New York DWI SR22 Auto Insurance

Reader’s Question:

I have a DWI conviction here in New York. I was asked to file SR22 auto insurance so that I can get my license reinstated. What is an SR22 and why do I have to get it? How do I file for SR22?

Brent

Amherst, NY

An SR22 Filing is a form issued by your insurance company which will remove a suspension order placed by the Department of Motor Vehicles (DMV) on your driving privilege. The SR22 filing provides a guarantee to the New York DMV that an insurance company has issued at least minimum liability coverage for you and that your insurance company will notify the DMV should the insurance ever lapse for any reason.

The reason why you have to get or file for SR22 is because of your DWI conviction. People whose driver’s license is under suspension by the New York DMV need an SR22 to reinstate their license. You can call the DMV to ask them what other DMV fees are needed to reinstate your license. Usually, there’s a $55 reinstatement fee.

If your insurance company can issue the SR22 filing, this should not be a problem on your part in getting your license back. But if they don’t issue SR22 filing, you have to be in search of a new insurance company who would give you coverage and issue an SR22.

Tags: DWI lawyer, SR22 insurance

Manhattan New York DUI lawyer

Reader’s Question:

It was very unfortunate for my sister to have been charged with DUI here in Manhattan, New York. She’s hesitant on hiring a DUI lawyer because they say that it is costly to hire one. Is it true that hiring a DUI lawyer can be expensive?

Kris

Manhattan, NY

Services of an expert and efficient DUI lawyer in Manhattan, New York may come at a price. It is often seen that many high profile DUI lawyers charge exorbitant fees for defending their clients on their DUI charges. Their years of experience and confidence of winning the case lead them to charge such high rates.

Most DUI lawyers agree to work on a contingency basis. If the contract is based on contingency, fee charges may be set at a prearranged percentage of whatever the compensation or claim amount might be. The defendant does not need to pay the attorney’s fees if claim is not refunded. Paying on contingency can enable people charged with DUI to hire the services of an expensive attorney even though they may not have enough financial resources available to pay for it.

A DUI lawyer could give your sister a good defense in fighting her charge. DUI lawyers are familiar with procedures for blood analysis, urine analysis and breath tests. The lawyer could be able to guide your sister through such procedures with minimum discomfort. By having the services of an experienced DUI lawyer, even though it may be expensive, it can be all worth it in the end because it will give your sister a higher chance of getting the DUI charges reduced or better yet, having it dropped.

First Time DWI Arrest New York NY

Reader’s Question:

I live in New York and I was arrested for the first time ever last weekend for DWI in New York. What do I have to do after a DWI arrest?

Larry

Albany, New York

 

Thanks Larry for your question. Many people think that a DWI arrest or drunk driving arrest in New York is just similar to a simple traffic citation. You’ll have to think again. A conviction for a drunk driving offense or a DWI arrest in New York will actually result in a significant criminal record, and can potentially result in hefty fines and possible jail time or term of probation.First, if a policeman suspects that you may be drunk, it is safer to remain silent to avoid any questions that may be asked. Some people feel guilty and start confessing, but if in fact you’re really drinking, it will be best not to admit it. This admission may be used as probable cause and lead to a DWI arrest. Usually, this maybe enough to charge you with a DWI offense even though you’re below the limit. Please keep in mind that you have legal rights stated in the Miranda rights, to remain silent and to be represented by a counsel.Not only you’ll be charged with a criminal offense, you will also have to face administrative penalties with New York DMW and fight for your license or maintain a restricted license so that you can still drive to work.

Most especially, you have to consult a skilled DWI defense attorney after a DWI arrest. The best way to know your rights, and to make sure they are protected, is to speak with an experienced lawyer who practices drunk driving defense law.

First Time DWI New York NY

Reader’s Question:

I know a friend who is a first time offender of DWI in Ney York, is there a big chance to fight a DWI case?

Denise

Albany, NY

That’s actually a frequent question I get Denise. I generally suggest that you fight a DWI case in New York, especially when there are certain apparent problems in the paperwork or chemical tests. When I say fight, it means that at least you go through the preliminary stages of fighting the case including a motion and a suppression hearing. Once that stage is over, you will have a much better idea at the chances of your trial, and your lawyer can almost always negotiate a good arrangement at that early stage.

However, there are certain consequences you have to face in fighting a DWI case. First of all, in the state of New York, the driver is usually suspended while there’s a pending case (if the BAC level is at 0.08 or above). Also, many drivers can’t drive until they get a conditional license until 30 days after their suspension starts, the 30 days don’t count against any later suspension. Second, the attorney fee for that process is substantially higher than making a deal.

Finally, many defendants feel guilty about their conduct (even when they’re actually innocent) and the fight can be somewhat traumatic especially since it’s a first time offense. However, the long-term consequence of having a DWI offense on your record is significant. In a sense this record never really goes away as it can affect your career, status in the military, and is particularly significant if you get charged with another DUI offense in the future.

Aggravated New York DWI

Reader’s Question:

My father was charged with aggravated DWI here in New York. What can be considered as an aggravated DWI and what are the penalties? Will he be able to have a plea bargain with this kind of offense?

Ryan

Babylon, NY

There are actually three levels of intoxication that an individual can be charged with DWI in New York State. Driving while ability impaired or DWAI is generally thought to be for a blood alcohol content (BAC) between 0.05 and 0.07 percent. This is not completely accurate because those BAC levels do not necessarily make a person guilty of DWAI.

Driving while intoxicated or DWI generally refers to a BAC of 0.08 to 0.17 percent. The state of New York also has a common law DWI offense that is not defined by the BAC. This is important in cases where the defendant refused to blow into the breathalyzer or where there was a problem with the machine.

In New York, an individual can be charged with an aggravated DWI offense if the BAC is over 0.18 percent. The range of fees is also different and higher than that of a normal DWI offense. I could be from $1000 to $2500. With assessments and other charges, it could go over $3000. The license revocation could last for one year.

An aggravated DWI charge affects plea bargaining. Lawyers could negotiate simple DWI charges down to a reduced charge of DWAI in most cases. Generally, this is still true for cases where the BAC is below 0.18 percent. But since your father was charged with aggravated DWI, it is now almost impossible to negotiate the charge down to anything less than DWI.

New York DWI lawyer

Reader’s Question:

I have just been recently charged with DWI here in New York. I am contemplating on whether or not I will seek help from a DWI lawyer or not. There are a lot of questions that need to be answered before I even hire one. Do I really need a DWI lawyer and do I have to come to court for trial?

Warren

Buffalo, NY

If you are planning to plead guilty to the DWI charge or if you want to try to negotiate for yourself, you do not need a New York DWI lawyer. But keep in mind though that in many courts a good DWI lawyer will get you a better deal than you will get for yourself. Also, an experienced DWI lawyer knows the ins and outs of these issues better than non-lawyers and better than most regular lawyers. He/she may be able to spot weaknesses in the prosecution case against you.

Usually, some out-of-state or out-of-area clients may not have to come to Court if a DWI lawyer appears for you. New York DWI defendants have to come to Court other than that. The judge will want to make sure you understand what you have to do and you will have to surrender your license. Many firms have represented clients from other states and distant parts of New York State without their clients appearing. So far, no one has refused to allow it even though many judges are uncomfortable with it. This may not work all the time so generally, you will have to appear in Court.

New York qualified DUI lawyer

Reader’s Question:

My sister-in-law has been charged with DUI here in New York. I know that there is really a need for her to hire a DUI lawyer. Could you tell me why is it important to get a DUI lawyer rather than a regular lawyer?

Tony

Islip, NY

 

Often times, the importance of retaining a good DUI defense lawyer if arrested for DUI overlooked. The magnitude of having a good DUI lawyer on your sister-in-law’s side equals that of having the best doctor trying to save her life. Of course, a DUI conviction is not a matter of life or death in the literal sense, but a DUI conviction or guilty plea will affect her life.

Depending on whether she is guilty of a misdemeanor offense or a felony DUI offense, she will pay a fine, potentially lose her license to drive, possibly serve some sort of community service, and maybe serve some time in prison. Not to mention the fact that in New York, the punishment escalates if a driver is convicted of a DUI-related offense for the second time within a certain time frame.

Employment is another area that might be affected. If she has a DUI-related felony offense on her record, she will have to disclose that when asked on an employment application or during an interview. Not only that it is embarrassing, but it can be a major roadblock to getting a job, especially those jobs that require transportation or delivery.

These are just some of the reasons why your sister-in-law has to hire a DUI lawyer not just a regular lawyer. For the obvious fact that she could either actually be innocent of the DUI charges, or even if she was in-fact guilty, a good DUI attorney could have the DUI charges against her dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken.

Clearing a New York DUI record

Reader’s Question:

My niece has been charged with DUI here in New York. This is his first offense and by the looks of it, she might be convicted. I want to give her all the help that I could. If she will be convicted with DUI, can she still be able to wipe her DUI off her record?

Jessica

Manhattan, NY

If she will be convicted of DUI, she may have some options available to clear her record. Her first option is to seek a new trial from the court. If there was an error in the admission of evidence at her trial or some other procedural problems, her New York DUI lawyer can ask the court for a new trial. If the judge grants her request for a new trial, she will be allowed to present her entire DUI case again, this time before a new jury. If she’s found not guilty after her second trial, then her record will be cleared and the legal effect would be as if she was never convicted.

If the judge refuses to grant her a new trial, or she loses at her second trial, she may be eligible to appeal her DUI conviction. If there is an error of law at her trial, or the jury completely disregarded the facts, she may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-she will not be required to participate or appear in the appeal. If her appeal is successful, her conviction will be reversed, and her record will be cleared.

New York DUI blood alcohol test

Reader’s Question:

I’m very much curious about this ignition interlock device because my boyfriend has one in his car. What does it do and are all DUI offenders in New York required to have this kind of device installed in their cars?

Joanne

Brooklyn, NY

An ignition interlock device is a mechanism that measures blood alcohol concentration (BAC). This device requires a person to blow into a breathalyzer and pass the breath test so that the vehicle will start. The ignition interlock device will not allow the car from turning over and starting if alcohol is detected on the breath.

In the state of New York, not all convicted of DUI are required to have an ignition interlock device in their vehicles, but a bill has been passed that expands the ignition interlock program of the state. This would actually give judges more power to impose ignition interlocks on drivers convicted of DUI. More specifically, this DUI law in New York will make drivers convicted of aggravated DUI much more subject to being required to install an ignition interlock device in their vehicles. Judges would have the discretion to order ignition interlocks on other DUI offenders.

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