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Probable cause vs. reasonable suspicion for DWI stops
Police officers in New York cannot just pull people over because they feel like it. Before a legal traffic stop can take place, an officer must reasonably suspect that the driver has committed a crime. Likewise, police cannot just arrest a person at a traffic stop unless they have probable cause to do so. Reasonable…
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Challenging field sobriety tests in New York
New York’s implied consent law requires drivers in the Empire State to submit to chemical tests to determine whether or not they are operating their vehicles while impaired by either drugs or alcohol, but it does not require them to take a field sobriety test when asked to do so by a police officer. The…
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Conditional license after a DWI
After being arrested or convicted of a DWI, it is important for you to take steps to resolve the matter as quickly as possible. You may also need some clarification about your rights after your charge. This will keep you from violating any additional laws so you can settle this legal issue correctly. One of…
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The various ways to challenge a DUI charge
If you are charged with DUI, there is no guarantee that you’ll actually be convicted of the crime. Throughout the legal process, you will be given several opportunities to present evidence that contradicts claims made by law enforcement in New York. There is also a chance that evidence will be ruled inadmissible by the judge…
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Aggravated DWI penalties in New York
New York treats drunk driving offenses harshly. The penalties you might face for an aggravated DWI are even more severe. You can be charged with an aggravated DWI when your blood alcohol concentration tests at .18 or higher within two hours of your arrest. Aggravated DWIs carry more serious penalties than a standard DWI, and…
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Open container law in New York
Drinking or possessing an alcoholic beverage in a motor vehicle while in New York can have serious consequences. If you’re drinking alcohol or consuming any form of cannabis, or there’s an open container of an alcoholic beverage in your car while you’re on a public highway or right-of-way public highway, you could face legal action.…
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An overview of the New York Impaired Driver Program
New York’s Impaired Driver Program, which was once called the Drinking Driver Program, gives individuals who have been convicted of driving while intoxicated to regain their driver’s licenses or reduce the amount of time that their driving privileges are suspended. Most participants choose to enter the program voluntarily, but some offenders are ordered to participate…
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What happens when drivers refuse field sobriety tests?
Every state has a tough set of laws to reduce the number of drunk driving crashes. When officers pull a driver over in New York, they may conduct a field sobriety test to check for impairment. Some people may wonder what happens if they refuse these tests. Common field sobriety tests Research by the National…
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Why consider a drunk driving plea deal?
A DUI conviction in New York state may come with harsh penalties. Someone facing a near-certain conviction might consider a plea deal. Every driver’s case has unique aspects, and defendants will discuss the particulars of their situation with an attorney. For some, the positives associated with a plea deal may outweigh the negatives of taking…
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What factors increase the severity of DUI charges?
Drivers who take to the roads in New York while intoxicated may find themselves facing criminal charges. The Empire State’s laws against drunk driving are tough, and the sentencing may become even harsher depending on specific factors. Several items could contribute to a driver facing enhanced DUI charges. When the charges become worse, expect possible…
About
James Auricchio was admitted to the practice of Law in 2001. He entered private practice in 2010 after earning distinction as a State and Federal Prosecutor.
Named to the list of Superlawyers, in 2020, 2021, 2022, 2023, 2024 and 2025 distinction awarded to less than 5 percent of all attorneys in New York State.