A Background of New York Criminal Law and the New York Criminal Courts from a New York Criminal Lawyer
Whether it's New York City, Long Island (Nassau County or Suffolk County) or Westchester County, all of the Criminal Courts follow the New York Criminal Procedure Law and New York Penal Law. Whether you are facing DWI criminal charges in New York State Court or are facing criminal charges for securities fraud in a U.S. Federal Court sitting in New York, each New York Criminal Lawyer and New York Federal Criminal Court Lawyer in our office has extensive experience with Criminal Law and the New York City and the Long Island Criminal Courts. With that in mind, our Criminal Lawyers pooled their resources and put together this directory to give you some valuable information to use, if you are or a loved one are a criminal defendant involved in the New York Criminal Court System.
As New York Criminal Attorneys, each criminal lawyer in our office wants you to understand that there are two important aspects of the US and NY Criminal Justice System to remember. First, the presumption that a criminal defendant charged with a crime is innocent and second that the burden is on the Office of the New York District Attorney or US Attorney to prove the criminal defendant is guilty of the criminal charge; beyond a reasonable doubt. Below you will have a New York Criminal Defense Lawyer take you step by step through the New York criminal procedure of a New York criminal case. Additionally, we have included valuable information with regard to The New York Criminal Courts including phone numbers so you can contact The Court in your time of need. A New York Criminal Lawyer from our office is also available 24/7 if someone is arrested and in police custody to help you as well.
Bronx dwi lawyers NY attorney
Step 1 - The Arrest
A New York or Federal law enforcement officer can arrest a person if that officer believes there is a probable cause that the suspect has committed a Criminal Act. All New York Criminal cases start with an arrest, whether it's for a Sex Crime, a Drug Possession or Drug Crime, a DWI, Domestic Violence, a White Collar Crime, an Assault, a Robbery, a Burglary, a Gun Crime or Murder.
An Arrest Can Take Place In One Of Two Ways
Firstly, the police go out and physically arrest you and bring you back to the precinct. (New York Law Enforcement officials working with other states do have the right to go outside New York State to have a criminal suspect arrested and brought back to New York.)
Secondly, the criminal suspect surrenders voluntarily; usually the police will call the suspect and ask him or her to come down to the precinct. Be sure to bring your New York Criminal Lawyer with you even if the police say they just want to question you. Often it is a guise and you will be arrested. Therefore, bringing your Criminal Lawyer with you will ensure that you make no statements to the police about the incident, which can compromise you or your case.
Bronx dwi lawyers NY attorney
Step 2 Transfer To Central Booking
Unless you receive a DAT (Desk Appearance Ticket), the police will bring the criminal defendant to Central Booking where fingerprints and photographs are recorded. The police will "run" this information to determine whether the defendant has a prior criminal history. A Criminal Lawyer is not allowed to accompany criminal defendants through the Central Booking process. Simultaneously, the defendant will be processed in Central Booking and the paper work from the police, listing the crime or crimes, will ultimately result in the arrest charges. This paperwork will be sent to the Office of the District Attorney. The New York Assistant District Attorney will evaluate the case and make a determination with regard to the crime and whether the Criminal Charge should be raised or reduced and whether or not additional criminal charges should be brought or the criminal charges should be dismissed. After the District Attorney has completed his/her paper work and the criminal defendant has been processed, the defendant will be "Court Ready" and will be taken to Criminal Court for the Arraignment.
Step 3 - New York Criminal Court Arraignment
The Criminal Defendant has a Constitutional right to have a New York Criminal Lawyer to defend him/her at an Arraignment. The purpose of the Arraignment in New York State Court is to let the defendant know what Crime or Crimes the District Attorney is bringing against the criminal defendant and their right to enter a plea of not guilty (you are innocent until proven guilty). The Arraignment also protects your right to a trial by jury (if necessary) and allows the parties to discuss your bail status.
After hearing oral argument from your New York Criminal Lawyer and office of the District Attorney the New York Criminal Court Has Three Options:
Require bail or bond, which must be paid in order for the criminal defendant to be released.
Set no bail and allow the criminal defendant to ROR'D which means Release On Your Own Recognizance.
Remand the criminal defendant in which case no bail is set and the Court can hold the defendant in custody; generally until bail is posted or until the conclusion of the case.
At the conclusion of the Arraignment, the defendant is given a new court date.
Beware that New York State Arraignments are held in different locations and the location depends on the County in which the Crime was perpetrated.
For more details about each County in New York and their practices during and after an arraignment, check the following pages on our website:
New York Arraignment Lawyers
Nassau County Criminal Lawyer, Queens Criminal Lawyer, NYC Criminal Lawyer, NY Criminal Lawyer, Bronx Criminal Lawyer, Brooklyn Criminal Lawyer, Westchester Criminal Lawyer and Long Island Criminal Lawyer which includes both Nassau County and Suffolk County.
Bronx dwi lawyers NY attorney
Step 4 - New York Grand Jury Actions
When the criminal defendant returns to court for a Felony case, assuming a Plea Bargain has not been reached, between your New York Criminal defense lawyer and the District Attorney the case goes to the Grand Jury. In New York the Grand Jury consists of 16-23 people who determine whether a crime has been committed and if the criminal defendant was responsible for the commission of the crime. It is important to note that this is not a vote of innocence or guilt with regard to the crime. Moreover, this process determines whether or not there is enough evidence for the case to proceed. In the Grand Jury, the District Attorney is allowed to present his case and witnesses with no cross-examination for the Criminal Defense Lawyers. Further, while the criminal defendant is allowed to testify, his
A New York Criminal Lawyer is not allowed to make an opening or closing statement nor call witnesses or cross examine the witnesses of the District Attorney. Additionally, there is no Judge directly involved. This loose procedure makes it relatively easy to indict a criminal defendant. In fact, a former New York Court of Appeals Chief Justice stated that a New York District Attorney could indict a ham sandwich if he wanted to.
Step 5 - Arraignment On The Indictment
If the Grand Jury votes and indicts the case, then the New York Criminal Court is required to arraign the defendant on the Indictment. This Arraignment is very similar to the original Arraignment the defendant went through in Criminal Court where both the District Attorney and the New York Criminal Lawyer are present and the Judge has the right to raise or lower bail, set bail for the first time or remand the criminal defendant.
Bronx dwi lawyers NY attorney
Step 6 - Motion Schedule
In New York, whether the case is a Felony or Misdemeanor, the Judge sets a Motion Schedule. The purpose of a Motion is to ask the Criminal Court to do something with the ultimate goal of narrowing the Issues of Law before a case goes to trial. For example, in a DWI case someone is pulled over and arrested. If someone wasn't given his or her Miranda Warnings (you have the right to remain silent...) and the criminal defendant made a statement, your criminal lawyer can ask the Court in a Motion to grant a hearing to suppress the statement called a Huntley Hearing. If the Court grants your request to have the hearing, the hearing is held and the Judge determines whether or not your statement will be admitted as evidence in the Criminal Court Case.
Of course, the District Attorney can contest your request for a hearing in a Motion of his own. Many times in Criminal Cases your Criminal Lawyer and the District Attorney try to resolve your Criminal Case without a trial. This is called a Plea Bargain. Very often this induces the District Attorney to reduce the Criminal Charge against the criminal defendant. Normally, if a fair deal is reached between the District Attorney and the Criminal defense lawyer, what follows will be a discussion between the Criminal Defense Lawyer and the criminal defendant. After the Criminal Defendant discusses the offer with his/her Criminal Defense Lawyer, it's probably a good idea to accept the Plea Bargain and avoid the unnecessary risk of a trial. In exchange, the District Attorney gets a conviction after the defendant pleads guilty to the reduced charges. Usually, there is a discussion between the Judge, the Criminal Lawyer and the District Attorney with regard to the Plea Bargain to insure that the sentence is acceptable to all parties, as the Judge must approve of all Plea Deals.
Bronx dwi lawyers NY attorney
Step 7 - Trials Of The Issues
If no Plea Bargain has been agreed to, the next step is a trial. There are two types of criminal trials in New York State. The first is a Bench Trial where the Judge decides the case. The second type of criminal trial in New York is called a trial by Jury. This is where the Jury decides the outcome of the criminal case.
A criminal trial in New York State is the opportunity for the District Attorney and the Criminal Lawyer to put forward their cases and allow the Judge or the Jury to reach a verdict.
Remember the burden of proof is on the District Attorney. The District Attorney has to prove the defendant committed the crime and is guilty of the criminal charge(s) beyond a reasonable doubt. If the District Attorney fails to prove the defendant's guilt to this standard, then District Attorney should not get a conviction from the Jury. Thus, the defendant is acquitted (found not guilty) and the case is over and the criminal defense lawyer and his/her client have won. In theory, if the District Attorney does not make out a prima facia case for the crime they are alleging, the criminal defendant's New York Criminal Lawyer does not have to say a word and the criminal defendant should be acquitted of the crime or crimes.
Step 8 - Sentencing
In New York, if the defendant is found guilty after trial or pleads guilty after a plea bargain, the Judge makes the determination of the sentence. On sentencing day, the criminal defendant is brought before the Judge with their Criminal Lawyer and District Attorney present. The Criminal Lawyer, the District Attorney and the criminal defendant are all given the opportunity to speak before the Judge imposes his/her sentence. The Judge's sentence may include incarceration, fines, probation, community service, treatment programs, conditional discharge or any combination thereof.
Bronx dwi lawyers NY attorney
Step 9 Appeals
At the conclusion of sentencing, the criminal defendant and his/her Criminal Lawyer will decide whether or not the criminal case should be appealed. There are a variety of issues that can be appealed; mistake in law, admissibility of evidence and the length of sentence are just a few. Generally, New York Criminal Lawyers appeal Criminal Cases as a result of a mistake. Just remember your Notice Of Appeal must be filed within 30 days of sentencing. Moreover, be aware that any appeal you file in New York State can be opposed by the District Attorney.
If you are currently under a Criminal Investigation in New York or have been charged with a crime or crimes, our New York Criminal Lawyers can help protect you and your rights in both New York State Court and in the Federal Court sitting in New York. Our Criminal Lawyers may be aggressive in Court but will be patient with you and listen to you and your needs. Each New York Criminal Lawyer in our office understands that you are scared, confused and are in need of a Criminal Lawyer to help you and that is why we offer a free consultation. At the free consultation you can meet with a New York Criminal Lawyer or a New York Federal Criminal Lawyer in our office to discuss possible strategies and defenses to your New York criminal case. A Criminal Lawyer from our office can meet you at one of our convenient locations in New York City, including Manhattan, Brooklyn, Queens, Bronx or on Long Island including both Nassau County and Suffolk County.
Please find below a list of the Criminal Courts in New York City and Long Island. We have included phone numbers for the Criminal Court, the Police Department and Central Booking for the jurisdiction in the corresponding County.
New York County (Manhattan) NYC
NY Criminal Court (212) 374-5880
NY Central Booking (212) 374-5818
Office of the New York District Attorney
Kings County (Brooklyn) NYC
Criminal Court (718) 643-5675
Central Booking (718) 935-9210
Office of the Brooklyn District Attorney
Bronx County, NY
Bronx County Central Booking (718) 590-2817
Bronx County Criminal Court (718) 590-2886
Office of the Bronx District Attorney
Queens County, NY
Queens Central Booking (718) 268-4523
Queens County Criminal Court (718) 520-1985
Office of the Queens District Attorney
Richmond County (Staten Island) NYC
Staten Island Criminal Court (718) 390-8400
Staten Island Central Booking (718) 876-8493
Office of the Staten Island District Attorney
Long Island Criminal Court information
Nassau County Police Headquarters (516) 573-7100
Nassau County District Court Arraignments (516) 572-2199
Office of the Nassau County District Attorney (516) 571 3800
Suffolk County
Suffolk County Criminal Court (631) 853-7500
Suffolk County Police Headquarters (631) 852-6000
Office of the Suffolk County District Attorney (631) 853 4161
Bronx dwi lawyers NY attorney
Our New York Criminal Attorneys offer skilled and aggressive representation to a wide variety of individuals or businesses. We represent those who are either under Criminal Investigation or who are facing a Criminal Charge in NY or Federal Court sitting in New York.
Our Criminal Lawyers handle cases in NYC including New York (Manhattan), Queens, Brooklyn (Kings County) Staten Island (Richmond County), The Bronx, Long Island, including Nassau County and Suffolk County and Westchester.
DWI is the only crime where you can be convicted based upon the opinion of a police officer. As such it is an opinion crime. Name one other crime where you can be convicted without committing any harm to any person or property? In that sense, DWI is also a political crime. Frequently, the prosecution’s case is centered around the opinion of a police officer. In the typical DWI case, the arresting officer may allege that the motorist exhibited signs of intoxication: the odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech, and an unsteady gait. However, these are subjective observations. It should be remembered every motorist is presumed innocent, and the prosecution has the burden to prove their case beyond any reasonable doubt.
No one would deny that driving under the influence of alcohol is a very serious crime. Clearly, DWI in New York State is very politically unpopular. As a result, legislators are tripping over each other to give prosecutors more and more tools to pursue a conviction in DWI cases. Some might argue that the system is rigged to facilitate a conviction. Advocacy groups such as MADD (Mothers Against Drunk Driving) lobby for tougher and tougher DWI laws and encourage law enforcement to make more and more arrests. The problem occurs when innocent citizens get caught up in this police dragnet. More innocent people are convicted of DWI than any other crime. No one is saying that DWI is not a serious crime. We all want our roads to be safe. However, the question that New York City DWI attorney Ronald Meltzer asks in each and every case is “what’s the truth about the evidence?”
Bronx dwi lawyers NY attorney
DWI is prosecuted vigorously in all the five boroughs of New York City as well as the surrounding counties of Nassau, Suffolk, and Westchester. If you are arrested for DWI, it is critical that you have a lawyer who understands all evidence in DWI cases including breath testing, blood testing, Intoxicated Driver Testing Unit reports, and the pseudo science of standardized field sobriety testing. This is in addition to all the nuances and complexities specific to DWI trial advocacy. Ronald Meltzer has a nationwide reputation as an ethical, knowledgeable, and dedicated DWI defender. Ronald Meltzer is the DWI attorney who can level the playing field and achieve the best possible outcome for each and every client. No attorney in New York City is more knowledgeable about the crime of DWI than Ronald Meltzer, and his commitment and passion for excellence in this field is unsurpassed.
Not all DWI cases are headed for trial. In many cases, a plea bargain can be negotiated with the prosecutor. Ronald Meltzer has the poise, tact, experience, and professionalism that is required to be an effective plea negotiator. Sometimes a quick plea agreement is in the best interests of the client. Other times, it takes perseverance and effort on the part of the attorney to obtain a satisfactory plea agreement. However, if a plea agreement is not possible, it is critical to have an attorney who understands how to try a DWI case. Ronald Meltzer has a passion for justice and fair play that he brings to every case.
Bronx dwi lawyers NY attorney
DWI PENALTY STATUTES
Driving While Impaired by Alcohol, VTL Section 1192.1:
Considered a non-criminal "traffic infraction" which does not leave the driver with a criminal record, this is the least serious DWI offence. The penalties can range from a minimum fine of $300.00 and a maximum fine of $500.00 to up to 15 days in jail or both. However, if the driver has already been convicted of one prior DWI offense in New York, the penalty is increased to a minimum fine of $500.00 and a maximum fine of $750.00 or 30 days in jail or both. If the driver has been convicted of two or more DWI offenses in New York, then the classification of this DWI offense is changed to a misdemeanor (which does give the driver a criminal record) with a minimum fine of $750.00 and maximum of $1,500.00, plus up to 180 days in jail or both. A mandatory 90-day suspension of the driver's license to operate a vehicle will be imposed if the motorist has no prior DWI convictions. The suspension is for 6 months where the motorist does have a prior DWI conviction. However, courts are often willing to postpone that suspension for 20 days in order for the motorist to petition the Department of Motor Vehicles for a restricted license that will permit them to drive to and from work only.
Driving While Intoxicated, VTL Section 1192.2:
This is the standard, garden-variety offence that is typically charged when a motorist is arrested for DWI. It is considered a misdemeanor and does constitute a crime, giving the driver a criminal record. The minimum penalty, assuming no prior convictions for DWI as a misdemeanor, is a minimum fine of $500.00 and a maximum fine of $1,000.00 or both. A term of no more than one year in prison is authorized. The mandatory license revocation is for 6 months, with the same provision for a restricted license through DMV as outlined above.
Bronx dwi lawyers NY attorney
DWAI - First Offense
A person is guilty of DWAI if he/she operates a motor vehicle while his/her ability to do so is impaired to any extent by the consumption of alcohol. DWAI is a traffic infraction -- not a crime. By contrast, DWI and DWAI Drugs are crimes.
It is common for a person charged with DWI for the first time to receive a plea bargain offer reducing the charge to DWAI. However, while such an offer is common, it is by no means assured. For example, many District Attorney's Offices will not offer a reduction to DWAI if the person had a BAC over a certain level (e.g.,.13%), if the person refused to take a Breathalyzer test or a blood test, if there was an accident, if there was a child in the car, if the person was obnoxious to the police, if the person resisted arrest, etc.
If you are convicted of DWAI as a first offense, you face the following potential consequences:
A fine of between $300 and $500, up to 15 days in jail, or both;
Suspension of your driver's license for 90 days;
A surcharge of $75 ($80 if the case is in either a Town or a Village Court);
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Panel.
You will most likely be eligible for the Drinking Driver Program and a conditional license.
DWAI - Second Offense
If you are convicted of DWAI after having been convicted of DWI, DWAI or DWAI Drugs within the past 5 years (the 5 years runs from the date of the prior conviction to the date of the present charge), you face the following potential consequences:
A fine of between $500 and $750, up to 30 days in jail, or both;
Revocation of your driver's license for 6 months. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
A surcharge of $75 ($80 if the case is in either a Town or a Village Court)
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Pane
You will not be eligible for either the Drinking Driver Program or a conditional license
DWAI -- Third and Subsequent Offenses
Bronx dwi lawyers NY attorney
If you are charged with DWAI after having been convicted of 2 or more violations of DWI, DWAI or DWAI Drugs within the past 10 years, you can be charged with misdemeanor DWAI, in which case you face the following potential consequences:
A fine of between $750 and $1,500, up to 180 days in jail, or both;
A period of probation of 3 years;
Revocation of your driver's license for at least 18 months. In addition, DMV will require evidence of alcohol rehabilitation before it will ever relicense you;
A surcharge of $185 ($190 if the case is in either a Town or a Village Court);
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Panel
You may be eligible for the Drinking Driver Program
Also, even if the DWAI is not elevated to a misdemeanor, your driver's license will still be revoked for at least 18 months, because once you have 3 or more DWI, DWAI or DWAI Drugs convictions within 10 years, DMV imposes a license revocation of 6 months per offense. Thus, 4 offenses within 10 years would result in a 24-month license revocation, etc.
DWI - First Offense
DWI is a crime, conviction of which will result in a lifetime criminal record. If you are convicted of DWI as a first offense, you face the following potential consequences:
A fine of between $500 and $1,000, up to 1 year in jail, or both;
A period of probation of 3 years;
Revocation of your driver's license for 6 months;
A surcharge of $185 ($190 if the case is in either a Town or a Village Court);
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Panel.
You may be eligible for the Drinking Driver Programand a conditional license.
Bronx dwi lawyers NY attorney
DWI - Second Offense
If you are charged with DWI within 10 years of having been convicted of either DWI or DWAI Drugs, you can be charged with class E felony DWI. Nonetheless, if you are allowed to plead to misdemeanor DWI, you face the following potential consequences:
A fine of between $500 and $1,000, up to 1 year in jail, or both;
A period of probation of 3 years;
Revocation of your driver's license for 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
A surcharge of $185 ($190 if the case is in either a Town or a Village Court);
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Pane.
If you are convicted of misdemeanor DWI after having been convicted of misdemeanor DWI within the past 5 years, you are subject to the following additional mandatory penalties:
5 days in jail, or 30 days of community service; and
You must install an ignition interlock device in each motor vehicle you own.
If the new DWI charge is more than 5 years from your prior DWI or DWAI Drugs conviction, you may be eligible for the Drinking Driver Program and a conditional license.
DWAI Drugs
Like DWI, DWAI Drugs is a crime, conviction of which will result in a lifetime criminal record. It is critical to note that the standard of proof for DWAI Drugs is the same as that for DWAI Alcohol (that is, a person is guilty of DWAI Drugs if he/she operates a motor vehicle while his/her ability to do so is impaired to any extent by the consumption of certain drugs). In other words, DWAI Drugs is the same level offense as DWI, but you only need to be impaired -- not intoxicated -- to be convicted of this offense.
The consequences of DWAI Drugs are virtually identical to those of DWI, with two critical exceptions. First, due to a glitch in the law, if you are convicted of DWAI Drugs you are not eligible for a conditional license, but you may be eligible for a restricted use license (which is very similar to a conditional license). Second, the additional mandatory penalties for a 2nd DWI conviction within 5 years (i.e., ignition interlock device and either 5 days in jail or 30 days of community service) do not apply to DWAI Drugs.
Felony DWI
Bronx dwi lawyers NY attorney
If you are charged with DWI after having been convicted of DWI or DWAI Drugs (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter in the 1st or 2nd degree) within the past 10 years, you can be charged with a class E felony, and face the following potential consequences:
A fine of between $1,000 and $5,000, up to 4 years in state prison, or both;
A period of probation of 5 years;
Revocation of your driver's license for at least 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
Note that while DMV will revoke your license for at least 1 year, the court can, also, as a condition of probation, prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that either the court or the probation department have given you permission to drive;
A surcharge of $295;
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Panel.
If your conviction is for class E felony DWI, and your predicate DWI conviction was within the past 5 years, you are subject to the following additional mandatory penalties:
5 days in jail, or 30 days of community service; and
You must install an ignition interlock device in each motor vehicle you own.
If the new charge is more than 5 years from your prior DWI or DWAI Drugs conviction, you may be eligible for the Drinking Driver Program and a conditional license. However, if you are on felony DWI probation, it is unlikely that the Court will allow you to drive regardless of whether you are eligible to do so.
If you are charged with DWI after having been convicted of DWI or DWAI Drugs (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter in the 1st or 2nd degree) twice within the past 10 years, you can be charged with a class D felony, and face the following potential consequences:
A fine of between $2,000 and $10,000, up to 7 years in state prison, or both;
A period of probation of 5 years;
Revocation of your driver's license for at least 18 months. In addition, DMV will require evidence of alcohol rehabilitation before it will ever relicense you;
Note that while DMV will revoke your license for at least 1 year, the court can, also, as a condition of probation, prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that either the court or the probation department have given you permission to drive;
A surcharge of $295;
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Panel.
If your conviction is for class D felony DWI, and your predicate DWI convictions were within the past 5 years, you are subject to the following additional mandatory penalties:
10 days in jail, or 60 days of community service; and
You must install an ignition interlock device in each motor vehicle you own.
APS, or Administrative Per Se - In many states, there are two separate cases that arise from a single drunk driving arrest: the court case, and the Administrative Per Se, or APS case, with the Motor Vehicles Department. In cases where someone is arrested for DUI, DWI, OUI, OWI, or a related drunk driving charge, and gives a breath or blood test with results that are above the legal limit, the Motor Vehicles Department will take an administrative action against the driver. NOTE: Most states limit the time a driver has to request a hearing to contest the APS action. Usually, it is just a few days. That is why it is so important to contact a lawyer right away.
Alcohol Gaze Nystagmus (AGN) - Gaze nystagmus caused by the effects of alcohol upon the nervous system.
BAC - Blood alcohol content. In most states, alcohol level may be determined by reference to breath alcohol level as well, without having to convert to blood alcohol level.
BAL - Breath alcohol level, or blood alcohol level. Today, many states will allow the prosecutor to try to prove the defendant's guilt by direct reference to the breath alcohol level, rather than having to convert the breath alcohol level to blood alcohol level.
Burnoff - The ability of the body to metabolize alcohol, and eliminate it from the system through the functioning of the vital organs. The rate of burnoff will vary from person to person, and even be different for the same person depending upon various factors. This is just one of the reasons that retrograde extrapolation is such a difficult task, and why the results are uncertain.
Bronx dwi lawyers NY attorney
Caloric Nystagmus - A vestibular system nystagmus caused by differences in temperature between the ears, e.g., one ear is irrigated with warm water and the other irrigated with cold water.
Driving - Usually, ability to exert control over the vehicle. Officers usually need not observe someone driving in order to arrest them for drunk driving. Circumstantial evidence of driving is typically sufficient to establish this element.
Drunk Driving - A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms. They generally describe two types of cases: first, where the driver is sufficiently impaired by alcohol, drugs, or a combination of the two, that the driver cannot drive safely. Second, "drunk driving" relates to those cases where someone is above that state's legal limit, usually .08, no matter how safely the person is driving.
DUI - Driving under the influence. Can either refer to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of liquor and drugs. This is the most widely used acronym for drunk driving cases. The standard for what it means to be under the influence will vary from state to state. It is important to contact a lawyer in your area that knows DUI law if you have been accused of DUI or a related drunk driving offense.
DUII - Driving under the influence of an intoxicant. The intoxicant in DUII cases can be either alcohol or other drugs. There is no difference between a charge of DUII and DUI. A DUII charge is no more or less serious than that of DUI. However, Oregon, the state that refers to drunk driving as DUII, does have a pre-trial diversion program that many other states do not offer. Before you get involved in any diversion program, please talk to a DUI defense lawyer, as there are pros and cons to these types of programs.
DUIL or OUIL - Driving under the influence of liquor. Operating under the influence of liquor. This is a phrase that is used in very few states; most notably, it is sometimes used in Massachusetts, Michigan, or Utah to refer to a drunk driving case.
DWAI - Driving while abilities impaired. This acronym is used in Colorado to refer to a lesser charge that is related to drunk driving, but does not carry all of the same consequences and punishments. A DWAI conviction, in those few states that offer DWAI, may not be considered a prior conviction for drunk driving purposes in other states. It is important to consult a drunk driving lawyer that is well-versed in this area of the law to ensure your rights are protected.
DWI - Driving while intoxicated, or driving while impaired. Like DUI, DWI can refer to driving while intoxicated or impaired as the result of either drinking alcohol or taking drugs, or both. This is the second most widely used acronym for drunk driving cases. Like DUI, the question of how to define being intoxicated or impaired is at the heart of a drunk driving case in jurisdictions that use DWI. It is critical to consult with a DWI lawyer in your area that understands these sophisticated issues.
DWUI - Driving while under the influence is a phrase that is infrequently used to refer to drunk driving cases. When this acronym is used, it refers to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of alcohol and drugs.
Enhancements - Those factors that can operate to increase the punishment in a drunk driving, DUI, DWI, OUI, OWI, or related driving under the influence case. These enhancements may include driving above a certain speed while DUI, having minors in the car while drunk driving, having a BAC above a certain level (.20, for example), refusing to take a chemical test after being arrested for DUI, being involved in a traffic accident while DUI or DWI, or having prior convictions for DUI, DWI, or a related drunk driving offense.
Epileptic Nystagmus - Nystagmus evident during an epileptic seizure.
Field Sobriety Test (FST) - Any number of tests used by law enforcement officers, usually on the roadside, to determine whether a driver is impaired. Most FSTs test balance, coordination and the ability of the driver to divide his or her attention among several tasks as once. Other tests, such as the horizontal gaze nystagmus test, are used to measure a subject's impairment level.
Bronx dwi lawyers NY attorney
Fixation - ability of the eye to focus on one point.
Gaze Nystagmus - Nystagmus that occurs when the eyes gaze or fixate upon an object or image. Usually caused by a disruption of the nervous system.
Horizontal Gaze Nystagmus (HGN) - Gaze nystagmus that occurs when the eyes gaze or move to the side along a horizontal plane.
Impairment or Intoxication - Those states that refer to Driving While Intoxicated (DWI) or Driving While Impaired (DWI) usually have definitions that are similar to being under the influence. Each state has a different standard, so it is extremely important to contact a drunk driving lawyer in the state where you were arrested.
Jerk Nystagmus - Nystagmus where the eye drifts slowly away from a point of focus and then quickly corrects itself with a saccadic movement back to the point of focus.
Motions - Asking the court to do something. Drunk driving defense lawyers will usually file many motions with the court in defending a driver accused of DUI, DWI, OUI, OWI, or a related drunk driving offense. These motions may include discovery motions (to force the prosecutor to turn over evidence), motions to suppress evidence, motions to dismiss the case, and many others.
National Highway Traffic Safety Administration (NHTSA) - The agency within the United States Department of Transportation that administers traffic safety programs. NHTSA's duties include funding studies on field sobriety tests and training law enforcement officers in the administration of the standardized field sobriety test battery.
Natural Nystagmus - Nystagmus that occurs without any apparent physiological, vestibular, or neurological disturbance. Natural nystagmus occurs in approximately 2%-4% of the population.
Neurological Nystagmus - Nystagmus caused by some disturbance in the nervous system.
Not Guilty - The verdict you hope to hear in your DUI, DWI, or drunk driving case after being represented by one of our well-qualified DUI defense lawyers.
Nystagmus - An involuntary bouncing or jerking of the eye caused by any number of vestibular, neurological or physiological disturbances.
Oculomotor - Movement of the eyeball.
OMVI - Operating a motor vehicle while intoxicated, or operating a motor vehicle while impaired. Intoxication or impairment may be caused by drinking alcohol, taking drugs, or a combination of alcohol and drugs in those states that use OMVI as an acronym for drunk driving.
Bronx dwi lawyers NY attorney
One-Leg-Stand (OLS) Test - One of the three tests that make up the standardized field sobriety test battery. This test requires a subject to stand on one leg, look at his or her foot and count out loud to thirty. The subject is assessed on the ability to understand and follow instructions as well as th
Optokinetic Nystagmus - A nystagmus evident when an object that the eye fixates upon moves quickly out of sight or passes quickly through the field of vision, such as occurs when a subject watches utility poles pass by while in a moving car. Optokinetic nystagmus is also caused by watching alternating moving images, such as black and white spokes on a spinning wheel.
Oscillate - to move back and forth at a constant rate between two points.
OUI - Operating under the influence. Like the other acronyms, OUI can refer to operating a motor vehicle under the influence of alcohol, drugs, or both. Whether or not someone is under the influence is a complicated question, and many factors must be considered in making that determination.
OWI - Operating while intoxicated, or operating while impaired. Again, this intoxication or impairment may be as the result of consuming alcohol or any other drug, or a combination of alcohol and drugs.
Pathological Disorder - Disruptions of the normal functions of organs of the body due to disease, illness, or damage.
Pendular Nystagmus - Nystagmus where the eye oscillates or swings equally in two directions.
Per Se Laws - Laws that declare it illegal to drive a vehicle above a certain alcohol level, as measured by a blood or breath test. In most states, the per se limit is .08% or greater. Violating the per se law has nothing to do with one's ability to drive a car safely; it is based solely on body chemistry. The only question is whether the driver was above the legal limit at the time of driving. NOTE: since breath or blood testing always takes place after the time of driving, it does not directly answer the question of BAL at the time of driving. The alcohol level at the time of testing may be higher, lower, or the same, when compared to the time of driving.
Physiological Nystagmus - A nystagmus that occurs so that light entering the eye will continually fall on non-fatigued cells on the retina. Physiological nystagmus is so slight that it cannot be detected without the aid of instruments and it occurs in everyone.
Positional Alcohol Nystagmus (PAN) - Positional nystagmus when the foreign fluid is alcohol.
PAN I - The alcohol concentration is higher in the blood than in the vestibular system.
PAN II - The alcohol concentration is lower in the blood than in the vestibular system.
Positional Nystagmus - Nystagmus that occurs when a foreign fluid is in unequal concentrations between the blood and the fluid in the semi-circular canals of the vestibular system.
Bronx dwi lawyers NY attorney
Post-Rotational Nystagmus - Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Post-rotational nystagmus lasts for only a few seconds after a person stops spinning.
Reasonable Doubt - The definition varies from state to state. Before someone may be found guilty of DUI or DWI, the jury (or judge in those states that do not allow a jury trial for drunk driving cases) must be convinced in the defendant's guilt beyond a reasonable doubt. It represents the highest legal standard in our country; it generally requires an abiding conviction (long-lasting belief) in the truth of each and every element of the charges.
Resting Nystagmus - Nystagmus that occurs as the eye are looking straight ahead.
Retrograde Extrapolation - This is the scientific term for the ability to look at someone's alcohol level at the time of testing, and look backwards to determine what the alcohol level was at the time of driving.
Rising Alcohol Defense - This defense is based on the idea that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving (sometimes long after); these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving (the critical time in a drunk driving case), the alcohol level was below the legal limit, even if it continued to rise until the time of testing.
Rotational Nystagmus - Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Rotational nystagmus occurs while the person is spinning.
Saccadic - Movement of the eye from one fixation point to another.
Smooth Pursuit - The eye's course as it tracks a moving image.
Southern California Research Institute (SCRI) - A research organization that conducted the first two research studies that eventually produced the standardized field sobriety test battery. SCRI has conducted subsequent field sobriety test validation studies as well as drug recognition evaluation studies.
Standardized Field Sobriety Test (SFST) - A group of tests selected as the best field sobriety tests to increase the ability of law enforcement officers to detect driver impairment. The results of this battery, usually administered along the roadside, contribute extensively to a law enforcement officer's decision to arrest a person for impaired driving.
Under the Influence - The precise definition used in court will vary from state to state; however, it will relate to the inability of the driver to operate a motor vehicle with the same caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. It is not necessary for someone to have an alcohol level that is above the legal limit to be under the influence. However, most states do allow a jury to infer or presume that if someone is above the legal limit at the time the test was taken, and if the test was given close in time to the time of driving (within two or three hours), that the driver is under the influence. The manner in which the vehicle is driven is relevant, but not usually determinative in and of itself.
Vehicle - A motor vehicle, car, truck, motorcycle. In some states, a DUI, DWI or drunk driving conviction can result from driving a bicycle, riding a horse, driving a snowmobile, or even a motorized wheelchair.
Bronx dwi lawyers NY attorney
Vertical Nystagmus - Nystagmus that occurs when the eyes gaze or move upward along a vertical plane.
Vestibular System - The system of fluid-filled canals located in the inner ear that assists in balance, coordination and orientation.
Vestibular System Nystagmus - Nystagmus caused by a disturbance in the vestibular system.
Voir Dire - Jury selection. In those states that allow a jury trial for drunk driving cases, either the lawyers or the judge (or both) will question potential jurors about their background and qualifications to sit as jurors in the case. This process is called voir dire, and is extremely important in defending a DUI, DWI, or related drunk driving case. Both the prosecution and the defense are entitled to fair and unbiased jurors, in those states that allow jury trials in DUI, DWI, or drunk driving cases. Voir dire is the process by which the parties learn about the potential jurors, and determine whether or not the drunk driving case is a proper one for the potential juror to hear.
Walk-and-Turn (WAT) Test - One of the three tests that make up the standardized field sobriety battery. This test requires a person to take nine heel to toe steps down a straight line, turn and take nine heel to toe steps back up the line. The subject is assessed on the ability to understand and follow instructions as well as the ability to maintain balance during the instruction stage and walking stage.
Every New York Criminal Lawyer in the firm is experienced in assessing the particulars of an individual case as well as dealing with the many different issues that often come up in the New York Criminal Procedure Law and New York penal code as well as Federal Criminal Law.
NY attorney
Carmel
Elmira
NY attorney
New York City DUI Defense Lawyer | Attorney | DWI | Criminal
www.newyork-dwi.com/dwi.htm - CachedNew York-DWI, New York City DUI Criminal Defense Lawyer for DUI & DWI Third DUIs, help to Remove DUIs, servicing Manhattan, Queens and the Bronx NY.
New York City DWI Lawyer 516-790-6618 | Attorney | DUI
www.newyork-dwi.com/ - CachedHiring the right New York DWI lawyer to defend your case
Show more results from newyork-dwi.com
Bronx DWI Attorney Rachel Kugel - New York City DUI Defense
www.duiattorney.com/new-york/bronx
New York City DWI Lawyer Rachel Kugel defends drunk driving cases in the Bronx. ... If you face a DWI prosecution in New York City or Bronx County
New York City Criminal Defense Lawyer | Manhattan DWI Attorney
www.goldbergandallen.com/
For aggressive New York City criminal and DWI defense by former prosecutors Manhattan, Bronx, Brooklyn, Queens and Long Island DWI Lawyers
Bronx dwi lawyers NY attorney
NY DWI. New York DWI Attorney: Manhattan, Bronx, Queens
dwi-nyc.com/ - CachedWith an experienced New York DWI attorney on your side who knows the NY ... Yes, there are New York attorneys you can talk to
New York City Criminal Defense Lawyers Brooklyn DWI Attorneys
www.nylegaljustice.com/
New York City Criminal Defense Lawyers Brooklyn DWI Attorneys Bronx Queens Manhattan NYC. Call Today: 877-21-NYLAW. New York City Criminal Defense
Bronx Criminal Lawyers, Attorneys | New York (NY) Criminal Law
www.lawyers.com New-York Criminal Law Firms
Find a Bronx, New York (NY) Criminal lawyer or law firm. Contact a Criminal attorney in Bronx, New York (NY) by phone, fax or email on Lawyers.com.
Bronx dwi lawyers NY attorney
Bronx Lawyer | Criminal | Family | Landlord Tenant
www.bronx-lawyers.com/
Premier New York City attorney. As Bronx Attorneys we strive to protect the best interests of our clients in order to achieve the best result possible.
Bronx DUI / DWI Lawyers, Attorney, Lawyer, Attorneys, Law Firms - NY
lawyers.findlaw.com/lawyer/firm/DUI_DWI/Bronx/New-York
Find Bronx DUI / DWI Lawyers, Attorney, Lawyer
• KATZ LAW OFFICES – New York, New York City, Manhattan – www.katzlawyers.com
• Getz & Braverman, P.C. – Bronx, NY Map this – www.bronxcriminalattorney.org
• Lawrence M. Herrmann – Jackson Heights
New York Criminal Lawyer - Manhattan, NY Criminal Defense
criminaldefense.1800nynylaw.com/
Free Consultation - Stephen Bilkis & Associates - New York Criminal Lawyer Lawyer, NY Criminal Lawyer, Bronx Criminal Lawyer, Brooklyn Criminal Lawyer
Bronx dwi lawyers NY attorney
NYC DWI Law - New York City DWI Attorney, Brooklyn NY Drunk
www.nycdwilaw.com/
Also serving the Bronx, Queens, Staten Island Manhattan as DWI Lawyers National College of DWI Defense Lawyers - Former New York State Delegate
24 HOUR NEW YORK CITY CRIMINAL DEFENSE LAWYER
newyorkcriminaldefenselawyer911.com/
NYC Criminal Defense Lawyers - 24 Hour, Affordable, Top Quality Defense
(Manhattan, NYC); Kings County (Brooklyn); Queens County; Bronx County
Bronx DWI Defense Lawyer - Defense Attorney in The Bronx
www.dwibronx.com/ - Cachednew york city criminal defense lawyer You need the advice of an experienced Bronx DWI Defense Lawyer to assure that you receive the best outcome. ...
Bronx DWI Lawyer Bronx, NY, 10451
Bronx dwi lawyers NY attorney
Search for other Criminal Law Attorneys in Bronx.
New York Criminal Defense Lawyer - New York City Crime Defense
www.new-york-lawyers.org/ - CachedCrotty & Saland - New York Criminal Defense Lawyer - New York City Crime Defense Attorney serving Bronx, Brooklyn, Queens & Manhattan.
0 comments:
Post a Comment