DWI / DUI & Traffic Law Blog
Aug. 14, 2022
Can You Plead to A Lesser Offense than DWI in New York?
No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in New York.
First NY DWI Offense
Jail – Up to 1 Year
Fine – From $500 to $1,000
License Suspension – 6 Month Minimum
Pay Mandatory Surcharge
Mandatory Alcohol Screening and/or Alcohol Evaluation
Other Possibilities can include: having to install an Ignition Interlock Device and a driver assessment penalty. If there is a passenger under 16 in the vehicle, the charge is escalated to a Class "E" Felony with a Fine Up to $5,000 and / or, Jail - Up to 4 Years!. Read more...
Why the Police Love Pre-Miranda Questions in DWI Cases?
People love to talk about Miranda. Miranda this and Miranda that. Too much TV has spawned a generation who believes that lack of Miranda is the KEY to a dismissal of their case. I didn't get my Miranda at roadside, they gave me my Miranda later, what Miranda, never heard it?
What is Miranda?
Comes from the 1966 Supreme Court case (48 years ago) of Miranda v. Arizona, in which the high Court held:
A person in Custody;
prior to Interrogation;
be clearly informed;
they have a right to remain silent;
anything they say will be used against them;
they have a right to an attorney;
and to have that attorney there during questioning;
if they can't afford one (an attorney) one will be appointed at no cost.
BUT each part of Miranda creates legal ISSUES:
One: When are you in Custody?
Two: What is Interrogation?
Three: What is clearly informed mean?
In DWI/DUI/DWAI drugs cases the police love Pre-Miranda QUESTIONS because the police can take advantage of the opportunity to ELIMINATE many DWI Defenses. Read more...
Why You Can Run, but You Can't Hide from Your New York Violations?
If you have a driver's license then you also have a driving history. In fact, you may have a driving history in more than one state because you have moved from one area of the country to another (i.e. having more than one license to drive) OR because you have gotten tickets (violations) in more than one state
A license History = a driving Record = a driving Abstract.
They all mean the exact same thing. Different states refer to them by different names. In New York State, it is called an ABSTRACT. If you go into your local DMV office you would fill out a form for an abstract request, current fee is $10.00. Some states allow you to go online, and get a non-certified copy of your record as well. Read more...