Reader’s Question:

Earlier this morning, my sister has been arrested for DUI here in Mount Vernon, New York and we are getting ready to get her out of jail through bail. But we want to know first, is recognizance can also be applied in a DUI case?

Jesse

Mount Vernon, NY

After your sister’s DUI arrest in Mount Vernon, New York, she can be able to get out of jail after posting a bail. This is some form of a pledge to a court or property deposited in order to persuade the court to release your sister in jail. Your sister must understand that that she would have to return for trial or forfeit the bail and she can be considered guilty of the DUI charge if she fails to appear in court. In most DUI cases, bail money would be returned at the end of the trial, if all court appearances are made, whether the DUI suspect is found guilty or not.

Your sister is also possible to be released from jail through the “own-recognizance” law if no bail is set. Recognizance is employed usually to describe an obligation of record wherein your sister acknowledges (recognizes) that she owes a personal debt to the state. Your sister should avoid illegal activities and maintain close contact with the court. She may face jail or fines if any part of the agreement is violated.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

Over a week and a half ago, I was charged with DUI here in Brooklyn, New York and I already decided to hire a lawyer. As a matter of fact, I have already talked to several of them. But why am I getting these letters from lawyers seeking to represent me. How did they attain the information that I have a DUI charge?

Becky

Brooklyn, NY

The US Supreme Court has a ruling that “commercial free speech” is protected under the First Amendment to the US Constitution. Your DUI arrest information is a public record and is available to any individual asking for it. Most law firms in Brooklyn, New York request the information and send a brochure to most people arrested for DUI. These brochures are approved by the New York Bar. The information on this brochure contains advice because some people would never find out how to file for a formal review and receive a business purpose license. Most people suspected for DUI receive a barrage of mass mailings and it becomes difficult for them to decide who they should hire to represent them.

The DUI lawyer that you will hire should impress you with his/her professionalism and knowledge and you should be comfortable discussing your case and concerns with the lawyer. If you are not comfortable when you meet with the DUI lawyer, it is not likely that the relationship will improve once you write the check to retain the lawyer. Many of DUI suspects are offended by this barrage of solicitations, especially since the majority of the letters focus on pleading guilty which is a resolution that should be rarely considered until all other viable options on the DUI case are explored.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I know that my car insurance will be greatly affected after my DUI arrest here in Staten Island, New York. Is there a chance that an insurance company never finds out about my charge and will a DUI lawyer help me in any way with my car insurance?

Garrison

Staten Island, NY

Yes, of course, a DUI lawyer would be able to help you with your car insurance after your DUI charge in Staten Island, New York. The most important step for you now is get help regarding the legal situation as well as professional advice pertaining to a car insurance situation. Most large insurance companies would turn down people who have been arrested for DUI. But there are still some car insurance companies who are willing to help higher risk clients. Some insurance companies, believe it or not, never find out about a DUI arrest or conviction and as many as a quarter of driving convictions never show up on motor vehicle records. This happens because a conviction has been erased or because of lack of shared information between courts and motor vehicle departments. An insurance company has three years to cancel your policy or raise your rates if they miss the conviction.

After your DUI arrest, a DUI lawyer can help you on your car insurance. A DUI lawyer can give you direction and offer advice that will aid you in your time of need. Remember that a DUI charge can be so frustrating. So act now and start your search for great car insurance in New York. You can actually start to get online rate quote from this site.

Tags: car insurance, drunk driving insurance, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

Hi. I just got my driver’s license recently. I had a couple of drinks since I came from a friend’s party and was stopped for DWI in Amherst, New York. I really can’t believe this would cost me my license. How is this possible if this is only my first time?

Jennifer

Amherst, NY

For your reference, DWI, or “driving while intoxicated,” refers to a BAC of 0.08 to 0.17. New York has a “common law” regarding DWI offense which is not defined by the BAC. This is basically important in cases where the defendant refused to take the breathalyzer test or if there’s a problem with the machine. The basis will be the arresting officer’s testimony about the defendant’s behavior (staggering, slurred speech, etc.). The DWI fine ranges from $500 to $1000, with total costs potentially approaching $2000. The driver’s license is revoked for six months, but the defendant can take the DDP to get a conditional license. Then the driver has to reapply for a license.

In the state of New York, first-time DWI offenders are faced with potential fines and surcharges exceeding $3000, license suspension or revocation, and different other consequences. Though jail time is rare on a first offense, it can still happen. Recently, the maximum fine for a first-time DWI offender was $1000 and an “Aggravated DWI” offense was added when the blood-alcohol content (BAC) is over 0.18.

There are different consequences to fighting a DWI case in New York. First, the driver is usually suspended while the case is proceeding (if the BAC is 0.08 or above) and offenders can’t operate a motor vehicle until they get a conditional license normally 30 days after the start of suspension - and the 30 days don’t count against any later suspension. Second, the fee for an attorney for the process is much higher than for making a deal.

Tags: drunk driving laws, DWI advice, DWI arrest, DWI lawyer

Reader’s Question:

I was arrested for the first time because of a DUI offense in Buffalo, New York. Many had advised me to go and contact a lawyer to represent me in court. Will the court hold it against me if I hire a lawyer and contest my DUI charge and does that mean that my case will go to trial automatically if I hire a lawyer?

Parker

Buffalo, NY

Absolutely not, the court will not hold it against you if you hire a lawyer and contest you DUI charge in Buffalo, New York. It is actually your constitutional right to challenge any criminal allegations and related evidence that will be used against you. As a matter of fact, most judges are more comfortable presiding over cases, including DUI case, involving defendants who are represented by counsel, as lawyers are much more familiar and accustomed to the formalities and procedures of the court than self-representing defendants, whose lack of legal experience is often perceived as disruptive.

Also, if you hire a lawyer, it does not automatically mean that your DUI case will go to trial. In fact, the lawyer you will be hiring is just as important as to how they go about resolving your DUI case. A reputable lawyer who is well known for his DUI Jury Trial victories by the District Attorney’s office and his peers, much less apt to be challenged in the courtroom due to the likeliness of the Prosecutor’s defeat. The State actually seeks to try only cases that they are likely to win; an experienced trial lawyer acting on your behalf will likely thwart an effort to prosecute you to the fullest extent of the law.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I haven’t actually been arrested for drunk driving here in Bronx, New York. But I know a lot of people who have already been charged with DUI. I’m just curious, can a person be convicted of a DUI without consuming alcohol? If ever I get arrested for DUI, should I take the field sobriety test?

Alma

Bronx, NY

In New York, anyone can be convicted of a DUI without consuming alcohol. That’s because a person can be convicted of DUI by being under the influence of a controlled substance (for example, marijuana or prescription medications), even legal prescription medications prescribed by a doctor, or any other substance that renders a person incapable of driving safely, which can include glues, paints, or even over-the-counter medications.

Should you be caught with drunk driving in Bronx, New York, you can refuse to take the field sobriety test (FST) for there is no reason to give a jury more evidence to convict. The police officer has normally already decided to arrest you anyway. FST just gives them more ammunition at trial, and the tests are completely subjective. However, if you do take the FST and fail, there are several means to attack that evidence at trial. One defense that you can use is if the procedures on FST’s are not properly followed by the police officer.

Tags: DUI, DUI advice

Reader’s Question:

My cousin was arrested for DUI in Queens, New York. He didn’t drink alcohol nor took any intoxicated substance before driving but the breath test detected that he had alcohol in his system. The police officer also saw on him symptoms of intoxication. How did this happen and in what ways can he beat the DUI charge?

Ethel

Queens, NY

If your cousin did not take any intoxicated substance before driving when he got arrested for DUI in Queens, New York, there are often innocent explanations for the symptoms of intoxication. Police officers often claim to have observed certain “objective symptoms of intoxication” in the DUI suspect. The list includes bloodshot and watery eyes, slurred speech, a flushed face and an unsteady gait. In any event, non-alcohol causes can often explain these observations. Fatigue, allergies and eye strain, for example, cause bloodshot eyes. Embarrassment, anger and nervousness over the DUI traffic stop cause flushing. Fluster and intimidation cause slurred speech.

DUI Breath alcohol testing machines also detect non-alcohol compounds, which they often mistake for alcohol. Among the compounds most commonly mistaken for alcohol are acetonitrile, diethyl ether, ethylene, isopropanol, nitrous oxide and toluene. The presence of any of these compounds in the person suspected for DUI would likely cause a false, or falsely high, blood alcohol reading.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I know that it would take some time before I can obtain cheap car insurance after my DWI conviction here in Oyster Bay, New York. Could you give me some tips that can help me return my insurance rates to a lower price after my DWI?

Larry

Oyster Bay, NY

Since you have been convicted for DWI in Oyster Bay, New York, the biggest tip to lower you insurance rates is to make sure that you satisfy any requirements that are set upon you by the court system and this could be a wide range of things. You may need to enrol in Alcoholics Anonymous or enrol and complete a defensive driving program. You may be ordered by the judge to complete a drug or alcohol rehabilitation course if the charges are serious enough. This is very much crucial as it shows your willingness to admit a mistake and learn from it.

The most important thing you can do when talking to agents or brokers when you are looking for car insurance after your DWI is to be completely honest. This is because part of the process taken by car insurance companies is to run a background check and review your driving history as an assessment for risk. They will find out about your driving history if you are not honest with the car insurance company. Being honest with them can save you from embarrassment and it shows your willingness to be open about your past driving issues. While some insurance companies will not insure drivers with a DWI on their record, another good option is to let your current insurance carrier know about your DWI.

Tags: drunk driving insurance, DWI lawyer, insurance

Reader’s Question:

My brother was charged with DWI here in New York and it seems that he is working with such a good DWI lawyer. I overheard one time that they will use as a defense that the police officer didn’t have probable cause to stop him during the arrest. What does it mean that the police officer didn’t have probable cause to arrest him?

Chloe

Greenburgh, NY

The Fourth Amendment to the US Constitution guards the people against unreasonable searches and seizures. This amendment specifies judicially sanctioned search should be supported by probable cause. In a New York DWI arrest, despite having what appears like “ironclad” evidence, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.

The probable cause standard means that in order to pull a motorist over, the police officer must have a reasonable belief that the driver is driving while intoxicated. A good DWI defense lawyer will question the presence of probable cause in court. In order for an officer to make a DWI stop, the driver must be swerving erratically while driving, stopping abruptly for no reason, drifting between lanes, making excessively wide turns or driving at extremely high or low speeds.

If the police officer cannot present solid justification that he had a good reason to pull someone over, the violation of the Constitutional rights immediately voids any evidence against the person resulting from the arrest, and the case is likely to be dismissed.

Tags: DUI, DWI lawyer

Reader’s Question:

I have not been caught drunk driving but I know a lot of people who have been arrested and charged with DWI here in New York. If ever I will be in the same situation, what are the things that I should do?

Ben

Brookhaven, NY

For someone who drinks and drive, you have to be aware that chances of being pulled over by the police are very high. Police officers are cracking down on drinking and driving and would use any lawful justification to pull you over in order to probe further if you are driving while impaired.

If you will be caught drunk driving in New York, as with most people, your first tendency is to cooperate as much as possible with the police officer; and that is very good. Be polite and cooperate with the officer, such as by tendering your driver’s license and registration as well as your proof of insurance. However, the second tendency for those pulled over is to convince the officer that officer they are not impaired over the legal limit or convince the officer that they should not be arrested. Keep in mind that this is absolutely the worst thing you can do because of the evidence you will end up giving the police officer. Whatever the police officer asks you, don’t answer any of those questions. Let the police officer know that you are happy to cooperate with him, but you wish to maintain your right to remain silent and not self-incriminate yourself as governed by the Fifth Amendment.

Tags: DWI lawyer