Michael A. Ferraro, Esq., P.C.

Reduce your risk of DWI charges over Christmas

2023-12-20T21:23:19Z

For many, Christmas is the most exciting time of year. It involves sharing gifts, time off of work and spending time together with friends and family members. For on-duty law enforcement, Christmas represents something else. The number of impaired drivers increases at this time of year and law enforcement tends to be extra vigilant. What can you do to reduce your risk of DWI charges this Christmas?

Find somewhere to stay

There is nothing wrong with having a drink during the holidays. However, the reality is that drinking and driving just don’t mix. That’s why it can be beneficial to plan ahead. Is a family member willing to come and pick you up? Is there a reasonably priced hotel nearby that you could stay in after your night out? Could you stay at a friend’s house?

Designated drivers

Another way to reduce your risk of facing DWI charges is to have designated drivers. You and your friends or family members could take turns to stay off the alcohol and ensure everyone gets home safely at the end of the night.

Public transportation

New York is famous for its public transportation links. Generally, these continue to run throughout the holidays. By planning in advance, you can ensure that you’re at the station in time to make it home safely, without a traffic citation. These are just some suggestions in terms of avoiding DWI charges over the holidays. If you have been charged, then it’s vital to explore your defense options. Seeking legal guidance will give you a better idea of where you stand.

Why you should address and not ignore traffic tickets

2023-12-06T17:55:09Z

It is safe to say that New York State sees a lot of local and international traffic. As you might imagine, the police in our state write a lot of traffic tickets. Like many, you may be tempted to put away your tickets and forget about them, but that could lead to more trouble than you want to take on. When left unaddressed, here are some possible consequences of unresolved traffic citations.

Expensive fines

The price of anything can increase, including the fines associated with traffic violations. You may expect to face only a modest fine for a speeding ticket, but it can reach as high as $600 in some cases. Unfortunately, when fines pile up, you stand to lose thousands.

Driver’s license points

In addition to paying a fine, you may also face points on your license. The number of points accrued will depend on the severity of the violation. For example, a speeding ticket will typically result in 3 to 11 points, depending on how fast you are alleged to have been driving. These violations all yield five points:

Reckless driving, 5
Texting while driving, 5
Not stopping for a school bus, 5
Railroad crossing violation, 5

Too many points on your license can cause a lot of trouble. Accumulating six or more in 18 months means paying a driver responsibility assessment fee. Receiving 11 points within 18 months could lead to license suspension. Traffic tickets may not seem like a big deal, but ignoring them could jeopardize your finances and driving privileges. Consider fighting the ticket with legal guidance to preserve your driving record and bank account.

Beware of “Drinksgiving”

2023-11-21T00:03:32Z

You may be surprised to learn that Thanksgiving Eve has another, unfortunate nickname (or two). Some call it “Drinksgiving,” while others prefer “Blackout Wednesday.” Both refer to the night before Thanksgiving, which happens to be the biggest night for bar sales of the year. It’s also one of the top five holidays of the year that are known for alcohol consumption. Learn more about this unofficial holiday and how to avoid getting caught up in a drunk driving dragnet.

Why is it such a big drinking holiday?

There are a few reasons why Thanksgiving Eve has become such a major holiday involving drinking. Students away at university head home for the holiday, which typically involves a family gathering. So why not have a big blowout with all your hometown friends the night before? The same goes for young couples eager to leave the kids with the grandparents for some free time at the local pub or club. The night before the big day has all the elements of a heady brew for those seeking a chance to get the party started a little bit early.

Family gatherings can be stress-inducing

Face it — the thought of sitting down at the dinner table with that cantankerous relative who always winds up arguing about politics or other hot-button topics can be enough to drive even teetotalers to drink. It’s understandable for people to opt to blow off a little steam by popping a top (or a few) the night before the big feast.

The police will be out in droves

But beware of those blue lights in your rearview mirror. Most police forces get extra funding around the winter holidays to put more police out in patrols specifically targeting those who drink and drive. Don’t worry; you can still have a good time and even get tipsy. Just make sure to arrange for a sober ride home. If you do wind up arrested for drunk driving, it’s wisest to assert your right to remain silent until you speak to a defense attorney who can protect your rights.

Believing these traffic ticket myths can worsen your situation

2023-11-02T14:41:52Z

Traffic tickets are annoying and inconvenient, but they do not impose any real consequences, right? Wrong—this is just one of many misconceptions most motorists have about traffic tickets. In truth, tickets can lead to fines and higher insurance premiums and could even threaten your driving privileges. Before you brush off your ticket and hope the matter will eventually drop, learn the truth about traffic violations and your legal options. Get started right now by disregarding these common myths.

Myth 1. You can ignore out-of-state tickets

Long ago, it may have been possible to evade a traffic ticket without severe repercussions, but not anymore. Digital data sharing ensures the citation will follow you wherever you go. In other words, if you get ticketed here in New York, the violation can still impact your driving record in other states.

Myth 2. There are no defenses for traffic citations

There are always options to explore if you want to fight your traffic ticket. Two examples include challenging the officer’s conclusions and showing the driving behavior was justified (to avoid harm, etc.). Guidance from a legal representative may help to ensure you present a sound case to the court.

Myth 3. Clerical errors are grounds for dismissal

Contrary to belief, it is not that easy to challenge a traffic ticket over documentation errors. Minor mistakes like typos and spelling errors may not be enough to raise doubt about your case. However, motorist or vehicle identification errors are generally worth exploring as a defense. Replacing your misconceptions with facts and legal knowledge about New York traffic tickets can help you determine how to proceed with your case.

Prepping to party: How to make sure you avoid a drunk driving charge

2023-10-26T01:32:43Z

The upcoming winter holidays are filled with festivities and family gatherings – and alcohol often plays a big part in making sure all those group events are merry. Nothing puts a damper on a good time, however, like charges of driving while intoxicated (DWI). Here in New York, conviction on a first offense can net you a fine of up to $1,000, a year in jail and the loss of your license for at least six months – and that’s before you consider collateral costs, like the public embarrassment, court costs and increased insurance rates. So, what can you do to make certain that you won’t end up on the wrong side of the law this holiday season? Keep these suggestions in mind.

Pick a designated driver

If you’re going out with your friend group or family, see who is willing to forgo alcoholic drinks for the evening and serve as the group’s “designated driver.” If you regularly go out with the same people, you can rotate this task so that everybody takes a turn. If you’re not, it’s usually customary for the group to pay for the designated driver’s meal in return for their service.

Set a ride up in advance

If you know you’re going to drink and you don’t have a designated driver, you should still consider leaving your keys at home. Catch a ride to the venue where the event is being held and arrange for a taxi or a rideshare service, like Uber or Lyft, to bring you home. Just one caution: It’s smart to make sure that you have the app set up and your payment information pre-loaded before you go out. You don’t want to try to manage an unfamiliar process when you’ve been drinking.

Ask to stay where you are

If you’re going to a gathering at the home of a family member or friend, inquire in advance if it’s okay for you to stay there overnight. That way, you can feel confident that, should you overindulge, you won’t be putting yourself and others into a dangerous position. To be entirely clear, the only way to 100% ensure you don’t end up facing DWI charges is to simply not drink when you have to drive. However, mistakes do happen. If you find yourself facing charges after a holiday party or some other celebration, it’s wise to explore your potential defenses by seeking legal guidance as soon as you can.

Can your conduct improve the outcome when facing a second DWI?

2023-10-18T12:02:22Z

A first-time DWI conviction can change your life in several ways. You will likely lose your driving privileges and face substantial financial loss (fines, expenses, etc.). Nothing feels worse than a first DWI experience, except perhaps second and subsequent convictions.

Each time you appear before a judge on DWI charges, you can expect the possible penalties to worsen if convicted. You may feel there is no way out of your situation, but perhaps you can show the court you deserve another chance.

What should you consider?

Since most judges have seen and heard it all, you may feel they aren’t going to care about your story. However, courts like knowing when DWI defendants try to change their lives for the better. Here are some tips to consider when appearing in court.

Avoid excuses. Whatever you say to the court, ensure it does not sound like you are making excuses for bad behavior. Be honest and respectful and listen carefully to the judge if they address you.

Show progress. If you have been addressing your alcohol use through counseling or classes, let the court know. Judges are more likely to feel sympathetic if they believe you are working on your problems.

Be vulnerable. Your DWI issues probably affect you more than anyone knows, but you may feel it’s best to project strength in court. However, a show of vulnerability and genuine remorse could convince a judge to be as lenient as possible under New York DWI laws.

Do you still need to defend yourself?

Putting your best foot forward in court may help, but it cannot replace a calculated defense strategy. For this, legal guidance can make a world of difference in the quality and effectiveness of your defense.

Drunk driving rules are stricter for those with a CDL

2023-10-05T23:30:45Z

An adult with a commercial driver's license (CDL) in New York may be eligible for some of the best-paid blue-collar jobs available. Commercial drivers often receive competitive salaries and comprehensive benefit packages. However, they frequently work very long shifts and have to abide by relatively strict rules for their behavior in traffic to earn those wages. For example, those with a CDL in New York are subject to very strict rules about impaired driving in particular. There are a few unique ways in which drunk driving rules that apply to those with a CDL.

The impairment threshold is lower

The average motorist in New York could end up arrested for drunk driving based on their performance at the wheel or chemical test results. Someone who is over the legal limit for their blood alcohol concentration (BAC) could get arrested and charged with a crime. The average driver is subject to arrest with a BAC of 0.08%. A driver operating a commercial vehicle could get arrested for impairment with a BAC of 0.04% or higher.

Private mistakes can result in professional consequences

Not only does someone driving a commercial truck have to worry about a strict BAC while limit on the job, but they have to be aware of the risks while on their own time. A drunk driving conviction for an offense off the clock could make someone ineligible for their CDL. Therefore, someone who drives for a living and gets arrested either on the job or on their own time for impairment at the wheel may need to go to trial if they want to continue developing their career. Fighting back against impaired driving charges can potentially help commercial drivers preserve the license they require to earn a competitive wage.

What is a breath alcohol content test?

2023-09-21T16:33:00Z

The police have the right to pull over drivers who are acting suspiciously. In most cases, a driver may be pulled over because they may seem drunk. This may happen if the driver is running red lights, swerving between lanes or braking inconsistently. During a traffic stop, the police will take several measures to collect evidence and determine the status of a driver. The police may start by questioning drivers, such as if they were drinking, where they were going or if they understand why they were pulled over. The police may then ask the driver to do a sobriety test. A driver may have to do a standardized field sobriety test, which is a kind of physical examination. But, this kind of test may not be the most accurate. Many drivers are asked to take breath tests. A breath test is a small machine that evaluates a driver's blood alcohol content (BAC), which is the alcohol that can be found in the body. The most commonly known device like this is called a “Breathalyzer.”

Are breath tests accurate?

A breath test can be administered during traffic stops. Breath tests often have a more accurate reading than urine or blood tests. However, the accuracy of breath tests can be altered by a person's body temperature, the use of drugs and the type of drink.

Can you trick breath tests?

Some people believe that breath tests can be tricked to give inaccurate results. The most common belief is that sucking on a penny would cause a breath test to read impossibly high. Or, someone may try to drink coffee to hide the effects of alcohol. Both of these beliefs are just myths.

Can you refuse a breath test?

Many drivers want to know if they are legally required to take breath tests. Refusal triggers an automatic license suspension and fine which will remain on your record even if you are later acquitted of drunk driving. It can help drivers to learn about their legal rights when asked to take breath tests. If a driver believes their rights were violated during a traffic stop, then they may have means to a defense.

3 elements that can enhance any DWI defense in New York

2023-09-01T11:21:00Z

When defending yourself against a DWI (Driving While Intoxicated) charge in New York, you need more than just a basic understanding of the legal system.

Navigating the penalties of DWI charges requires a strategic approach and a thorough understanding of the elements that can make or break your defense. Here are three essential elements that can significantly enhance your DWI defense, setting you on a path to a favorable outcome.

1. Irrefutable evidence

A successful DWI defense is built on a foundation of compelling evidence. This can be achieved by thoroughly scrutinizing and analyzing the prosecutor’s evidence against the defendant. For instance, the accuracy of field sobriety tests and the validity of blood alcohol concentration (BAC) results can be questioned. A meticulous examination can reveal inconsistencies or errors that cast doubt on the prosecution’s claims.

2. A strong alibi

In some cases, presenting a strong alibi can be a game-changer. Suppose the defendant can demonstrate that they were not operating the vehicle at the time of the alleged offense. In that case, it can create reasonable doubt about their involvement and weaken the prosecution’s case. A well-documented alibi supported by witnesses or surveillance footage can be crucial in securing a solid DWI defense.

3. Alternative resolutions

A successful defense isn’t solely centered around proving a defendant’s innocence. In some instances, pursuing alternative resolutions can lead to more favorable outcomes. Exploring alternatives to traditional penalties such as diversion programs, rehabilitation or community services shows the defendant’s commitment to making amends.

When it comes to DWI defense, success hinges on a combination of professional legal representation, meticulous case analysis and comprehensive defense strategies. Defendants can position themselves for the best possible outcome by integrating these key elements into their DWI defense strategy.

How can out-of-state drivers fight New York traffic tickets?

2023-08-27T17:10:12Z

Given that traffic laws are slightly different in every jurisdiction, those who are not from New York could very easily end up violating traffic statutes unintentionally. And, ultimately, an out-of-state license doesn’t automatically prompt an officer conducting a traffic stop to let someone off with a warning. There are also certain traffic laws that people regularly violate despite knowing about them. Many people don't think it is a major issue to drive through a four-way stop without completely slowing their vehicle or to drive at speeds far over the current speed limit, for example. The majority of people who commit minor traffic violations don’t incur any repercussions, but some people end up getting pulled over and ticketed. People have the right to fight traffic citations, but the process requires attending traffic court. How can those who live in another state expect to fight a New York traffic ticket if they’re located elsewhere?

They can plead not guilty

Every traffic citation is effectively an allegation that someone has violated the law. By signing the ticket and submitting the fine, an individual effectively admits their guilt. That admission can have an impact on their insurance costs or their eligibility for licensing in some cases. Drivers can plead not guilty by checking the not-guilty box on the ticket, filling in additional information and signing it before sending it to the state. A lawyer can represent them in court. Typically, individuals fighting traffic tickets have to personally show up in traffic court to defend themselves against the citation. An out-of-state motorist always has that option, but they may choose to retain a New York lawyer to defend them in traffic court instead. That way, they won't need to take time off of work period. Many people also choose to hire attorneys to increase their chances of success when defending against a ticket if they commit the time and effort to return to New York for traffic court. Those who successfully defend against a ticket will not only avoid the fine associated with it but also the licensing consequences and the multi-year impact that a ticket can have on their insurance rates. Realizing that even out-of-state drivers have the right to plead not guilty can help individuals to make informed decisions response to a recent New York citation.