Is it worth fighting a DWI in New York?

Driving is society’s easiest and most convenient means of transportation and because there are a lot of drivers on the road, it’s always important to be as safe as possible. However, there is a very fine line that determines what is considered safe while operating a vehicle, especially when it comes to DWI-related charges and convictions. The laws for DWI on Long Island are very strict and the consequences can be life-altering without a proper defense. The repercussions associated with this kind of offense make it very easy to feel like you’ve made your bed and you have no other choice but to lie in it, but that’s not always the case. This is why it is crucial to bring your case to a DWI lawyer that can help you explore all of your options.

What if this is my first DWI offense on Long Island?

If this is your first offense with a DWI charge or conviction, it may help your defense but it really depends on the entire situation and the level of intoxication. Once a DWI report is submitted, the offense goes into the hands of the District Attorney. The District Attorney is only able to make decisions based on the information given in the report. There are policies put in place that determine the severity of the charge that is based on the results of the reported BAC.

For instance, in Nassau and Suffolk County, if BAC is between .05% and .07% it may not be considered a criminal offense but rather an infraction which could still involve consequences such as fines, license suspension, and in some cases even jail time. If BAC is between .08% and .17% the consequences are much more serious and could result in a misdemeanor or worse.

What options do I have to build a defense against my DWI?

There are many different ways to approach building a defense that could potentially reduce or drop the charges of a DWI on Long Island. Much of the evidence gathered for the offense is based on subjective tests. For example, if an arrest was made due to the results of a field sobriety test, that kind of evidence is based on the judgment of the arresting officer and could be contested. Another commonplace where evidence can be found to build a defense is in the arrest report. There could be legal technicalities in the report that could work in favor of the defense.

Those are just some of the breadcrumbs that could begin to build a solid defense case against a DWI offense. It is always going to be the best-case scenario to work with an attorney experienced in DWI cases.

Can a DWI lawyer guarantee that my offense will be dropped or reduced?

Unfortunately, no. There is never ever any guarantee when it comes to a defense case, but that doesn’t necessarily have to mean that you are doomed. Your chances of achieving the best possible outcome for your case are much better when you have an experienced attorney working by your side.

New York BAC Chemical Testing

Breathalyzers and BAC chemical tests are often used by law enforcement officers to seek a DWI conviction. These methods, however, are not conclusive evidence that a person was drunk driving and they do not constitute an automatic conviction. The possibility of the arresting officers making a mistake in handling the situation is always present. An experienced Long Island criminal defense attorney may use these possible errors to defend someone who is facing a DWI charge in New York.

New York courts require that drivers who are arrested for drunk driving must submit to a breath test to determine their BAC. This means that drivers who drive cars in New York state consent to having their system tested for alcohol.

Refusing to submit for testing after being pulled over could result in your driver’s license being revoked. There may also be other penalties such as fines or suspension of their license. If the driver insists on their refusal of the test, they are entitled to request a DMV hearing. Having a skilled DWI lawyer when facing DWI charges can boost the driver’s chances of having a favorable outcome.

DWI lawyer in New York

Criminal attorney, Jason Bassett, is a highly regarded DWI/DUI lawyer on Long Island.

What is going to be important when it comes to finding counsel for a DWI offense is to thoroughly do your research. Choosing an attorney is an important decision and every case and every client is unique in its own way. It’s our recommendation to choose an attorney that will dedicate their time and attention to understanding the details of your case and who will strive for an outcome that will be within your best interest. Attorney Jason Bassett may be able to provide the legal assistance you need if you are facing DWI charges in New York. Contact us today to schedule a consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/is-it-worth-fighting-a-dwi-in-new-york/ Is it worth fighting a DWI in New York?

source https://jbassettlaw.com/is-it-worth-fighting-a-dwi-in-new-york/

What is a DWAI?

In response to the dangers posed by people driving under the influence of alcohol, drugs, or both, police in New York are constantly on the lookout for drivers whose ability to operate their vehicles seems impaired. Prosecutors, spurred on by constant new reports involving people hurt or even killed by someone driving under the influence, aggressively pursue charges under the Vehicle & Traffic Law (“VTL”) against anyone accused of driving while impaired by alcohol, drugs, or a combination of the two. If you’ve been arrested and charged with DWI, DWAI, DWAI – Drugs, or any form of impaired driving in Suffolk County or Nassau County, protect your rights and contact Long Island DWI Attorney Jason Bassett.

Impaired Driving in New York

In New York (unlike many other states), there is no actual crime entitled “DUI” or “Driving Under the Influence.” DUI is an umbrella term that is used to mean operating a motor vehicle while under the influence of an intoxicating substance. New York uses the terms “DWI” (or “Driving While Intoxicated”) and “DWAI” (“Driving While Ability Impaired”).

DWI vs. DWAI: How Are They Different?

A DWI charge in New York is specifically related to impaired driving as it relates to alcohol. If you drive in New York, you can be charged with DWI if your blood alcohol content (BAC) is at or above .08%

A DWAI charge, on the other hand, can be levied against a driver who has not reached the .08% BAC threshold but who is still considered impaired. DWAI in New York is separated into three categories:

• DWAI (which refers to impairment by Alcohol)
• DWAI – Drugs
• DWAI – Combination of Alcohol & Drugs

You can be charged with DWAI pursuant to VTL 1192.1, an infraction if you are found to be driving with a BAC between .05% and .07%.

A driver is charged with DWAI – Drugs under VTL 1192.4, a misdemeanor, if they are alleged to have been operating a motor vehicle while under the influence of recreational and/or prescription drugs that can cause impairment (these substances are listed in the Public Health Law).

If you are alleged to have been driving under the influence of a combination of alcohol and drugs, you will be charged under VTL 1192.4-a, a misdemeanor.
Defining Legal Impairment

For both DWI and DWAI, for a driver to be proven impaired, the government must prove that the alcohol made the driver substantially incapable of operating their vehicle safely.

For DWAI – Drugs and DWAI – Combination of Alcohol & Drugs, the prosecution only needs to prove that the person’s ability to drive was impaired to any degree.

Penalties for DWAI in New York

For a first-offense DWAI, the penalties can be:

• A fine between $300 and $500
• Driver’s License suspension of 90 days
• Jail term up to 15 days

For a first offense DWAI -Drugs, the possible penalties include:

• A fine between $500 and $1000
• Driver’s License suspension of 6 months
• 3 years of Probation
• Jail term up to 1 year

For a first offense DWAI – Combination of Alcohol & Drugs, the potential penalties are:

• A fine between $500 and $1000
• Driver’s License renovation of 6 months
• 3 years of Probation
• Jail term up to 1 year

Subsequent convictions, particularly within five years of a previous conviction, may bring on more severe legal penalties, including longer jail sentences, higher fines, and longer periods of license suspension or revocation.

Aggravating circumstances can also add to the penalties for a DWAI conviction. If personal or property damage takes place while driving ability-impaired, you may also face additional penalties in association with your DWAI charge.

Contact a Long Island DWI Lawyer

Because driving while impaired is such a serious legal matter that can have severe consequences, you need an experienced Long Island criminal defense attorney if you’ve been charged with DWI or DWAI in Suffolk County or Nassau County, New York. Your attorney can review your case, discuss your defense strategy, and provide options to ensure that you are treated fairly by the justice system. Call to speak with top Long Island DWI Attorney Jason Bassett today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-a-dwai/ What is a DWAI?

source https://jbassettlaw.com/what-is-a-dwai/

What Can a Suffolk County DWI Defense Attorney Do For You?

In New York, a DWI is a serious criminal charge that can have a long-term impact on your future and can result in fines, increased insurance premiums, and even jail time. Having the advice and guidance of a New York DWI lawyer can lessen the impact of your charges and may even keep you out of jail. Before you make any decisions, it is important to speak with an experienced Suffolk County DWI defense attorney.

What is at Risk After a New York DWI Charge?

If you have been charged with a DWI or DWAI, you may face many consequences depending on the situation and your conviction history. These include fines, suspensions, revocations, and even jail. Even if your blood alcohol level was .05%, you could still be facing severe consequences. Having a criminal conviction also follows you throughout life, affecting employment, career options, and even housing.

Being charged with a DWI in New York does not mean that you will be convicted. The state must prove the charges against you. Having an experienced criminal defense attorney representing your legal interests may get your charges minimized or even dropped altogether.

Understanding Your Charges and Consequences

In New York, driving while intoxicated, or DWI is commonly called DUI in other areas. There are different DWI charges that may be brought depending on the factors surrounding your arrest, the level of your blood alcohol concentration, whether you had a combination of drugs and alcohol in your system, your age, and whether you cooperated with a sobriety test.

Factors That Your DWI Lawyer Will Consider

DWI charges are criminal charges that should never be taken lightly. Particularly if you have been charged with aggravated DWI, felony DWI, or have previous convictions on your record, having skilled representation may get the prosecution to regard you more favorably and lead to a possible plea bargain.

Every DWI case is unique and will be dependent upon the charges, the facts surrounding your arrest, and your history. Your charges may be minimized or dismissed depending on if the arresting officer had probable cause.

How cooperative were you at the time of the arrest? Was there a possible error in the field sobriety test? Were there witnesses who can attest that you were not intoxicated? Are you qualified for an impaired driver program? These may all be factors that our lawyer will consider when representing your case.

New York DWI Cases: Plea Bargaining

Plea bargaining refers to the process by which the prosecution and defense teams try and reach an agreement on the outcome of a criminal case without the need for a trial. Because each case is unique and there are no set rules, plea bargains do not have a standard arrangement. The defendant may agree to plead guilty to the charges and will waive his right to trial in a plea agreement. In return, the prosecution will reduce or dismiss some of the charges, recommend a shorter sentence, or any combination thereof. After that, the court will approve the plea agreement.

New York’s District Attorneys must ensure that prosecutors follow all applicable laws and policies to limit plea bargaining. New York drunk driving law places a restriction on the ability of the prosecution to reduce a DWI case to Driving While Ability Impaired (DWAI). However, prosecutors still have the right to use their discretion if there are good reasons that a DWI/DWAI is unjustified. If the court agrees, the deal will be approved.

Individual circumstances will have their own advantages in plea bargains. For DWI cases, there are many possible punishments and probation options that vary widely. A lot of people find relief in having some control over how and when the case will be resolved. Plea agreements eliminate the risk and cost of trial. The defendant is expected to make the final decision only after having discussed the matter thoroughly with their attorney. 

Having an experienced criminal defense lawyer give you legal advice about plea bargains may be able to help you understand your rights and protect your freedom. Criminal attorney Jason Bassett may be able to provide the legal assistance you need for your DWI charges. Contact us today to schedule a consultation.

DWI defense attorney in Suffolk County

Do You Qualify for Programs on Long Island?

If this was a first DWI arrest, you may qualify to participate in an Impaired Driver Program designed to raise awareness about drunk driving to prevent future consequences. Those who qualify can get a conditional license with a full license restored after the successful completion of the program.

Get the Advice of an Experienced Suffolk County DWI Attorney

If you have been charged with a DWI in New York, you may have several legal defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation to get the advice you need after a DWI charge in Suffolk County, or anywhere on Long Island, NY. Call us at (631) 259-6060

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-can-suffolk-county-dwi-defense-attorney-do-for-you/ What Can a Suffolk County DWI Defense Attorney Do For You?

source https://jbassettlaw.com/what-can-suffolk-county-dwi-defense-attorney-do-for-you/

What Does The Prosecutor Do?

Facing criminal charges in New York is a serious matter where the stakes are incredibly high. In the courtroom, the government’s representative is a prosecutor. With the power to decide what to charge and what pleas to offer, it can seem like the prosecutor holds a criminal defendant’s very life in their hands. If convicted, a defendant can end up serving a jail term, having to submit to probation or parole supervision, paying heavy fines, and suffering many other personal costs. Simply put, while a prosecutor’s job is supposed to be seeking justice, all too often overzealous prosecutors are only interested in getting a conviction and attempting to get the maximum sentence.

So what does the prosecutor do and how can an experienced criminal lawyer help a person facing criminal charges?

What exactly is a Prosecutor?

A prosecutor is an attorney who represents the government throughout the criminal justice process, including arraignment, hearings, trials, and appeals.

There are local, state, and federal prosecutors in the United States. In New York, local prosecutors work in District Attorney’s Offices while at the state level cases are prosecuted by the N.Y.S. Attorney General’s Office. At the federal level prosecutors work in one of several U.S. Attorney’s Offices, which are part of the U.S. Department of Justice.

Most prosecutor’s offices have specialized bureaus focused on specific areas, such as narcotics, homicide, sex crime, gangs, white-collar crime, domestic violence, etc.

Criminal lawyer on Long Island

What Is The Role Of The Prosecutor?

According to the American Bar Association, a prosecutor “should act with diligence and promptness to investigate, litigate, and dispose of criminal charges, consistent with the interests of justice and with due regard for fairness, accuracy, and rights of the defendant, victims, and witnesses.”

In New York, a prosecutor’s authority includes the following:

• reviewing the charges for which a defendant was arrested and determining whether to go forward on those charges;
• deciding whether to charge an individual with new (often more serious) criminal offenses;
• seeking to have a criminal defendant held on bail while charges are pending;
• applying for search warrants and wiretaps in order to obtain evidence of criminal wrong-doing;
• conducting all pre-trial hearings and trials on behalf of the government; and,
• making sentencing recommendations for all convicted defendants.

The prosecutor also has the power to offer plea bargains, which can mean a defendant is allowed to plead guilty to a less serious offense and face lesser penalties.

All these powers are given to the prosecutor to help ensure that “the justice is done”, and if a prosecutor does their job properly justice should prevail. However, time and time again we have seen examples of prosecutorial misconduct (which can include withholding evidence) and prosecutorial overreaching resulting in defendants being overcharged and facing excessive criminal penalties.

Different types of Prosecutors

There are different types of prosecutors for different levels of government. These prosecutors also prosecute different types of crimes in the country. 

• U.S Attorneys – U.S. attorneys are prosecutors at the federal level. Each federal district of the United States has a U.S. attorney. U.S. attorneys are appointed by the president to serve mainly as administrators. The U.S. attorney general acts as the chief law enforcement officer and head of the Department of Justice. The U.S. attorney general also oversees U.S. attorneys. 
• District Attorneys  – District attorneys (D.A.) are tasked to bring criminals to justice. They are also responsible for enforcing criminal laws on the state, county, and municipal levels of government. District attorneys answer to no one and they prosecute the bulk of criminal cases in the country. In urban areas, the city district attorney is considered the highest law enforcement officer, while in rural areas the highest law enforcement official in rural areas is the county attorney.

• Independent counsels – Independent counsels prosecute cases involving high-ranking government officials. They investigate everything, from the use of cocaine by White House senior aides to allegations of perjury by the President and many others. An independent counsel’s purpose is to ensure public trust in the impartiality and integrity of all criminal investigations into top federal officials.

What Makes A Former Prosecutor An Excellent Criminal Lawyer?

Because of such great power of the prosecutor’s office, an individual charged with a crime might feel like the whole legal system is stacked against them. But a defendant has important legal rights. It is a criminal lawyer’s job to defend those rights throughout every stage of the criminal justice system, including in court during any legal proceedings. Because they know how prosecutors think and act, no one makes a better criminal defense lawyer than a former prosecutor.

As a former prosecutor with more than 20 years of criminal law experience, Jason Bassett understands both sides of the courtroom and how to put that knowledge toward getting his clients the best possible outcomes.

When facing criminal charges, work with Mr. Bassett, a Top Rated New York criminal defense lawyer from the Law Offices of Jason Bassett. Don’t wait, contact us now at (631) 259-6060.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-does-the-prosecutor-do/ What Does The Prosecutor Do?

source https://jbassettlaw.com/what-does-the-prosecutor-do/

Can a DWI Be Reduced in NY?

Getting charged with a DWI in New York is a serious offense. But there may be some circumstances that may allow charges against you to be reduced to a DWAI. This is when it is critical to have an experienced New York DWI defense lawyer on your side.

DWI Vs. DWAI — What Is the Difference?

A DWI, or Driving While Intoxicated charge, is a misdemeanor that means that you are accused of driving at or over the legal blood alcohol content limit of 0.08%. A DWAI, or driving while ability impaired, is an infraction (and thus not a crime) where a driver is still accused of being impaired but to a lesser extent.

A DWI, as a misdemeanor, is a criminal charge, whereas a DWAI, a traffic infraction, will not have the same legal consequences as a DWI. Although there may still be fines and license suspensions associated with a DWAI, they are significantly less than a DWI.

How Can a DWI Lawyer Help With My DWI Charge?

Your lawyer will investigate every avenue to reduce your DWI charges. Although it can be difficult work, a skilled attorney will help you to make the most of your resources. An experienced Long Island DWI defense lawyer will examine the evidence against you and determine the best way to fight it in a court of law. For instance, a defense lawyer may challenge the results of breathalyzer or blood tests. Or, on the other hand, they may also challenge the testimony of an arresting officer in court.

DWI charges are taken seriously by New York State law enforcement officers. A conviction for DWI can lead to a one-year sentence in jail, up to $1,000 in fines, a suspension of your driver’s license for six months, or other more serious consequences. 

Even though it may seem that any lawyer could defend you against a DWI charge, it is important to work with an attorney who understands the law and knows the court system Seeking the legal advice of an experienced criminal defense lawyer with an extensive track record of success in handling DWI cases can raise your chances of protecting your freedom. If you are looking for a criminal defense attorney in Nassau County Long Island or Suffolk County Long Island, call (631) 259-6060 for a free consultation with experienced DWI attorney Jason Bassett.

How You May Have Your DWI Reduced to a DWAI in a Plea Deal

Although getting DWI charges dropped is not always possible, sometimes a DWI can be reduced to a DWAI if a plea bargain can be worked out with the prosecution. This is more likely to happen if there are no other aggravating factors surrounding your case. Particularly if you are a first-time offender with fairly low reading and no automobile accident, you have a better chance of getting your DWI charges reduced.

Having the representation of an experienced DWI lawyer can help you potentially negotiate for a lighter penalty through a plea deal. A plea deal is basically where you will agree to plead guilty to a lesser charge to get the more severe one dropped. This is often done when neither side wants to take the matter to trial.

But this can work both ways. Charges may be reduced in some cases, but they can also be elevated to a felony in other cases. A charge may be elevated if you have had prior DWI convictions or there were other aggravating factors surrounding your arrest.

Prosecutors often have latitude when considering a reduction or elevation of charges. In these instances, it’s essential to have the representation of a DWI defense lawyer who is experienced in the county where you have been charged. A lawyer who has experience defending individuals in that county will know the prosecutors and judges and will be better able to negotiate a plea deal understanding the personalities and inclinations of the others involved.

The Strength of Your Defense

It is important to remember that an arrest is not the same thing as a conviction. A conviction will be dependent on the available evidence and the strength of your defense. This is why it is crucial to have a skilled and experienced Suffolk County criminal defense lawyer defending you if you have been charged with a DWI. You may have several defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/ Can a DWI Be Reduced in NY?

source https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/