Criminal Traffic Offenses

Is a DWI threatening your freedoms?

There are 2 tiers of DWI, as it is known in New York state. The higher is the misdemeanor, leaving the client with a criminal record which may result in imprisonment of up to one year, and a revocation of driving privileges. [Keep in mind that driving, unlike freedom of the press or freedom to assemble, is not a right, but merely a privilege.]

In addition, a DWI conviction can limit your options of obtaining security clearances, employment, and even co-op board approval. The lower tier, driving while ability impaired, or DWAI, is a violation, not a crime. However, your license will still be revoked, and you may not qualify for a restricted license, based on the circumstances of your arrest. This will leave you to rely on mass transit.

LOJM warns that a DWAI is nothing to be complacent about; You can still be sent to jail for up to 30 days, depending on the circumstances of the arrest.

This is why you must consult with an experienced law firm like LOJM.

LOJM would advise you that If you suffer 2 alcohol- or drug-related driving convictions or incidents, within the Commissioner of DMV's new 25 year "look back period," you may be subject to a denial of your request to reapply for your driving privileges. In other words, you could be suspended for LIFE. This has been upheld on appeal.

LOJM has observed the bizarre sight of surprised defendants, who have been freshly convicted of a 3d alcohol- or drug-related driving conviction, beg the court to serve time in jail, in exchange for being allowed to drive upon completion of their sentence.