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Court Hearings
A hearing may be as soon as the next day. It is imperative that you contact me before this happens before your license is suspended depending on the counts against you. In New York, you can be arrested for DWI if you are simply sitting in the driver's seat of a vehicle and have too much alcohol in your blood, even if the vehicle is not moving. When arrested for suspicion of DWI, you will be asked to take a chemical test to confirm your BAC. New York law stipulates that all drivers have the right to consult with me before you have to take a chemical test. It is important that you take advantage of this right, even if it is late at night, before agreeing to take the chemical test. You will also want me to help you file the necessary paperwork for your court hearings. A New York DWI arrest and charge sparks two separate cases, a criminal court case and a case in the Department of Motor Vehicles. The first time you are arrested for a DWI in New York, it is considered a misdemeanor and goes on your criminal record. Depending on the severity of the crime, you can expect to face the following: * Fines between $500 and $1000 * Misdemeanor surcharges of $160 * Up to a year in county jail Subsequent offenses face stricter penalties, and most often the court will assign driving education classes for those arrested for DWI. Also, a repeat offense is considered a felony instead of a misdemeanor. Another consequence you face as a result of a New York DWI arrest is a license suspension. Depending on the level of alcohol in your blood and any injuries or damage you caused, you will typically face 6 months of license suspension. Your license suspension will begin at the time of your conviction in court. However, your lawyer can file to have that suspension postponed for 20 days. This gives you time to file for a restricted hardship licenses through the DMV that will allow you to drive to and from work. You cannot apply for the hardship license until you have served 30 days of your suspension. If you are arrested and convicted of a New York DWI, the DMV will inform your insurance company of your crime. As a result you may find that your existing vehicle insurance company may drop you or raise your rates significantly. If you choose to shop around for a new policy, you will find it difficult and nearly impossible to get coverage. However, in order to get your license reinstated after your suspension, you must have proof of insurance to show the DMV. For any legal questions you may have or if you feel your rights have been violated then contact me immediately.
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For an experienced, aggressive yet compassionate lawyer to handle your defense, contact me to schedule a free initial consultation. My office hours are flexible and I am available to take your call 24 hours a day, 7 days a week. If you are in jail or in the hospital and cannot come to my office, I will travel to meet with you. I accept Visa and MasterCard and payment plans are available.
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At the law office of Michael Kramer, I defend individuals in New York City and all 5 boroughs, White Plains, Yonkers, Mount Vernon, New Rochelle, Rye Brook, Peekskill, Scarsdale, Mount Kisco, Port Chester, Mamaroneck, Carmel, Harrison, Bedford, Croton, Ossining, Tuckahoe, Scarsdale, Elmsford, Tarrytown, North Salem, Lewisboro, Yorktown and throughout Westchester County, Putnam County and Bronx County.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2010 by Michael Kramer. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.