NYC First Time DUI Lawyers
Even a single DUI conviction can have life-altering consequences. While many drivers attempt to beat other traffic tickets on their own, this is one charge that should never be taken lightly. Without the proper representation, you could face a wide variety of penalties that will affect you for years to come. Our legal team is ready to help you take care of your DUI quickly so that you can move on with your life.
DUI/DWI Laws in NYC
Many drivers do not realize that they can be charged with a DUI even if they are slightly below the legal limit. As long as the officer can prove that the driver was impaired by alcohol in any way, then a conviction might occur. For younger drivers and those who have commercial licenses, the laws regarding driving under the influence are even stricter. Drivers who are under the age of 21 cannot have any alcohol in their system while they are operating a vehicle. As for commercial drivers, an arrest can be made if they have a BAC of .04 or higher.
DUI Penalties for the First Offense
Quite a few factors are taken into consideration when determining the final penalties for a driver’s first DUI. The initial fines alone range between $500 and $1,000. Unfortunately, the court fine is just one of the many expenses a driver will most likely face. Most of those who are convicted of a DWI will have to place an ignition interlock device on their vehicle, and they will be responsible for its installation and maintenance. After your license suspension is up, you will also have to pay to have it reinstated.
The true cost of a DWI might not be felt until the individual is able to drive once again. Car insurance is often very difficult to acquire after a DUI conviction. Even drivers who are able to find a company that is willing to insure them will most likely have to pay extremely high premiums. By the end of this ordeal, a convicted driver can end up paying tens of thousands of dollars and even spend time in jail.
Keeping a DUI Off Your Record
The vast majority of drivers do not have the expertise or training to beat a DUI charge alone. Unlike minor driving infractions, these misdemeanors and felonies can result in complicated hearings and trials. These charges are especially problematic if any extenuating circumstances have occurred such as an injury or accident. Our experienced team can help you create an airtight case so that you have the best chance at having your charges reduced or dropped entirely.
Here at Raiser & Kenniff, PC, our team has helped countless drivers deal with infractions, misdemeanors, and felonies of all types. We understand just how stressful these situations can be, and that is why we are devoted to putting time and energy into your case so you can focus on what truly matters. We offer free consultations to all of our clients so that each and every one of them knows exactly what can be done about these cases before spending any money. Please feel free to call us today to schedule an appointment with one of our experienced attorneys.
Felony Reckless Evading In New York
Law enforcement officials know that a police chase is something very dangerous. Individuals who drive at speeds equal to the speed limit or at twenty-five miles per hour or more over it, to evade capture by police, put their lives, the lives of the police officers as well as pedestrians and other drivers at risk. Even if a person is able to end a high-speed police chase and not hurt anyone, they will still face a charge of reckless evading. These are considered actions that were done without any thought of outcomes or consequences.
When a person is arrested for reckless evading in New York, they will likely be facing a charge of reckless endangerment in the first degree. This is covered in New York Pen. Code § 120.25. It is a Class D felony. New York criminal courts consistently determine that act of recklessly evading police by driving at high speeds is a behavior that’s classified as depraved indifference to human life.
Additional Criminal Charges
In New York, should a person be convicted of reckless endangerment in the first degree, they will probably also face additional criminal charges. This will often be the reason for committing felony reckless evading. Individuals have been additionally charged with such things as unauthorized use of a vehicle, possessing stolen property, assault, illegal drug possession and more.
A person convicted of felony reckless evading could receive a prison sentence of up to seven years. It is classified as a violent felony. The judge in a New York court is required to impose a minimum sentence of two years in prison for a guilty verdict. The sentences given are determinate. This means the length of it is for a specified number of years and not a range of years. The length of a prison sentence will be determined by how a person is classified based on their previous criminal record. All prior convictions including any felony convictions withing the past ten years will be taken into consideration. Should a person have two or more felony convictions within the past ten years, they will be considered a persistent felony offender.
Fines, Restitution, And Fees
When a person is found guilty of felony reckless evading, they may be ordered by a judge to pay fines as well as restitution and fees. The fines could be more than $4,000. Should someone be injured or property be damaged during the commission of the crime, they may be required to pay the victim expenses covering their loss as a result of the crime. According to New York Pen. Law § 60.27, the most a person will have to pay for restitution is $15,000 as well as an additional five percent surcharge. A person may also have to pay a mandatory surcharge of $300 and a victim assistance fee of $25. A person placed on probation supervision will have to pay a $30 a month for a supervision fee.
When a person is found guilty of felony reckless evading in the first degree, they will end up having to serve a sentence, pay what is demanded by the court and have a criminal record. This will have a negative impact on several aspects of their life such as getting a job. If a profession requires a license, they will not be able to work in it. This includes everything from being a teacher to driving a cab and more. They won’t be able to own a gun legally or serve in the military. The consequences of having a conviction for felony reckless evading are serious and can last a lifetime.
When anyone is charged with felony reckless evading, they should contact a knowledgeable and experienced attorney as soon as possible. They will know how to analyze the facts of the case and develop the best possible defense.