We Handle All DWI/DWAI Driving While Intoxicated and Impaired by Drugs Charges
Our office has many years of experience handling all DWI and DWAI matters, including:
- Driving while intoxicated (by alcohol and/or drugs)
- DWI – both felony and misdemeanor
- Driving while impaired by drugs
- Department of Motor Vehicle DWI refusal hearings
- DWI hardship hearings
- Driving with a revoked or suspended license
Other Traffic Matters
We also have extensive experience handling all driving and traffic-related matters, including:
- Complex:
- Vehicular Manslaughter
- Leandra’s Law
- Aggravated DWI
- Reckless Endangerment
- Criminally Negligent Homicide
- Reckless Driving
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Simple:
- Traffic Violations
Although most people may consider traffic offenses minor, convictions for speeding and other moving violations can have long reaching, and sometimes serious consequences including the suspension and/or revocation of your driver’s license (not to mention the increased cost of insurance). Such a result, in some circumstances, could greatly impact an individual’s ability to remain employed. it is strongly recommended that you seek the advice of counsel regarding all traffic infractions. We aim to make your life easy and in most cases we can handle your tickets without your personal appearance in court, saving you time, aggravation and money.
The New York Point System
New York’s point system is designed to identify drivers who commit multiple traffic violations within a short period of time–typically eighteen months–which may be enough for the DMV to suspend or revoke your license. While multiple offenses can result in the DMV suspending or revoking your license, all it takes is one or two tickets for the department to fine you a hefty annual “driver responsibility fee” of at least $100 for three years.
New York DMV Point System
- Speeding (1-10 MPH over posted limit): 3 points
- Speeding (11-20 MPH over posted limit): 4 points
- Speeding (21-30 MPH over posted limit): 6 points
- Speeding (31-40 MPH over posted limit): 8 points
- Speeding (more than 40 MPH over posted limit): 11 points
- Reckless driving: 5 points
- Failing to stop for a school bus: 5 points
- Following too closely (tailgating): 4 points
- Inadequate brakes: 4 points
- Inadequate brakes while driving an employer’s vehicle: 2 points
- Failing to yield right-of-way: 3 points
- Violation involving a traffic signal, stop sign, or yield sign: 3 points
- Railroad-crossing violation: 3 points
- Improper passing, unsafe lane change, driving left of center, or driving in wrong direction: 3 points
- Leaving the scene of an incident involving property damage or injury to a domestic animal: 3 points
- Safety restraint violation involving a person under 16: 3 points
- Texting while driving: 5 points
- Any other moving violation: 2 points
The point system is not the only way to lose your license. There are other mandatory suspension and revocations by DMV outside the point classification system. For example, your license will be suspended for three speeding convictions within 18 months even if your point total is less than11. Obviously, more serious offenses such as in driving while under the influence of alcohol or drugs carry more serious consequences, starting with a 90-day or six-month license suspension, depending on the offense and significant fines amongst other potential penalties including jail.
While the traffic convictions on your record for at least three years, points are automatically removed 18 months after being convicted of an offense.
You may also be eligible for a point reduction course– by completing an accident-prevention course approved by the DMV–and removing up to four points from your record.
Other Driving and Traffic Related Considerations
Insurance Consequences
The DMV isn’t the only organization to worry about when you are convicted of a traffic infraction. Not only will you have to pay outrageously high court fines and DMV assessment fees for moving violations, but insurance companies have their own independent point systems which may increase your insurance premiums. Before you plead guilty to any traffic infractions, consult our office first. Insurers check your record when they renew your policy, and often, all it takes, is one moving violation to increase your premiums. If an insurer concludes that your driving habits put you at greater odds of becoming involved in an accident they may cancel your policy outright.
Suspension and Revocation
If a driver acquires 11 points for traffic convictions in an 18-month period, the New York DMV may suspend or revoke your license for (usually) 31 days. Points are assessed according to the date of the offense, not the date of the conviction.
Reinstating your Driver Privileges
Call us for assistance to reinstate your driving privileges. You can expect to pay $50 to terminate a suspension enacted on or after July 6, 2009 (or $100 for suspensions due to violating the Zero Tolerance Law). You must also pay $100 to terminate a revocation enacted on or after July 6, 2009. To terminate a suspension due to non-payment of a traffic ticket, you must pay pay $70.
Driver Responsibility Program
In New York, even after paying penalties, fines, and fees for the violations themselves, plus reinstatement fees to get your license back, you may be subject to a “driver responsibility assessment”―a fine paid once a year for three years to the DMV. You only need to accumulate six points in an 18-month period to be subjected to this assessment, and the costs are significant: $100 a year for six points plus $25 a year for each additional point, for three years. Alcohol- or drug-related traffic violations cost $250 a year for three years.
The Kids
It is important to speak to your children when they start to drive. Often they are so concerned that mom and dad might get upset that they were ticketed they just pay the tickets unaware of the results. The most common source of dramatic premium increases come about when your children start driving and the traffic infractions follow.