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Hudson Valley Criminal Defense Law Blog

Man has accidents and flees, now faces drunk driving charges

For New Yorkers who are facing drunk driving charges, the penalties are harsh. The charges will often be determined by the circumstances of the arrest. For example, if there is an accident and a hit-and-run, the driver will face worse charges and penalties than if it was a simple drunk driving investigation and arrest. Regardless, those who are dealing with DWI charges must keep their future in mind by preparing a defense with help from an attorney experienced with a wide range of DWI issues.

A man was arrested on numerous DWI-related charges after he was accused of having two crashes and fleeing the scene each time. The accident happened while it was snowing.

What is aggravated assault and its penalties?

For New Yorkers who are arrested and charged with assault, there will be an inevitable fear that they might end up being convicted and sent to jail. Assault can be a serious charge, but it is important to understand that the circumstances will largely dictate the level of penalties. For example, some forms of allegations involving assault will result in an aggravated assault charge. Having a grasp on the law and how to face the charges is an important part of formulating a strong and viable defense.

In general, for a person to be convicted of assault, it must be shown that the incident caused physical injury to the victim. However, there are several factors that will be used to determine the severity of the charges including if a weapon was used and how mentally deserving of blame the defendant is. A key factor in an assault charge is intent. If the arrested person intended to cause injury to the victim, it will make the charges more serious.

Off-duty law enforcement officer arrested for DWI, fleeing scene

No one in New York State is immune to facing drunk driving charges. Even those who are in a position of authority in the state can be confronted by these allegations and the accompanying penalties in the event of a conviction. Any DWI charge must be dealt with aggressively to avoid the worst-case scenario. Having assistance from an attorney from the very beginning is one of the foundational factors in seeking a successful resolution. This is especially true when it is a city employee - particularly a law enforcement officer - who is accused of driving under the influence.

A law enforcement officer was arrested for DWI and leaving the scene of an accident. This was the second time this officer was accused of leaving the scene of a crash in one year. The latest incident occurred at around 5 a.m. when he drove into a utility pole. In the prior incident, he had hit another vehicle and fled. It had happened in May and he was suspended. He was allowed back on duty in October.

Traffic violations outside New York can affect driving privileges

New Yorkers who get a ticket while driving in the state will undoubtedly understand that the ticket must be paid or they will face an increase of the fine and the possibility of other penalties that can lead to the loss of driving privileges. A mistake that people might make with respect to their driver license is to think that a ticket they received out-of-state will not affect them in New York. Failing to pay an out-of-state ticket does have consequences in New York and those who are facing this issue need to be aware of how to handle it so it does not cause significant problems.

For people who receive a ticket for a moving violation in any state in the union except for Alaska, California, Michigan, Montana, Oregon or Wisconsin, the driver license in New York will be subject to suspension. It will remain suspended until the ticket is answered. Similarly, drivers who are in New York from any state - except those listed - will have their driver license suspended in their own state if they do not answer and address the moving violation.

Legal help is key for criminal traffic violations

In New York, when people are confronted with traffic infractions, it might not seem serious. However, when these traffic violations become criminal issues, it can lead to major problems. Having an attorney who is experienced in helping clients facing criminal traffic charges is one of the most important factors in a successful resolution of a case.

For example, if a person is caught driving without a valid driver's license, it is a crime. When a person is convicted for a felony traffic crime, there can be a variety of penalties, including jail, a fine up to $5,000 and the loss of the vehicle.

Couple arrested for drug crimes, DUI and violating Leandra's Law

Drug addiction and the issues related to it are making news in New York State and across the nation with the accompanying problems that go along with it. People who are under the influence of drugs will frequently make mistakes as part of their alleged drug use, such as driving under the influence of drugs.

There can be other factors that make the situation worse, if there is a traffic stop and subsequent arrest. While illegal drug use can result in serious consequences, such as jail time, people who are arrested for drug crimes related not to its sale and distribution, but to its use might have options, such as a drug diversion program to avoid the harshest penalties. Regardless of the situation, having legal help is essential.

There are different penalties for DUI, depending on age

When a New York resident is investigated by law enforcement and placed under arrest for drinking and driving or driving under the influence of drugs, it is a worrisome experience. It is unavoidable that there are numerous questions about the future after the arrest and as the case moves forward. For people who are arrested and charged with underage drunk driving, it is also important to remember that there are different license penalties, depending on the accused's age.

A person who is under 21 and convicted for underage drunk driving will see their driver's license revoked for one year not just in New York, but also in any other state or Canadian province. An underage driver who commits breath test refusal in New York -- even if there is no conviction for driving under the influence of alcohol or drugs -- their license will be revoked for one year. For a driver who is under 21 and has committed a second offense, their license will be revoked for a minimum of one year or until he or she turns 21, whichever takes longer.

With holiday DWI and driving offense crackdown, a defense is key

Drunk driving is an issue that New York State and its law enforcement takes seriously and tries to do what is possible to reduce its incidence and prosecute those who are arrested and charged with it. That often includes checkpoints at certain intervals when it is known drivers are prone to operating their vehicles under the influence. However, when a driver is arrested and hit with drunk driving charges due to checkpoints and targeted enforcement, there is a chance that drivers who have a reasonable excuse for the situation will get caught up and charged. This is when it is essential to have a strong legal defense.

New York State took steps to enforce the laws against drinking and driving and other unsafe driving activities over Thanksgiving. This is something that will continue throughout the holiday season. In the campaign, law enforcement is seeking out drivers who are taking part in underage drunk driving, adult DWI, driving while distracted, and ignoring the laws stating drivers must move aside for emergency vehicles.

Upstate New York man faces allegations of gun possession and DUI

Many criminal allegations are not limited to one act, but several. If a person is accused of committing several illegal acts at once, it can lead to exponential long-term consequences. For example, a driver who is stopped on suspicion of driving under the influence could have items or substances in the vehicle that he or she is not legally allowed to have and this can spark other charges. With any arrest, it is imperative to craft a strong criminal defense, but it is even more important when there are several charges lodged against the defendant.

A man was arrested for driving while intoxicated after he was stopped by law enforcement. The incident occurred at around 2 a.m. The man is alleged to have been speeding when he was pulled over. As the officer investigated, the driver was found to be under the influence. He was also in possession of a loaded handgun. As the man's record was examined, it was found that he was convicted of DWI previously and within the previous 10 years. That makes this latest charge a felony. He now faces three felonies - one for DWI and two related to the loaded gun with a large capacity magazine. He was also charged for speeding.

What if one is charged with driving while suspended or revoked?

Traffic violations in New York can lead to the loss of driving privileges. Those who are facing these penalties must be aware that they are not allowed to drive when their license is suspended or revoked. Doing so can result in significant penalties and even jail. With charges related to driving with a license that was suspended or revoked, it is essential to have legal help to lodge a defense. These charges will be referred to as Aggravated Unlicensed Operation (AUO).

If a person is charged with a misdemeanor AUO 3rd degree, the person was driving with a suspended or revoked driver's license. A conviction can result in a fine of $200 to $500, a surcharge, and potential jail time of up to 30 days or probation. AUO 2nd degree will be charged if the driver was operating the vehicle with a license that had been suspended or revoked in the previous 18 months after a conviction of AUO 3rd degree. There will be a minimum fine of $500, a surcharge, and imprisonment of up to 180 days or probation.

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