How Many Points is a DWI in NY?

Here in New York, moving violations result in points against your driving record. This is the state’s way of monitoring offenses and punishing drivers for violations. The number of points you earn for each violation is dependent on the severity and nature of the violation. Once a driver reaches 11 points in an 18-month time period, they will be penalized in fees, higher insurance rates, and, ultimately, a potential suspension of their driver’s license.

In the case of a DWI, however, the state of New York does not apply points against your driver’s license. The penalties from a DWI conviction are far more serious than points against your license. While it takes an accumulation of points over a period of time to get a license suspended due to moving violations, a DWI conviction can lead to an immediate suspension or revocation of your license in addition to a criminal record. Any moving violations charged at the time of the DWI will earn points in addition to these penalties. Consequently, if you have been charged with a DWI in New York, it is critical to get the help of a skilled New York DWI attorney to assist in your case as soon as possible.

What Are the Penalties of a DWI in New York?

Here in New York, there are severe penalties for a DWI conviction. These penalties are not only to punish those who choose to drink and drive but also to set serious examples for others. And for each subsequent offense conviction, penalties become more severe.

• In New York, a first offense DWI conviction can result in fines of $500 to $1,000, up to a year in jail, and a minimum license suspension of 6 months
• A second DWI conviction (within 10 years) can result in fines of $500 to $1,000, up to four years in jail and a minimum license suspension of one year.
• A third DWI conviction (within 10 years) can result in fines of $2,000 to $10,000, up to seven years in jail, and a minimum license suspension of one year.
• An Aggravated DWI can result in fines of $1,000 to $2,500, up to one year in jail, and license revocation of at least one year. Subsequent aggravated DWI convictions lead to more severe consequences.

While being charged with a DWI in New York is serious, there are defenses available to you if you have the right legal counsel. Rather than face a criminal court alone, you want to have an experienced New York DWI lawyer in your corner.

Driver Violation Point System

If you are convicted of a traffic offense, you will be given points on your New York driver’s license. The nature and severity of the violation will determine the number of points.

One example is that going no faster than 10 miles per hour is only three points. While going more than 40 miles per hour is eleven points. The majority of violations fall within the range of three to five points.

If you accumulate 11 points during 18 months, based on the violation date and not the conviction date, you could face suspension of your license and possibly fines. To avoid suspension, however, you may be able to take the Point and Insurance Reduction Program course.

Driver Responsibility Assessment

Drivers with six or more points on their records, convictions for alcohol or drugged driving-related crimes, or refusal to submit to chemical tests will have to pay a driver liability assessment each year. The type of offense will impact the amount.

Drivers with 6 points earned in 18 months or less will be subject to $100 per annum for three years. A driver who earns more points over the 18-month period will have to pay $25 extra each year in fines for each point.

Drivers convicted in alcohol or drugged driving-related cases or who refuse a chemical test will have to pay $250 per year for three years.

Getting Skilled Professional Help After a DWI Charge in New York

In order to prove a case of DWI in New York, the prosecution must prove two important elements: that the defendant was 1) operating a motor vehicle and 2) while operating that motor vehicle, he or she was intoxicated. Although this may seem simple enough to prove, it is not always so clear-cut. And this is when an experienced criminal defense lawyer comes in.

Being charged with a DWI is not the same as being convicted of the crime. Depending on the situation and circumstances, you may have several possible defenses. Even if a conviction is unavoidable, with a good criminal defense lawyer there are many ways of mitigating penalties or negotiating for a reduction in charges.

A DWI can stay on your record for many years and can have serious long-term consequences. If you have been charged with a DWI or DWAI in New York, contact an experienced DWI defense attorney at the Law Offices of Jason Bassett. Call us at (631) 259-6060 or contact us online for a no-cost consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/how-many-points-is-a-dwi-in-ny/ How Many Points is a DWI in NY?

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When Do I Actually Enter A Plea of “Guilty” or “Not Guilty”?

At the State Level, on all Indicted Felonies, Misdemeanors, and Violations you would plead “Not Guilty” at the arraignment (a Violation is not a crime as defined under New York State Law but can be punished by up to 15 days in jail). On Unindicted Felonies, you would enter a general denial at the arraignment and would only enter in a plea of “Not Guilty” only after the matter was indicted by a Grand Jury. At the Federal Level, as to all charges you would put in your plea of ‘Not Guilty” at the Initial Appearance. In both the State and Federal Courts, pleas of “Guilty” are almost always taken later in the process

Will My Attorney And I Have Access To Discovery Prior To Entering A Plea Of Guilty Or Not Guilty?

At the Federal level, in virtually all cases the attorney for the defendant will have discovery before any sort of plea negotiations are entered into. At the State Court Level, the prosecution has to provide discovery no later than 15 days after the defendant’s arraignment (although in some cases that time may be extended by 30 days with the permission of the Court). If the State Court prosecutor makes a Pre-Indictment offer requiring a plea to a crime, the prosecutor has to disclose all discovery not less than three calendar days prior to the expiration date of the offer. If it is either an indicted felony or a misdemeanor, when a prosecutor makes an offer requiring a plea to a crime, they must disclose discovery not less than 7 calendar days prior to the expiration date of the offer.

How Often Will I Need To Appear In Court During The Course Of My Case?

How often you will have to appear during the course of your case can vary pretty widely depending on the individual judge and the level of the crime charged. On an open criminal matter, there’s normally an appearance approximately once a month for both State and Federal cases. The period between court appearances can be longer or shorter depending on the specific circumstances of the case. At each court appearance, a variety of things can happen: the prosecutor and the defense attorney may negotiate matters related to the case; the prosecutor may provide discovery; future matters may be scheduled; written motion can be filed; evidentiary hearings and even a trial may result.

Should I Start Pre-Trial Voluntary Counseling For My Criminal Case on Long Island?

First and foremost, if someone feels that they need some sort of counseling then regardless of the effects on their case they should go forward with it. I have never known the decision to engage in counseling (whether it be for emotional issues or regarding substance abuse) to negatively impact a case. At worst it may have no effect on the case, but often it can convince a prosecutor to make a better plea. If someone has taken it upon themselves to seek some sort of counseling without it being required, it can often persuade a prosecutor that this is someone who is sincerely trying to change and should be given a chance.

Should I Cooperate With Law Enforcement? Does That Really Help Me With My Criminal Case?

First off, whether it be at the Federal Level or the State Level, you should only be speaking with any law enforcement authorities with your attorney involved every step of the way. It’s a very fact-specific determination whether or not you should try and work with the authorities and cooperate, either as a witness or a confidential informant. Under the right circumstances, cooperating with the authorities can be to a person’s advantage. Very often prosecutors will give a very favorable plea offer to someone who cooperates, whether that be through providing information, acting as an informant, and/or eventually testifying against someone else. If one eventually pleads guilty to a crime in Federal Court, one of the things specifically considered at sentencing is any cooperation the defendant has provided to the government. While it may be in your interest to cooperate, your attorney must first evaluate the strength of the prosecutor’s case so you can compare the likelihood of conviction and the possible sentence so you can properly judge the value of what the prosecutor is offering you.

Can My Attorney Have My Federal Or State Felony Charges Reduced To Lesser Offenses?

It is possible to have charges reduced under a variety of circumstances. I can often convince the prosecutor that the evidence isn’t sufficient to sustain the present charges. An Experienced Criminal Defense Attorney like myself can often point out the weaknesses in the prosecutor’s case and convince them to reduce the charges. Sometimes charges are reduced because the defense attorney has filed written motions asking the court to reduce the charges based on legal challenges. Most plea bargains include an agreement to plead guilty to reduced charges.

What happens during Arraignment?

An arraignment is the first appearance in court for anyone arrested. The arraignment does not constitute a criminal trial. During your arraignment, the prosecution will present to the judge a criminal charge sheet that will detail the charges against you. Based on the evidence collected by the police and your criminal history, the prosecutor will prepare a criminal complaint. The charges may be different from what you expect. It is important to have a New York criminal attorney at your arraignment. This is because there are important issues such as bail and your initial plea.

What happens after Arraignment?

There are many ways a criminal case could proceed after arraignment. Your New York criminal arraignment lawyer will be there to represent you throughout the process. Motions and hearings will be held if the charge is a misdemeanor. If there is no agreement to plead guilty, the case will go to trial.

If the charge is a felony, the case will be referred to a grand jury. If the grand jury indicts the defendant, there will be a Supreme Court hearing followed by a series of motions and hearings. If the defendant doesn’t plead guilty, the case will go to trial.

For more information on Whether To Plead “Guilty” Or “Not Guilty”, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/when-do-i-actually-enter-a-plea-of-guilty-or-not-guilty/ When Do I Actually Enter A Plea of “Guilty” or “Not Guilty”?

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