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The WNYDWI Turbo Team Blog Is A Resource For DWI Defendants In Western New York



 

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Welcome To The WNYDWI Blog

Traffic Violations In WNY

Posted by: Nikole Wynn Posted Date: 09/09/2013

Post any questions that you have about Traffic Violations in Western New Yorkunder this category.

Please note that, in order to avoid spamming, this blog is moderated and your posts may only be published following acceptance by a moderator.

Additionally, in order to avoid inaccuracy or abuse, we reserve the right to edit your post or to refuse publication of your post.

Increased Penalties For Multiple DWI Convictions

Posted by: Nikole Wynn Posted Date: 08/20/2013

Multiple DWI Convictions Within Ten Years Constitutes A Felony In New York
Even on a first offense, the penalties for Driving While Intoxicated (DWI) are severe in New York State. The penalties increase significantly if the defendant is a repeat offender. Specifically, a second conviction for DWI or ADWI (Aggravated DWI) within ten years constitutes a felony rather than a misdemeanor.

Multiple Convictions Within Five Years Requires Incarceration or Community Service
In some cases, a repeat offender is required to perform community service or serve jail time. Particularly, section 1193 of New York's Vehicle and Traffic Law dictates than an individual who has a second conviction for Driving While Intoxicated within five years must serve at least five days in jail, or peform at least thirty days of community service.

An individual with two or more prior convictions for DWI within five years must serve at least ten days in jail, or perform 60 days of community service.

It is important to note, the increased penalties apply when an individual has a prior conviction for Driving While Intoxicated (DWI) - the mandatory incarceration or community service does not apply to a prior conviction for Driving While Ability Impaired (DWAI).

Posted In: DWI Penalties

New Traffic Penalty for Texting While Driving In NY

Posted by: Nikole Wynn Posted Date: 08/14/2013

As of June 1, 2013, the New York State Department of Motor Vehicles has implemented new penalties for texting while driving violations.

Previously, a texting while driving conviction anywhere in NY carried 3 points on an individual's driving record. As of June 1, 2013, texting while driving in New York now carries 5 points on an individuals driving record, and is considered a "Serious Driving Offense".

As always, it is important to consider the safety of those you share the roads with. This new penalty is meant to deter texting while driving on our roads.

If you or someone you love is facing a texting while driving conviction, or other cell phone violations, anywhere in Western New York, call the Turbo Team at 716.for 634.4747 for a FREE consultation with an experienced Lawyer.

Driving While Intoxicated (DWI) in New York State

Posted by: Nikole Wynn Posted Date: 04/11/2013

While everyone knows that drinking and driving is a crime, many are surprised to learn that there are numerous alcohol related crimes under New York State law. Section 1192 of the Vehicle and Traffic Law outlines the various alcohol and/or substance related driving offenses in New York State.

Driving While Ability Impaired by Alcohol (NY VTL § 1192 [1])
A person may be charged with Driving While Ability Impaired by Alcohol (DWAI) if he or she operates a motor vehicle when his or her ability has been impaired by the consumption of alcohol. DWAI is NOT a criminal offense. While there are harsh penalties associated with this offense, it is classified as a traffic violation. Therefore, a conviction for DWAI is not a criminal conviction in New York State.

Driving While Intoxicated Per Se (NY VTL§ 1192 [2])
A person may be charged with Driving While Intoxicated (DWI) Per Se if he or she operates a motor vehicle with a blood alcohol content of 0.08% or more. Generally, DWI is a misdemeanor in New York State; however, it should be noted that individuals with prior alcohol-related convictions may face felony charges for having multiple convictions.

Aggravated Driving While Intoxicated (NY VTL§ 1192 [2-a])
A person may be charged with Aggravated Driving While Intoxicated (ADWI) if he or she operates a motor vehicle with a blood alcohol content of 0.18% or more. Generally, ADWI is a misdemeanor in New York State; however, the fines and penalties associated with it are more severe than DWAI and DWI.

Driving While Intoxicated (NY VTL§ 1192 [3])
This category of DWI is sometimes referred to as the “common law” DWI. A person may be charged with common law DWI if he or she operates a motor vehicle in an “intoxicated condition.” Unlike DWI Per se, which is based on the motorist’s Blood Alcohol Content (BAC), Common law DWI is based on the arresting officer’s observations of an individual operating a motor vehicle while in an intoxicated condition. Oftentimes, an individual who refuses to submit to a chemical test will be charged with Common Law DWI.

Driving While Intoxicated with a Child - (NY VTL§ 1192 [2a-b]
If an individual is charged with an alcohol related offense (DWI, ADWI) and there was a child (age fifteen or younger) in the vehicle at the time of the offense, the charge will constitute a felony (even on a first offense).

You can find out more about DWI Charges in New York State, and the associated penalty guidelines by visiting the DWI Charges page of our website.

Posted In: DWI Charges
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