DWI / DUI &
Traffic Court
When facing a DWI – DUI charge, it is essential to mount a strong defense to protect your rights and potentially mitigate the consequences.
Traffic Tickets
Some times getting a traffic ticket isn’t a big deal. You sign the back, pay a fine and it’s over with. However, all too often the guilty plea and fine are only the beginning of a costly experience. If the ticket was for a “moving violation” such as speeding, failure to obey a traffic signal or sign, failing to maintain lane, etc., the guilty plea is reported to the NYS Department of Motor Vehicles where it becomes part of a driver’s record.
Each violation has a statutorily prescribed “point” value that stays on a driver’s record for 18 months. Speeding tickets have a minimum “point” value of 3 and a potential maximum of 11. If a driver’s point total reaches 11 or more points a mandatory mandatory 31 days suspension (for first time suspensions) will be imposed unless the driver asks for a “license suspension hearing”. At such a hearing a driver can dispute the accuracy of the DMV’s records but, unless some problem in record keeping has occurred the typical result is that driving privileges will be suspended for anywhere from 31 days to one year. If a driver accumulates more than 6 points in any 18 month period a special surcharge of $150/year can be imposed by the DMV. Also, if you are convicted of 3 separate speeding violations that occurred within 18 months your license must be suspended for 6 months.
The DMV record is also checked by automobile insurance companies every time auto insurance comes up for renewal or a new application for insurance is made. A moving violation on a driver’s record virtually guarantees an increase in insurance rates. Depending upon how many points have accumulated the increase in rates can be dramatic, sometimes as much as twice the previous rate. Moreover, if enough points have accumulated an insurance company may refuse to renew or decline to provide a new policy. In those cases a driver will be forced to obtain insurance through the NYS “assigned risk” pool. Insurance rates in the assigned risk pool are very, very high.
DWI / DUI
Defending people charged with alcohol related offenses is a very specific area of criminal law. Effective defense of DUI related charges sometimes involves seeking the best possible “plea agreement” with the District Attorney’s office. Other times, it may mean taking the charges to a trial.
Whatever the situation, the Salvatore F. Lanza legal team understands both the law and the science of determining whether an individual is intoxicated, how that was determined by the police and whether proper procedures were followed, often determines the outcome of a case.
Ticket Violations & Points
Environmental Law
Accidents & Injury
If you are injured in an automobile accident, you may be entitled to a settlement. Please call our office for a preliminary consultation,
Liability
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