher for his car, but a pink sheet of paper for the motorist to fill out for a retention hearing, to attempt to get his car back. Often, without a New York DWI lawyer the accused fills out the request for a retention hearing to get their car back. In just about every case requesting this hearing is the wrong move in getting your car back. An experienced New York DWI lawyer will be able to get your car back for you in a timely fashion, with the least amount of hurdles, by dealing directly with the NYPD forfeiture unit and the DA’s office. In a recent article in the New York Post (December 30, 2008, “Seize Matters: Cops Keep Majority of Crook Cars”) the author claimed “the NYPD has always had overwhelming success” in cases involving vehicles confiscated for crimes. The article claimed “just 52 of 3,488 vehicles were returned last year” to the person arrested. Aaron Wallenstein, an experienced and skilled New York DWI / Criminal lawyer, has in every DWI case to date in NYC retrieved the arrested motorist’s vehicle.

Driver’s License / Privileges Suspended Pending Prosecution

In most situations an accused will have their driver’s license or privileges suspended by a judge as soon as they make their first appearance in court at arraignments. Specifically, if a motorist blows over a .08 BAC on a calibrated Intoxilizer 5000 breath machine, or refuses to blow into that machine at the police precinct when properly asked, a judge will suspend your driver’s license or privilege right away, even though your case has just started and you have not been found guilty of a crime. An experienced and skilled New York Criminal / DWI lawyer knows that this does not necessarily have to be automatic if the DA’s office does not file in court the proper paperwork. An experienced and skilled New York DWI lawyer also knows to request a refusal hearing from the arraignment part to be held within 15 days at the DMW on a refusal case. This is a good means to get your drivers license or privilege restored while the case is still pending, or at the very least this is a good forum to hear the arresting police officer testify early in the case before a DA can “help” him piece together the circumstances surrounding the arrest and prosecution. An experienced and skilled New York DWI / Criminal lawyer will also help guide an accused get a pre-conditional driver’s license if he is suspended pending prosecution so they can drive for certain purposes, or a conditional license for after the case is finished if the motorist is suspended. Aaron Wallenstein is a premier New York Criminal / DWI lawyer who has had numerous DWI cases in New York dismissed. He handles DWI Cases in most New York Counties Such as Manhattan, Queens, Brooklyn, Bronx, Rockland, Westchester, Richmond, Nassau, and Suffolk.