Legal Questions Answered: A Criminal Lawyer's FAQ Page - Law Office Of Gina M Wicik

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What is the difference between an improper cell phone use ticket and an electronic device ticket in New York?

While both tickets carry five points if convicted they are quite different. Improper cell phone use means that you were actively engaged in a telephone call on a cell phone while your vehicle was turned on and in motion. An electronic device ticket can range from anything from a cell phone, to an ipad to an electric razor. It can be anything electronic. Most commonly, electronic device tickets are issued if the officer believes you were texting or manipulating your cell phone or GPS.

Can I be arrested for Driving without a license?

In short, yes. If you drive a vehicle you must have a valid license. An expired license does not constitute a valid license. If you are pulled over and the officer runs your license and find out it is expired or suspended or you simply do not have a license, he can issue you a summons or he has the ability and authority to arrest you for a misdemeanor in the State of New York. It is imperative that if you’re on the road you are licensed, registered and insured.

What is the NYS Driver Responsibility Assessment Fee?

The assessment fees for drivers involved in non-DWI traffic violations trigger when there is an accumulation of six points on your driving record within 18 months in which you will incur a $300 assessment. The amount goes up $75 for each additional point over six. This fee can be paid right away or over the course of three years, however, if you do not pay it, your license will be suspended.

Can I get a conditional license in New York if I am charged with a DWI?

In most circumstances, New York does allow you to obtain a conditional license after a first time DWI conviction as long as there is not a refusal. A conditional license grants you limited driving privileges.

What is aggravated DWI in New York?

If you blow above a .18% you could be charged with aggravated DWI, which carries much harsher penalties than a DWI.


What if I miss my court date for my traffic ticket?

If you miss your court date, it could lead to a license suspension and in some cases a bench warrant may even be issued.


What should I do during a DWI stop?

You should always comply with handing the officer your identifying information. Politely decline a search of your vehicle, and decline to answer any questions without a lawyer present. You may decide to refuse field sobriety testing. The results may serve to weaken your case. If you refuse chemical testing, you may request blood test instead.

What is a DWI in New York State?

A DWI in New York State stands for “Driving While Intoxicated” and is a serious criminal offense resulting from driving a motor vehicle while under the influence of drugs or alcohol.

What is the legal blood-alcohol level for driving in New York State?

The legal blood-alcohol level for driving in New York State is 0.08%.

Can I refuse a breathalyzer test in New York State?

Yes, you can refuse a breathalyzer test in New York State, but doing so can result in an automatic license suspension and other penalties.

What happens if I am convicted of a DWI in New York State?

If you are convicted of a DWI in New York State, you may face fines, jail time, community service, and license revocation.

Can I get a DWI if I am under the influence of drugs?

Yes, you can get a DWI in New York State if you are under the influence of drugs, including prescription drugs.

How can I defend myself against a DWI charge in New York State?

There are various defenses against a DWI charge in New York State, such as arguing that the breathalyzer results were inaccurate or challenging the legality of the traffic stop.

Can I get a reduced sentence for a DWI in New York State?

Can I get a reduced sentence for a DWI in New York State?

How long will a DWI conviction stay on my record in New York State?

A DWI conviction will stay on your record in New York State for ten years.

Can I still get a DWI if I’m not driving?

Yes, you can still get a DWI in New York State if you are operating a motor vehicle while intoxicated, even if you are not actually driving.

Do I need a lawyer for a DWI charge in New York State?

It is highly recommended to have a lawyer represent you for a DWI charge in New York State, as they can help you understand the legal process, advise you on potential defenses, and potentially reduce penalties or dismiss charges.

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