Practical ideas, and information about defending New York DWI, criminal charges, and traffic violations. Winning strategies from an Ithaca DWI lawyer's vantage point.
've been watching this new (well kinda for me) TV show about Artificial Intelligence i.e. robots that have sentience in the future. It's called HUMANS, which is funny for a show focused on these robots.
Imagine having an AI represent you in court? Would a robot be able to articulate a defense? Would a robot be able to sway (persuade) a judge or a jury?As we head into new technology I often wonder if we can be outsourced?
Man drives child to school while highly intoxicated.
When you read the headlines you see some people charged with DWI as a felony. The truth is that most first time DWI offenses are not felony level crimes. In fact the large majority of New York State DWI and DWAI drugs charges for first time offenders are charged as misdemeanors. But there is a special law for those people who are driving while intoxicated or impaired by drugs with kids under the age of 16 years old in the car as passengers.
Sometimes words can carry a dual meaning. A promotion is usually something good, as in "I just got promoted to manager." But sometimes promotions can be bad, as in "the DA is using my prior DUI to promote this DWI to a felony level DWI. Going up the ladder from lowest level in New York is violation to misdemeanor to felony. In New York State the legal term for felony promotion is "Enhancement" as in my misdemeanor DWI got enhanced to a felony class E level DWI.
What if your prior DUI or OUI or OWI is from another state? Can they enhance your current New York DWI to a felony DWI based on that prior DUI?
On a first time New York DWI with a blood or breath test that reveals .08 BAC or more the Court must suspend Your privileges to drive pending the prosecution of your case. You can apply for hardship license privileges with these first time offenses.
Things get abit trickier with a 2nd DWI. Remember a 2nd DWI in 10 years within the state of New York will be enhanced to the Felony Level. It is a class E, punishable by up to 1 1/3 to 4 years in prison, 5 years of probation, etc.
Can You get a Hardship with a Felony DWI Pending in New York State?
Fast answer, it depends.
There are Three Instances Where You Will Not Get any License Privileges :
1. If it is a 2nd DWI within 5 years then NO hardship and NO conditional license privileges.
2. If any of the Penal crimes under sections 120 and 125 are also charged. These are usually where there are damages to people.
3. If the Judge is not knowledgeable (just doesn't know the law).
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers
Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.
Felony Indictment = Your case (situation) is placed in front of a grand jury. All it requires for the grand jury to decide to bring the felony charge is PC (probable cause) to move forward and charge YOU. Probable cause means reasonable and trustworthy information that a particular person committed a particular offense. In NYS, with felony DWI cases this can be testimony from law enforcement, and a blood and/or breath test result.
Felony by SCI (superior court information) = Your case (situation) is discussed between the DA, the Judge, and your lawyer. A deal (plea bargain) is struck based upon your history, your current situation, and the evidence. Proceeding by SCI means an agreement is in place, much like a contract with assurances and some guarantees.
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers
Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.
