Scales of Justice

Scales of Justice

 

Glenn W. Magnell

Attorney at Law

Criminal Defense - DWI - DUI - Traffic Law

162 Main Street, Goshen  NY  10924  &  151 Continental Rd., Cornwall, NY 12518

  Phone: 845-294-0585      Email: gmagnell@stormkinglaw.com

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Orange County, NY, Dutchess County, NY, Putnam County, NY, Ulster County, NY, Rockland County, NY, Cornwall, NY, Newburgh, NY

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Alcohol and drug related driving offenses  DWI Consultation Form

On average, almost 90,000 DWI related arrests are made in New York State every year!  They can happen to almost anyone and can result in serious fines, dramatically increased insurance rates, loss of driving privileges and, sometimes, even jail or prison sentences.  They are offenses that prosecutors and courts take very seriously and anyone charged with a DWI offense needs to be sure that they are represented by an attorney that understands one of the most intricate and complicated areas of criminal defense practice.

Defending people charged with alcohol related offenses is a very specific area of criminal law.  Effective defense of DWI 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, an attorney that 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.

In New York State there are a variety of possible alcohol related vehicle offenses.  Which offense is charged is determined by the "Blood Alcohol Content" (BAC) of the person arrested and whether or not they have had previous convictions for alcohol related motor vehicle offenses.  In cases where a party, other than the intoxicated driver, is injured or killed very serious criminal charges may be filed, including reckless murder.

DWAI (Driving While Ability Impaired)

The lowest level of alcohol related motor vehicle offense is Driving While Ability Impaired (DWAI).  Unlike virtually all other New York State alcohol related vehicle offenses, it is not a criminal offense (misdemeanor or felony).  Instead, it is a "violation" somewhat like a speeding ticket...like a very, very serious speeding ticket.  To convict someone of DWAI the state must prove, beyond a reasonable doubt, that a person operated a motor vehicle while their ability to safely and lawfully operate that vehicle was impaired by having consumed alcohol.  A first time conviction can result in a fine of up to $500, a jail sentence of up to 15 days and will result in a 90 day suspension of a driver's license.  A second conviction for DWAI within 5 years of another alcohol related vehicle offense dramatically increases all of those penalties.  In addition, a conviction for DWAI will almost certainly lead to a substantial increase in  auto liability and collision insurance rates.

DWAI is often a charge that a person arrested for DWI will end up pleading guilty to as a result of a "plea bargain".  Since it is not classified as a "crime" and has relatively small penalties, attorneys will often seek to convince district attorneys to agree to drop a DWI charge in return for a plea of guilty to DWAI.  The likelihood that an attorney can, eventually, obtain such an agreement is often based on what kind of alcohol related driving record a defendant has.  Also, in many counties the District Attorney's office will have a "policy" of not plea bargaining a DWI charge down to a DWAI charge if the blood alcohol level was above a set percentage (ex. no plea down to DWAI if B.A.C. was above .14%).  However, there is no consistency from one county to another at to what percentage B.A.C. is "too high" to negotiate a deal down to DWAI.

DWI-Driving While Intoxicated (Misdemeanor)

In New York State there are two different drinking and driving offenses that are misdemeanors (a lesser "crime").  They are known as "per se" Driving While Intoxicated (DWI) and "common law"  DWI.  Both offenses are spelled out in Vehicle and Traffic Law Sec. 1192.2 and 1192.3.  Per se DWI is charged when a motor vehicle is operated by a person whom a chemical test of breath, blood or urine shows the driver had a blood alcohol content (BAC) equal to or higher than .08%.  The important aspect to understand about a "per se" DWI charge is that to convict a person a prosecutor doesn't have to show that the person acted intoxicated or showed signs that his/her ability to drive was impaired.  All that has to be proved is that the blood alcohol level was at .08% or more and that person was operating a motor vehicle.  However, that doesn't mean that the conduct of the driver is irrelevant.  In order to arrest someone and obtain a BAC sample of breath, urine or blood the police officer must have "probable cause" to believe that person is intoxicated.  That "probable cause" is typically developed by observing the driver on the road and after stopping the driver, as well as, on the basis of what are known as "Field Sobriety Tests".  In contrast, "common law" DWI is all about the conduct of the person charged with the offense.  It is based upon observations of a police officer and/or other witnesses who claim that the behavior and demeanor of the driver, along with the "Field Sobriety Tests" prove the driver was intoxicated.

A conviction on either a "per se" or "common law"  DWI can result in a punishment of up to 12 months in jail, a fine of up to $1000 and the suspension of your drivers license for 6 months.  A second DWI conviction within 10 years can dramatically increase the penalties.  In some cases subsequent convictions can elevate the offense to a felony charge (the most serious type of crime) and involve very substantial prison time and fines.

As of August 15, 2010 a new law in NYS has taken effect that imposes the mandatory installation an alcohol ignition interlock device (IID) on any vehicles a driver convicted of misdemeanor DWI owns or operates.  The minimum period of imposition of an IID is 6 months.  The person convicted of DWI is responsible for the cost of installation and monitoring.  In most NYS counties the monitoring and supervision of IID's is done by the county probation department.

Misdemeanor DWI is the most common form of intoxication offense charged in New York State.

Aggravated Driving While Intoxicated (ADWI)

A new misdemeanor intoxication offense in New York was added in the summer of 2006.  It is called Aggravated Driving While Intoxicated (ADWI).  This offense is charged when a blood alcohol reading of .18% or greater is determined by a chemical test.  If convicted of ADWI the possible penalties are much greater than a conviction for either "per se" or "common law" DWI (this includes fines, possible jail time and length of driving license suspensions/revocations). 

Driving While Ability Impaired-Drugs (DWAI-D)

Operating a motor vehicle while the ability to operate it safely has been "impaired by drugs" is an equivalent offense to DWI.  It can be charged as either a misdemeanor or a felony and subjects the person charged with similar criminal penalties and NYS DMV license suspensions/revocations.  A previous conviction (within past 10 years) for either DWI or DWAI-Drugs is the predicate for charging DWAI-Drugs as a felony.  A person can be charged with DWAI-Drugs from the use of either a "controlled substance (i.e. illegal drug) or even a lawfully prescribed prescription drug.  Probable cause for arrest is usually based upon the same Standardized Field Sobriety Tests used in DWI arrests.  However, unlike DWI a "breath test" is not used to determine the level of intoxication.  Rather, blood or urine tests are used to detect the presence of drugs.  These tests can determine if drugs have been consumed in the recent past.  However, they often cannot be used to determine whether someone was or was not intoxicated by drugs at the time they were driving (or arrested).  Very often DWAI-Drugs is charged in conjunction with other criminal charges such as "Criminal Possession of a Controlled Substance" if the police also found drugs on the person or in the car of the individual arrested.

Chemical Tests and Test Refusals

Almost all DWI arrests involve the police requesting that the suspected intoxicated driver agree to provide a sample of their breath, blood or urine for chemical testing.  Under NYS Vehicle and Traffic Law a refusal by a driver to provide such a sample will result in a revocation of their driver's license or driving privilege in NYS for one year.  A second refusal within 10 years of a previous refusal dramatically increases the revocation period.  The chemical tests that invoke these harsh sanctions must be given by an officer who has been trained to give them (in the case of breath tests) and has been certified by the NYS Department of Health to give such tests.  If a blood test is requested the blood must be drawn by a nurse, physician or other person trained and certified to draw blood.  The actual testing of the blood or urine must be done in a certified laboratory (usually operated by a law enforcement agency).  Chemical breath tests are admissible in court if the operator is properly trained and certified, if the follow a very precise procedure and the test equipment has been properly maintained and calibrated.  The chemical breath test is almost always given at a police station.  Sometimes police officers will use a hand held breathalyzer at the scene of an arrest.  These machines are not considered accurate enough to provide reliable evidence of the degree of intoxication for use in court.  However, they can be used to as "probable cause" to arrest someone.  A refusal to take a field breath test does not invoke the revocation a driver's license that a refusal to take a chemical breath test at a police station does.  Refusal to take a field breath test is simply a minor traffic violation.

DWI-Driving While Intoxicated (Felony)

A person convicted of DWI is subject to being charged with DWI as a Felony if their second DWI arrest occurs within 10 years of the date of their first conviction for DWI.  Under NYS penal law there are two types of criminal offenses: misdemeanors and felonies.  Misdemeanors are a less serious category of criminal offense which can be punished by up to one year in jail (county or city jail).  Felonies are more serious offenses that are punishable by one year or more in state prison.  Felony DWI is an "E-Felony."  This is the lowest category of offenses that are considered felonies.  In order for a felony to be prosecuted an indictment must be issued by a Grand Jury which has heard the evidence and has, by majority vote, determined that a felonious offense probably was committed by the person indicted.  A misdemeanor can be prosecuted simply on the basis of a document (called an "information") filed by the District Attorney's office.

As of 2010 a new form of FELONY DWI has been added involving DWI with a minor under 16 years old in the vehicle while DWI.  This law is known as "Leandra's Law" and escalates the possible consequences of a first time DWI conviction to include a state prison sentence of 1 year or more, revocation of your driver's license, fines up to $5000 and probation for up to 5 years.  District Attorney offices in NYS have been aggressively enforcing this law and, generally, will not offer to reduce the offense to a non-felony offense.

Frequently asked DWI questions (click here)

Other DWI Related Crimes

  DWI-Driving While Intoxicated (Felony)

    Vehicular Assault (1st and 2nd degree)

    Vehicular Manslaughter (1st and 2nd degree)


Hudson Valley- Counties Served                    HV Ticket Hotspots

         Orange County, Putnam County, Dutchess County, Ulster County, Rockland County

Hudson Valley Communities Served

Orange County,  NY

Blooming Grove, Town of Blooming Grove, Bullville, Campbell Hall, Central Valley, Town of Chester, Village of Chester, Chester,  Town of Cornwall, Cornwall on Hudson, Cornwall, Town of Crawford, Crawford, Village of Florida, Florida, Fort Montgomery, Town of Goshen, Village of Goshen, Goshen, Town of Greenville, Greenville, Greenwood Lake, Town of Hamptonburgh, Hamptonburgh, Village of Harriman, Harriman, Town of Highlands, Highlands, Highland Falls, Highland Mills, Village of Maybrook, Maybrook,  City of Middletown, Middletown, Town of Minisink, Minisink, Town of Monroe, Village of Monroe, Monroe, Town of Montgomery, Village of Montgomery,  Montgomery, Town of New Windsor, New Windsor, City of Newburgh, Town of Newburgh, Newburgh, Otisville, Port Jervis, City of Port Jervis, Salisbury Mills, Slate Hill, Town of Tuxedo, Village of Tuxedo, Tuxedo Park, Tuxedo, Unionville, United States Military Academy, Vails Gate, Walden, Town of Wallkill, Wallkill, Town of Warwick, Village of Warwick,  Warwick, Washingtonville, Town of Wawayanda, Wawayanda, West Point, Westtown, Town of Woodbury, Village of Woodbury, Woodbury.  

Orange County, NY - Courts Served:

Blooming Grove Town Court, Chester Town Court, Chester Village Court,lCornwall Town Court, Crawford Town Court, Deerpark Town Court, Florida Village Court, Goshen Town Court, Goshen Village Court, Greenville Town Court, Greenwood Lake Village Court, Hamptonburgh Town Court, Harriman Village Court, Highlands Town Court, Maybrook Village Court, Middletown City Court, Minisink Town Court, Monroe Town Court, Monroe Village Court, Montgomery Town Court, Montgomery Village Court, Mount Hope Town Court, New Windsor Town Court, Newburgh City Court, Newburgh Town Court, Orange County Court, Otisville Village Court, Port Jervis City Court, Tuxedo Town Court, Unionville Village Court, Walden Village Court, Wallkill Town Court, Warwick Town Court, Warwick Village Court, Washington Village Court, Wawayanda Town Court, Woodbury Town Court. (for Orange County address/phone number directory, click here).

Ulster County,  NY

Accord, Bearsville, Big Indian, Bloomington, Boiceville, Cherrytown, Chichester, Clintondale, Connelly, Cottekill, Cragsmoor, Eddyville, Ellenville, Esopus, Gardiner, Glasco, Glenford, Grahamsville, Greenfield Park, High Falls, Highland, Highmount, Hurley, Kerhonkson, Kingston, Krumville, Lake Hill, Lake Katrine, Leibhardt, Lyonsville, Malden, Malden Hudson, Malden on Hudson, Marlboro, Marlborough, Mettacahonts, Milton, Mldn on Hdsn, Modena, Mount Marion, Mount Merion Park, Mount Tremper, Napanoch, New Paltz, Olive, Olivebridge, Oliverea, Phoenicia, Pine Hill, Plattekill, Port Ewen, Rifton, Rosendale, Ruby, Saint Remy, Samsonville, Saugerties, Shady, Shandaken, Shokan, Spring Glen, Stone Ridge, Sundown, The Vly, Tillson, Ulster Park, Walker Valley, Wallkill, Wawarsing, West Camp, West Hurley, West Park, West Saugerties, West Shokan, Whitfield, Willow, Woodstock, Town of Denning, Village of Ellenville, Town of Esopus, Town of Gardiner, Town of Hardenburgh, Town of Hurley, Town of Kingston, Town of Lloyd, Town of Marbletown, Town of Marlborough, Town of New Paltz, Town of Olive, Town of Plattekill, Town of Rochester, Town of Rosendale, Town of Saugerties, Town of Shandaken, Town of Shawangunk, Town of Ulster, Town of Warwarsing, Town of Woodstock
 

Ulster County, NY - Courts Served:

Denning Town Court, Ellenville Village Court, Esopus Town Court, Gardiner Town Court, Hardenburgh Town Court, Hurley Town Court, Kingston City Court, Kingston Town Court, Lloyd Town Court, Marbletown Town Court, Marlborough Town Court, New Paltz Town Court, New Paltz Village Court, Olive Town Court, Plattekill Town Court, Rochester Town Court, Rosendale Town Court, Saugerties Town Court, Saugerties Village Court, Shandaken Town Court, Shawangunk Town Court, Ulster County Court, Ulster Town Court, Villain Village Court, Wawarsing Town Court, Woodstock Town Court. (for Ulster County address/phone number directory,click here).

Sullivan County,  NY

Barryville, Bethel, Bloomingburg, Burlingham, Callicoon, Callicoon Center, Claryville, Cochecton, Cochecton Center, Eldred, Fallsburg, Ferndale, Forestburg, Forestburgh, Fremont, Fremont Center, Glen Spey, Glen Wild, Grahamsville, Hankins, Harris, Highland Lake, Hortonville, Hurleyville, Jeffersonville, Kauneonga Lake, Kenoza Lake, Kiamesha Lake, Lake Huntington, Lew Beach, Liberty, Livingston Manor, Loch Sheldrake, Long Eddy, Mongaup Valley, Monticello, Mountain Dale, Mountaindale, Narrowsburg, Neversink, North Branch, Obernburg, Parksville, Phillipsport, Pond Eddy, Port Jervis, Rock Hill, Roscoe, Smallwood, South Fallsburg, Summitville, Swan Lake, Thompsonville, Westbrookville, White Lake, White Sulphur Springs, Woodbourne, Woodridge, Wurtsboro, Youngsville, Yulan, Town of Bethel, Town of Callicoon, Town of Cochecton, Town of Delaware, Town of Fallsburgh, Town of Freemont, Town of Highland, Town of Liberty, Town of Lumberland, Town of Mamakating, Town of Rockland, Town of Neversink, Town of Thompson, Town of Tusten.

Sullivan County, NY - Courts Served:

Bethel Town Court, Bloomingburg Village Court, Callicoon Town Court, Cochecton Town Court, Delaware Town Court, Fallsburg Town Court, Forestburgh Town Court, Fremont Town Court, Highland Town Court, Liberty Town Court, Liberty Village Court, Lumberland Town Court, Mamakating Town Court, Monticello Village Court, Neversink Town Court, Rockland Town Court, Sullivan County Court, Thompson Town Court, Tusten Town Court, Woodridge Village Court.  (for Sullivan County address/phone number directory, click here).

Putnam County,  NY

Adams Corners, Brewster, Carmel, Cold Spring, Crofts Corners, Garrison, Kent Cliffs, Lake Carmel, Lake Lincolndale, Lake Mahopac, Lake Peekskill, Lake Secor, Mahopac, Mahopac Falls, Manitou, Nelsonville, North Highland, Oscawana Lake, Patterson, Philipstown, Putnam Valley, Sears Corners, Southeast, Tompkins Corners, Town of Kent Lakes, Town of Southeast, Town of Patterson, Town of Philipstown, Town of Carmel, Town of Putnam Lakes.

Putnam County, NY - Courts Served:

Brewster Village Court, Carmel Town Court, Cold Spring Village Court, Kent Town Court, Nelsonville Village Court, Patterson Town Court, Philipstown Town Court, Putnam County Court, Putnam Valley Town Court, Southeast Town Court.  (for Putnam County address/phone number directory, click here).

Dutchess County,  NY

Amenia, Arlington, Beacon, City of Beacon, Beekman, Brinckerhoff, Clinton, Crown Heights, Dover Plains, Dover, East Fishkill, Fairview, Fishkill, Fishkill, Haviland, Hillside Lake, Hopewell Junction, Hyde Park, La Grange, Milan, Millbrook, Millerton, Myers Corner, North East, Pawling, Pawling, Pine Plains, Pleasant Valley, Poughkeepsie, Red Hook, Red Hook, Red Oaks Mill, Rhinebeck, Rhinebeck, Spackenkill, Staatsburg, Stanford, Tivoli, Union Vale, Wappinger, Wappingers Falls, Washington, Town of Amenia, Town of Beekman, Town of Clinton, Town of Dover, Town of East Fishkill, Town of Fishkill, Village of Fishkill, Town of Hyde Park, Town of LaGrange, Town of Milan, Town of Millbrook,  Town of North East, Town of Pawling, Village of Pawling, Town of Pine PLains, Town of Pleasant Valley, Town of Poughkeepsie, City of Poughkeepsie, Town of Red Hook, Village Red Hook, Town of RhineBeck, Village of Rhinebeck, Town of Stanford, Village of Tivoli, Village of Union Vale, Town of Wappinger, Willage of Wappingers Falls, Town of Washington.

Dutchess County, NY - Courts Served:

Amenia Town Court, Beacon City Court, Beekman Town Court, Clinton Town Court, Dover Town Court, Dutchess County Court, East Fishkill Town Court, Fishkill Town Court, Fishkill Village Court, Hyde Park Town Court, LaGrange Town Court, Milan Town Court, Millbrook Village Court, Millerton Village Court, North East Town Court, Pawling Town Court, Pawling Village Court, Pine Plains Town Court, Pleasant Valley Town Court, Poughkeepsie City Court, Poughkeepsie Town Court, Red Hook Town Court, Red Hook Village Court, Rhinebeck Town Court, Rhinebeck Village Court, Stanford Town Court, Tivoli Village Court, Union Vale Town Court, Wappinger Town Court, Wappingers Falls Village Court, Washington Town Court.  (for Dutchess County address/phone number directory, click here).

Rockland County,  NY

Town of Clarkstown, Town of Haverstraw, Town of Orangetown, Town of Ramapo, Town of Stony Point, Upper Nyack, Nyack, Pomona, Haverstraw, West Haverstraw, Grand View, Piermont, South Nyack, Airmont, Chestnut Ridge, Hillburn, Kaser, New Hempstead, New Square, Montibello, Sloatsburg, Spring Valley, Suffern, Wesley Hills.

Rockland County, NY - Courts Served:

Airmont Village Court, Chestnut Ridge Village Court, Clarkstown Town Court,  Grand View-On-Hudson Village Court, Haverstraw Town Court, Haverstraw Village Court, Hillburn Village Court, New Square Village Court, Nyack Village Court, Orangetown Town Court, Piermont Village Court, Ramapo Town Court, Rockland County Court, Rockland County Supreme Court - Criminal Term, Sloatsburg Village Court, South Nyack Village Court, Spring Valley Village Court, Stony Point Town Court, Suffern Village Court, Upper Nyack Village Court, Wesley Hills Village Court, West Haverstraw Village Court.  (for Rockland County address/phone number directory, click here).

Westchester County,  NY

Village of Ardsley, Town of Bedford, Town of Briarcliff, Village of Bronxville, Village of Buchanan, Town of Courtlandt, Town of Croton-On-Hudson, Village of Dobbs Ferry, Town of Eastchester, Village of Elmsford, Town of Greenburgh, Town of Harrison, Village of Hastings-on-Hudson, Village of Irvington, Village of Larchmont Village, Town of Lewisboro, Town of Mamaroneck, Village of Mamaroneck, Mount Kisco, Town of Mount Pleasant, City of Mount Vernon, Town of New Castle, City of New Rochelle, Town of North Castle, Town of North Salem, Town of Ossining, Village of Ossining, City of Peekskill, Town of Pelham, Village of Pleasantville, Village of Port Chester, Town of Pound Ridge, City of Rye, Town of Rye, Village of Scarsdale Village, Village of Sleepy Hollow, Town of Somers, Village of Tarrytown, Village of Tuckahoe, County of Westchester, City of White Plains, City of Yonkers, Town of Yorktown

Westchester County, NY - Courts Served:

Ardsley Village Court, Bedford Town Court, Briarcliff Manor Town Court, Bronxville Village Court, Buchanan Village Court, Cortlandt Town Court, Croton-On-Hudson Town Court, Dobbs Ferry Village Court, Eastchester Town Court, Elmsford Village Court, Greenburgh Town Court, Harrison Town Court, Hastings-on-Hudson Village Court, Irvington Village Court, Larchmont Village Court, Lewisboro Town Court, Mamaroneck Town Court, Mamaroneck Village Court, Mount Kisco Justice Court, Mount Pleasant Town Court, Mount Vernon City Court, New Castle Town Court, New Rochelle City Court, North Castle Town Court, North Salem Town Court, Ossining Town Court, Ossining Village Court, Peekskill City Court, Pelham Town Court, Pleasantville Village Court, Port Chester Village Court, Pound Ridge Town Court, Rye City Court, Rye Town Court, Scarsdale Village Court, Sleepy Hollow Village Court, Somers Town Court, Tarrytown Village Court, Tuckahoe Village Court, Westchester County Court, White Plains City Court, Yonkers City Court, Yorktown Town Court.  (for Westchester County address/phone number directory, click here).

Columbia County,  NY

Ancram Town Court, Austerlitz Town Court, Canaan Town Court, Chatham Town Court, Chatham Village Court, Claverack Town Court, Clermont Town Court, Columbia County Court, Copake Town Court, Gallatin Town Court, Germantown Town Court, Ghent Town Court, Greenport Town Court, Hillsdale Town Court, Hudson City Court, Kinderhook Town Court, Kinderhook Village Court, Livingston Town Court, New Lebanon Town Court, Philmont Village Court, Stockport Town Court, Stuyvesant Town Court, Taghkanic Town Court, Valatie Village Court. (for Columbia County address/phone number directory, click here).

Greene County,  NY

Ashland Town Court, Athens Town Court, Athens Village Court, Cairo Town Court, Catskill Town Court, Catskill Village Court, Coxsackie Town Court, Durham Town Court, Greene County Court, Greenville Town Court, Halcott Town Court, Hunter Town Court, Jewett Town Court, Lexington Town Court, New Baltimore Town Court, Prattsville Town Court, Tannersville Village Court, Windham Town Court.  (for Green County address/phone number directory, click here).

Highways With High Intensity  NYS State Police Activity

               NYS Thruway, I-87, I-84, Route 17, Taconic Parkway, Palisades Parkway, Route 209, Route 28, Route 6.


Contact Information (printer-friendly contact info)

If you would like a consultation or wish to arrange for representation on any Social Security matter, criminal matter, drawing up a living will, testamentary will, trust and estate planning or health care proxy, you can contact Glenn W. Magnell at either his Goshen or Cornwall offices.       

Goshen Office: 162 Main Street, Goshen, N.Y. 10924    Phone: 845-294-0585    Fax: 888-724-5470 (toll free)

Cornwall Office: 151 Continental Road, Cornwall, N.Y. 12518   Phone: 845-725-7935  Fax: 888-724-5470(toll free)

Email: gmagnell@midvalleylaw.com

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