DWI Car Insurance Oyster Bay New York NY

Reader’s Question:

If I hire a DWI lawyer to help me in my DWI case here in Oyster Bay, New York, what are the things that I would have to discuss with the lawyer? Can I also talk with the lawyer about the effects of DWI on my car insurance?

Fraser

Oyster Bay, NY

There are a lot of things to talk about with a DWI lawyer if you have been charged with DWI in Oyster Bay, New York. You can discuss with the lawyer several factors about your DWI arrest. Starting with the DWI stop, you can tell the lawyer the details if the arresting officer followed legal procedures. Tell him/her also about your detailed story prior to the arrest, if the officer had a probable cause, reflection on your behavior with the officer, a defense of your character and the validity of the field sobriety tests.

You can question if the officer had any reason or evidence to stop you for DWI and if the field tests were legitimate. You also have to consider your story before the DWI arrest including details like what you ate that day, what you drank and how much. You definitely can talk to a DWI lawyer about the effects of your DWI on your car insurance. If your insurance gets cancelled, the DWI lawyer can talk with a representative from your car insurance company and demand to have you reinstated at old rates. But even if you don’t get your old policy back, you can still get car insurance from another carrier like the one available from this website so get a quote now.

Tags: car insurance, car insurance quotes, DWI, DWI lawyer

DWI Auto Insurance Brookhaven New York NY

Reader’s Question:

What advice can you give me on how to deal with my auto insurance after my DWI conviction here in Brookhaven, New York?

Danny

Brookhaven, NY

You just have to pay your auto insurance premiums on time every month and renew your auto insurance policy as usual. But just a reminder, though, you have to be ready to see a big increase on your auto insurance premium rates because of your DWI conviction in Brookhaven, New York. You may consider yourself lucky if your auto insurance policy is not cancelled but still, it’s not luck if you’ll have increased auto insurance premium rates.

So if your auto insurance policy is cancelled, higher-risk-driver insurance companies specialize in covering so-called risky drivers like you because of your DWI conviction. But also be prepared to face auto insurance premium rates that are several times higher than your current rates. You may also want to get your record expunged as soon as possible after your DWI conviction. This could be years down the road but it would allow you to apply for regular insurance again and receive better rates than the higher-risk-driver companies offer. You could still find the lowest premium rates for your auto insurance by entering your zip code on the top portion of this page and get a free quote.

Tags: auto insurance, auto insurance quotes, DWI, DWI conviction

Drunk Driving Insurance Staten Island New York NY

Reader’s Question:

My friend borrowed my car and he got into an accident caused by drunk driving here in Staten Island, New York. Will I be held liable for the damage and can I file a claim with my car insurance company.

Harry

Staten Island, NY

It is really very risky to loan someone your car, even if you trust the person because we’ll never know when accidents would happen. Since your friend borrowed your car and got into an accident in Staten Island, New York caused by drunk driving, you can file a claim with your car insurance company. You would have to pay any deductible that applies but the bad news is that your rates may go up as a result of your claim, especially if you have made other recent claims.

Let’s say you didn’t know that your friend was drunk driving, but it was still your own car, so you’ll be held responsible somehow. But if he took your car without permission take it, in most cases, you will not be held liable for the damage. If he is uninsured and caused damage that exceeds your policy limits, the injured party could come after you for property-damage and medical expenses. So next time, you have to think twice about having someone else drive your car.

Tags: auto insurance claims, car insurance, car insurance company, drunk driving insurance, DWI

Cancelling Car Insurance After DWI Islip New York NY

Reader’s Question:

I plan to cancel my current car insurance policy because I am paying a lot of money now than I used to before my DWI charge here in Islip, New York. What do I have to do in case I fail to formally cancel my policy?

Valeria

Islip, NY

I do understand why you want to cancel your current car insurance policy after an increase on your premium rates because of your DWI charge in Islip, New York. It is very common to have a rate increase after a drunk driving charge or any alcohol-related traffic offense. But if you switch car insurance companies and you don’t formally cancel your previous policy, you are going to have to prove to your former car insurance company that you already have a new coverage. Normally all you have to do is to send a copy of either the front page of your new premium statement or your current insurance identification card.

You just have to make sure that the document you are sending them has your name and your current policy number on it, and sent it along with the cancellation form. Of course, if you have moved to a state in which car insurance is not required, you don’t have to prove you have a new coverage. But if you are still looking for another car insurance company which will give you a new coverage, you can get an online rate quote anytime from this website.

Tags: car insurance, drunk driving insurance, DWI

Aggravated DWI Queens New York NY

Reader’s Question:

A friend of mine told me that his DWI case here in Queens, New York is an aggravated DWI. What can be considered an aggravated DWI in the state of New York?

Mariz

Queens, NY

Your friend must have a high blood alcohol content (BAC) that’s why he was charged with aggravated DWI in Queens, New York. Back in 2006, the state of New York passed a new law establishing an Aggravated DWI offense and this applies when the BAC is found to be 0.18% or higher. This aggravated DWI offense carries stiffer penalties, higher fines and the driver’s license consequences are more severe.

The most significant impact of the new law perhaps concerns plea bargaining. It is very common for a lawyer to get a Driving While Ability Impaired (DWAI) violation deal for someone charged with a DWI. DWI charge is a misdemeanor which is a crime while DWAI is only a violation, and is not considered a crime in the state of New York. It would be nearly impossible to get a plea deal to the DWAI violation with the aggravated DWI charge. The only offer would be a reduction to a misdemeanor DWI, and thus a criminal record.

Tags: drunk driving laws, DWI, DWI lawyer, DWI trial

Felony DWI Buffalo New York NY

Reader’s Question:

What does it mean if a DWI case is a felony DWI? I heard my parents talking that my father’s DWI case here in Buffalo, New York is a felony case.

Camille

Buffalo, NY

Your father’s DWI case in Buffalo, New York might not be his first DWI charge. In general, felony DWI charges in the state of New York happen if the defendant has a previous DWI conviction within the past 10 years. This is the most common scenario that could lead to felony charges involving a DWI. Another example of felony DWI is if the DWI itself is a misdemeanor but the driver is charged with some other felony, like vehicular manslaughter if someone is killed.

Felony cases are definitely more serious than misdemeanors and include the possibility of state prison time. In the court system of the state of New York, these more serious criminal cases are mostly handled in the higher level courts. Misdemeanor cases stay in local courts and most of the substantive work in a felony is done in County Court. The prosecutors in felony cases tend to be more experienced and more thorough than local court prosecutors. Also, they have fewer cases so that they could devote more time to each case. Therefore, an accused less likely to win a DWI case through prosecutor error but police errors are still common in these cases and they are certainly winnable.

Tags: drunk driving laws, DWI, DWI lawyer

DWI Case Union New York NY

Reader’s Question:

My cousin was charged with DWI here in Union, New York and I don’t know why he is so worried. Could you tell me one good reason why he should take this matter seriously?

Jada

Union, NY

Your cousin has every reason to be worried about his DWI charge in Union, New York. To be honest, not only I could give you one reason, but I could give you several reasons why he has to take this matter seriously. First on the list is that his DWI charge will follow him for the rest of his life if he will be convicted. The Department of Motor Vehicles (DMV) would keep track of his record for at least 10 years. The DMV would have to make sure that his driver’s license is taken away from him for 18 months, if he will be convicted for DWI.

Another reason is that the additional auto insurance charges alone may cost him thousands of dollars. His insurance company should notify the DMV in advance if he doesn’t maintain his insurance. He will also have increased rates if he gets convicted for DWI. He can also lose his job or future job opportunities because most employers or potential employers do background check on their employees. Travelling outside of the country will also be affected because many countries do not accept those who have DWI convictions.

Tags: DMV, driver’s license, DWI, DWI conviction, DWI lawyer

DWI Pre-Trial Motions White Plains New York NY

Reader’s Question:

It’s nearing the trial phase for my brother’s DWI case here in White Plains, New York. He mentioned that they would still have to go through the pre-trial motions. Could you please explain what pre-trial motions mean and what would the defense usually have to do during that stage?

Reed

White Plains, NY

A motion simply means an application by the lawyer seeking some type of relief from the Judge. The motion would be presented to the Trial Judge either a written formal motion or orally in an open court. Through a motion, it would bring a limited, contested matter before a court for decision. This could be thought of as a request to the judge to make a decision about the case.

The defense of your brother’s DWI case in White Plains, New York could ask the judge for relief to compel the state of New York to supply discovery, to suppress or exclude statements based on the lack of a knowing and intelligent waiver of Miranda rights and suppress or exclude evidence based on some constitutional defect such as an unlawful DWI stop and detention of your brother. They could also ask to limit the testimony of the State witnesses or to preclude witnesses from using the term “fail” with regard to your brother’s performance on field sobriety tests. In pre-trial motions, the defense could also ask to dismiss the charges because of the State’s failure to afford your brother his constitutional right to a speedy trial and possible exculpatory evidence or the State’s inability to sustain the DWI charge.

Tags: DWI, DWI lawyer, DWI trial

DWI Miranda Warnings Tonawanda New York NY

Reader’s Question:

I wasn’t read my Miranda rights when I got arrested for DWI in Tonawanda, New York. How would this apply to my DWI case and is it true that my case will not be dismissed because of that?

Elijah

Tonawanda, NY

We should be thankful to TV shows like Adam-12, Law & Order, and Dragnet because almost everyone is already familiar with the Miranda warnings. The police officer would say that the accused has the right to remain silent and anything he/she says can and will be used against him/her. This is also usually being followed by, “You have the right to an attorney and if you cannot afford an attorney, one will be provided for you, free of charge prior to questioning; having these rights in mind, do you want to talk to us?”

You might be complaining that you were not read your Miranda warnings when you were arrested for DWI in Tonawanda, New York. Unfortunately, the police officer’s failure to give you your Miranda warnings would not result in a dismissed DWI case. Miranda warnings are designed to avoid overreaching by officers in situations that are inherently coercive, specifically where there is “custodial interrogation.” Custodial means that the person being investigated for DWI is not free to leave or otherwise terminate the encounter. The good news about their failure to give you the Miranda warnings is that this would result in the suppression of your statements obtained during the interrogation.

Tags: DWI, DWI arrest, DWI lawyer

DUI Traffic Stop Syracuse New York NY

Reader’s Question:

I have heard several cases about DUI here in Syracuse, New York that made me eager to know important information about it. Question is, how does a police officer begin a DUI investigation in a traffic stop?
Homer

Syracuse, NY

Normally, a DUI traffic stop and investigation begins when the police officer asks the driver to pull over for an alleged traffic violation. Examples of these traffic violations would be running a stop sign, weaving, speeding or some sort of vehicle defect. The police officer would claim that when he gets face to face with the driver, he immediately notices “objective symptoms of intoxication.” The so-called “objective symptoms of intoxication” include watery and bloodshot eyes, slurred speech, an odor of alcoholic beverage on the driver’s breath and a flushed face. The driver would often admit to having consumed some alcohol that day or evening.

The officer would then tell the driver to step out of the vehicle and perform a series of field sobriety tests (FST’s). Unknown to most drivers pulled over for DUI, the FST’s are voluntary. So in case, you find yourself in a DUI investigation in Syracuse, New York, you could politely decline to perform the FST’s. The officer could also have the driver blow into a handheld machine which would give a preliminary estimate of the driver’s blood alcohol level.

Tags: blood alcohol, DUI, DUI arrest, DUI lawyer, field sobriety tests

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