What Is The Drunk Driving Law In New York?

Tue, 29 May 2007 21:19:00 GMT

New York State DWI Law is governed by section 1192 of the Vehicle and Traffic Law. Section 11923 addresses the "common law" theory of DWI based on the police officer's physical observations of an individual's condition (i.e. odor of alcoholic beverage on breath; bloodshot and/or glassy eyes; impaired speech; impaired motor coordination etc.). Section 11922 governs the "statutory DWI charge" where an individual's Blood Alcohol Content (BAC) is .10 or greater as determined by breath, blood, urine or saliva test. (CAVEAT: Legislation is contemplating reducing the BAC level to .08 in New York as the gauge for one to be considered "legally" intoxicated).

Are There Times When I Should Not Take A Test?

Tue, 29 May 2007 21:19:00 GMT

If you were involved in a serious accident or have prior drunk driving arrests, it may be advisable not to take the test and endure the revocation rather than provide evidence of your possible intoxication. Again, ask to contact an attorney!

Can I Refuse To Take A Test?

Tue, 29 May 2007 21:19:00 GMT

There is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in New York State. If you've been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. ASK TO CALL YOUR LAWYER.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid in person and some tickets can be paid by mail.

How Is Bac Tested?

Tue, 29 May 2007 21:19:00 GMT

Your BAC will be tested either through a Breathalyzer test, urine test or direct withdrawal of your blood. Although you may not have the right to dictate the terms of the bloodalcohol testing, you should be asked for permission prior to the administration of the test. Refusal to submit to testing, however, often results in revocation of your license. These tests, especially the Breathalyzer test, may be improperly influenced by a variety of factors including: prescription drugs and medical conditions, certain dental work, the use of chewing tobacco, and even burping in the middle of testing. Because the percentage of your blood that consisted of alcohol at the time of testing is critical to the case against you, an experienced DWI attorney will examine whether any of the circumstances of your testing can be challenged.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are permitted in the vehicle. Consumption by driver or passenger is prohibited.
Unloaded firearms are permitted in the vehicle. New York City residents must have a valid permit for handguns. New York prohibits transportation of handguns into and through the state by nonresidents without a valid New York license. Long guns may be transported through the state if they are unloaded.
Studded tires are permitted from October 16 to April 30.
Tire chains are not required.
New York has a seat belt law with primary enforcement for all front seat occupants.
New York has a mandatory child restraint law for passengers under 17 years of age. Children under age 5 must use approved car safety seats. Adult safety belt may be used for children ages 510 in rear seat only and for children ages 1116 in all seats.
New York has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.

What Are The Elements Of Dwi?

Tue, 29 May 2007 21:19:00 GMT

The critical elements of a DWI conviction are as follows:

driving or operating a motor vehicle
on a road or highway
while having a Blood Alcohol Content (BAC) level above the legal limit.

What Are The Laws For Parkways?

Tue, 29 May 2007 21:19:00 GMT

Parkways in New York are for passenger vehicles with noncommercial tags only. This includes cars, vans with windows on the side and rear, SUVs and pickups with caps. Pickups without caps are not allowed, even with passenger tags.

What Are The Laws For Stopped School Buses?

Tue, 29 May 2007 21:19:00 GMT

On a divided, multilane interstate highway, even if there's a ½mile median strip, if a school bus is stopped along side the road with its passenger discharge lights on, all lanes of traffic must stop.

What Are The Penalties For Felony Dwi?

Tue, 29 May 2007 21:19:00 GMT

A person charged with DWI who has a prior DWI conviction within 10 years faces felony DWI charges which carries a potential maximum jail sentence of up to 4 years.

What Are The Physical Tests?

Tue, 29 May 2007 21:19:00 GMT

The police will generally request you to submit to various physical performance tests, such as walking heeltotoe and touching your finger to your nose. There is no legal obligation to take these tests. As the consumption of alcohol can impair your ability to perform these tests, it may be advisable to refuse to submit to any performance tests and thereby limit the potential evidence against you.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law with securitytype law. Minimum limits: $25,000/50,000/5,000. Nofault insurance with personal injury protection and property damage protection and uninsured motorists insurance are required.

What Are The Speed Limits In New York?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 65 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential As posted

What If I Refuse To Take A Test?

Tue, 29 May 2007 21:19:00 GMT

Refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge; and some prosecutor's offices will not extend reduced plea offers on refusal cases. Accordingly, in New York, where there was no accident, no horrendous driving record, no prior drunk driving or other criminal record, and no evidence of wild or dangerous driving, it is usually most advisable to take the test.

What If I Was Not Driving On A Roadway?

Tue, 29 May 2007 21:19:00 GMT

Your attorney may also raise the argument that you were not driving a "motorized vehicle" as intended by the applicable laws in your state. For example, although motorcycles clearly constitute a motorized vehicle, the laws of your state might not encompass a riding lawn mower. Finally, your attorney may argue that you were not actually driving on the "highways" or "roads" encompassed by the DWI law of your state. Some examples of areas that have found outside of the scope of various states' DWI statutes are driveways, ditches, frozen lakes and parking lots. These court decisions are, however, made on a case by case basis and can vary from state to state and even from court to court within the same state.

What Is "bac"?

Tue, 29 May 2007 21:19:00 GMT

A DWI conviction depends on a test of your Blood Alcohol Content. Unfortunately, often times a person is not even the slightest bit aware of what his or her BAC is prior to stepping into a vehicle. In fact, you may have been completely unaware of your "guilty" condition prior to having your BAC tested. Nonetheless, "intent" to drive drunk is not required for a drunk driving conviction. Still, close cases provide the greatest basis for a successful defense. For example, where 0.8 percent BAC is just within the legal limits and you are found to have 0.9 percent BAC, your attorney may have a strong case when arguing the invalidity of your blood alcohol test. (Also, in a close case, an experienced defense attorney may succeed in negotiating a plea to a lesser offense.)

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Dwi?

Tue, 29 May 2007 21:19:00 GMT

In New York, the law is getting increasingly more strict with individuals convicted of drunk driving. If you have just been arrested for Driving While Intoxicated (DWI) for the first time, you may feel uncertain about the resulting court proceedings. DWI law in New York can be quite complex. Furthermore, the stakes are high even as a first time offender, you may face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense attorney who has experience in this area of law.

What Is The Difference Between "driving" And "operating"?

Mon, 04 Jun 2007 21:51:22 GMT

An experienced attorney will also examine whether it can be argued that you were not "driving" the vehicle prior to your arrest. Some states use the word "driving" in their statutes and others use the word "operating." While the definition of what constitutes "driving" a motor vehicle is more broadly interpreted than the definition of what is found to constitute "operating" a motor vehicle, in the appropriate situations, this element of the charge against you may be challenged. Often times, just sitting behind the wheel of a running vehicle will constitute "driving" or "operating" a vehicle. If, however, you were unconscious behind the wheel of a car with a running engine, there is an argument that you were not "driving" or "operating" the vehicle while intoxicated. On the other hand, even in cases where a person is found sleeping in the car with the keys in the ignition, courts have found this to constitute "operating" a vehicle or being in the "physical control" of a vehicle. Some jurisdictions have been especially stern, finding that DUI statutes are meant to prevent drunk drivers from getting into cars, except as a passenger. Further, there is a good argument that can be made that you were not "operating" a vehicle, which was in fact inoperable prior to your arrest. Moreover, the prosecution should be forced to prove that you were actually the individual driving the vehicle.

What Is Unique To New York?

Tue, 29 May 2007 21:19:00 GMT

All moving violation convictions of New York drivers occurring in the provinces of Quebec and Ontario are reported and recorded in New York. Under special agreements with these provinces, convictions in either are treated exactly as though they occurred in New York. The same is true for drivers from Quebec or Ontario who commit violations within New York.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $1,000 must be reported immediately to the local authorities and within 10 days to the Department of Motor Vehicles, Empire State Plaza, Albany, NY 12228.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

Why Should I Contact An Attorney?

Tue, 29 May 2007 21:19:00 GMT

It is also advisable to request the opportunity to contact a lawyer directly from the station house, or to call a friend or family member and ask him or her to immediately seek an experienced criminal defense lawyer. A lawyer can often speak to the police who arrested you while you are in custody, thereby gathering information about the case even before it gets to court. He can then appear at your court arraignment to argue on your behalf.