If you’re pulled over for suspected drinking and driving, you’ll be asked to perform some initial roadside tests to measure your blood alcohol content (BAC).

These roadside tests will usually include a field sobriety test (FST) and a preliminary alcohol screening (PAS). The FST might include a one-leg stand, horizontal gaze nystagmus (HGN), and walk and turn. The PAS will generally be conducted with a portable breathalyzer device.

These tests are voluntary and performing these tests generally hurts your case rather than helps it – regardless of whether you’ve been drinking. Portable breathalyzers are unreliable and often give incorrect readings. And for example, even if you haven’t been drinking, your nerves and balance issues could mean you “fail” the FST tests.

The data gathered from these roadside tests is not evidence admissible in court.

If you refuse the roadside tests, this will usually mean that your license will be temporarily suspended and you will be taken to the police station. This might sound intimidating, but keep in mind that it could be the much better option. And it’s important to note that taking the roadside tests (even if you haven’t been drinking) doesn’t necessarily mean you’ll avoid this trip to the police station.

At the police station, you’ll be asked to perform a second breathalyzer test, and possibly also a blood sample.

Refusing this second test at the police station has much more serious repercussions. But also, because the results of this second test will be admissible evidence in court, the risk of taking the test is much greater.

So, should you accept or refuse the breathalyzer test at the police station? There’s no simple answer, but we’ll look at the pros and cons of each choice. Keep in mind that when discussing the pros and cons of taking the test, we’re only considering the second test at the police station, not the initial roadside test.

If You DO Take the Test

• If you DO take the test at the police station, and the result is a relatively low reading, you have a chance at having your charges reduced to DWAI. A DWAI is a less serious charge than a DUI and carries lighter penalties.
• However, if your reading is higher than a certain level it’s quite unlikely that you will be able to get your sentencing reduced, even if it’s your first-time offense.
• If you do take the test, the test results can be used as evidence for or against you. Having a test reading as evidence can be positive or negative. Once there’s a concrete BAC number to use as evidence in court, it can either work in your favor as “Yes, I was drinking but not that much” or against you as proof that you broke the law. Depending on your situation, your attorney can advise you on the better option.

If You DON’T Take the Test

• If you refuse the test, you will almost certainly be unable to get reduced sentencing. Without the chance of reduced sentencing, you have a higher chance of being convicted of a DUI, which means being convicted of a crime. If you’re convicted as a first-time offender, you’ll get a license revocation of 6 months, fines of up to $1,400, and you’ll be required to attend time-consuming MADD and DDP programs.
• If you don’t take the test, you run the risk of going to trial over the case, which will be more expensive. But sometimes, going to trial is the preferable option if you have a good chance of winning.
• Without the actual reading, there will not be the evidence admissible in court to be used against you. Without the actual results as evidence, you could argue that you were intoxicated but not impaired.

Tips To Remember If You’re Pulled Over

• You don’t have to answer questions beyond identifying yourself. You can politely but firmly refuse to answer additional questions without your attorney
• You do not have to perform any roadside tests such as walking in a straight line or breathing into a Breathalyzer. Your participation is not required by law, and will generally only hurt your case.
• If you are arrested and taken to the police station, remain silent and decline any chemical test until you are first allowed to speak with an attorney.
• Call an attorney ASAP. An experienced New York DUI/DWI attorney can advise you on which chemical test to take, if any. Your attorney can help you understand your rights and begin to prepare your defense.

There’s no easy answer as to whether you should accept the test or not in Westchester County, NY. A DUI/DWI attorney can advise you specifically given your unique situation. Contact Darren DeUrso at 914.772.8614 or online.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

Getting a DUI/DWI conviction is stressful! And if you’re required to have an Ignition Interlock Device (IID) installed, you might feel that stress every time you get in your car. You might worry about failing the regular IID tests or you might feel embarrassed by other people seeing the IID in your car.

Life can get even more stressful if you can’t afford the expensive fees associated with the installation and monthly maintenance of an IID. Keep reading to understand what’s required of you when a court orders you to install an IID, how much an IID costs, and how you can receive financial assistance for an IID.

What is an IID?
If you are convicted of driving while intoxicated or aggravated driving while intoxicated as a felony or misdemeanor in New York, you will be required to install an Ignition Interlock Device (IID) in any vehicle that you own or use, says NYcourts.gov. Most sentences will require you to keep the IID installed for one year or more.

When installed, an IID prevents a car from starting if the driver’s blood alcohol concentration is .025% or higher. You’ll have to exhale into the IID for a test before the engine will start, and then perform additional breath tests at random times while the engine is running. If you don’t provide the breath tests when prompted, the IID will record this and then give you a warning to provide the breath sample. If you still don’t exhale into the device, your car will start honking incessantly or going into alarm mode until you provide the breath sample. Depending on which device you have, there may even be a built-in camera.

While an IID might seem highly disruptive to your life, following the IID rules and laws at all times is absolutely necessary for your future wellbeing. If you are caught violating IID laws or driving without a court-ordered IID, you could be sentenced to up to a year in jail. Your life has been affected enough by your DUI/DWI conviction, don’t put more at risk by trying to get around IID laws.

How Expensive is an IID?

IIDs aren’t cheap. For each vehicle that you operate or own, you will have to pay an installation fee, a monthly fee, and a removal fee. The exact cost will depend on the vendor who installs the device. On average, the IID installation fee will cost between $100 and $200, with an additional fee of about $70 to $125 each month.

What if You Can’t Pay?

What happens if you’re required to install an IID and you really don’t have the money to pay for it? Understandably, this can be an extremely stressful situation. But thankfully, there are some possible solutions.

New York is one of the few states that offer the potential for financial assistance when it comes to Ignition Interlock Devices. Qualifying for the financial assistance can be a bit tricky though, so it’s imperative that you act fast and pay close attention to the required process.

If you don’t have the money to pay for an Ignition Interlock Device, you have the option to ask the court to waive the associated fees, explains NYcourts.gov. You can make this request by filling out the Financial Disclosure Form. If you can prove that you truly cannot afford an IID, then the court will waive the fees. To request the waived fees, you’ll need to take three copies of the form linked above to the court that sentenced you. It’s critical to apply as soon as possible because you will only have 10 days after your sentencing to install the IID. It’s up to the courts to decide if you qualify for the waived installation fee and waived monthly charges.

Some private companies such as Intoxalock also provide financial assistance options for qualifying drivers, although the rules for application may differ.

How to Get Help

To see if you qualify for financial assistance, contact a White Plains DUI/DWI attorney as soon as possible. Procrastinating may cause you to miss a deadline required for financial assistance.

Remember that if an IID is part of your sentencing, then it’s essential that you comply with IID laws. As inconvenient and stressful as it may seem, an IID is your solution to getting your life back to normal. Complying with IID requirements will allow you to drive normally again after a short period of time. If you have questions about your DUI/DWI case, don’t hesitate to call Darren DeUrso. Our law firm is dedicated to helping clients navigate the complex route of DUI/DWI cases in White Plains, NY. Our caring legal team is available at 914.772.8614 or online

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

If you’re charged with a DUI/DWI in White Plains, NY, it makes sense that you just want to get on with your life as quickly as possible. DUI/DWI charges are stressful! You might think that just pleading guilty might be the easiest way to deal with it.

But pleading guilty can have serious lifelong consequences in New York. DUIs are typically misdemeanor criminal offenses. But if you’ve had prior convictions or you caused injuries or deaths, the offense could escalate to a felony.

Pleading guilty without an attorney’s advice can make things worse. It is extremely difficult to withdraw a guilty plea. Before you plead guilty, take time to consider your options!

Consequences to Pleading Guilty

To avoid this conviction haunting you for life, it’s essential to understand the consequences of pleading guilty and what you could do instead.

Pleading guilty to a DUI/DWI in White Plains, NY can result in:

• Jail time
• If it’s your first DUI offense, pleading guilty could result in jail time. But it’s also likely that a court will suspend jail time and only mandate you to serve one or two years of supervised probation. But don’t count on the jail time being suspended. A judge could easily order jail time, especially if you are a multiple offender or your case was unusually serious.
• High fines
• Mandatory driving school
• Alcohol abuse screening
• Required community service
• Lengthy license suspensions and restrictions
• Increased penalties if you have prior DUI/DWI convictions.
• The negative consequences of a criminal record. Pleading guilty results in a criminal conviction, which means you will have a lifelong criminal record. This can impact your job, professional opportunities, education, your ability to qualify for benefits such as Medicaid or Medicare, social standing, and much more.
• A permanent mark on your driving record.
• Possible problems with your driver’s license in the future. A guilty plea will be reported to the New York driver’s license agency, and can then be reported to the National Driver’s License Registry. These digital records will be accessible to driver’s licensing agencies across the country.
• Any combination of the above penalties!

Alternatives to a Guilty Plea

It doesn’t usually ever benefit you to plead guilty at your first court date, explains DrivingLaws. If you plead “not guilty” in your first court appearance (called the arraignment), you will be given a new court date and a second chance to argue your case. This gives you and your attorney time to review the evidence and strategize your best course of action. Possible alternatives to a guilty plea in White Plains include:

• You can plead guilty to a less serious charge. This is called a plea bargain. Plea bargains mean that you will be pleading guilty and admitting guilt, but to a less serious charge. Plea bargains can often have significant benefits and require much less severe penalties. Plea bargains can sometimes help you avoid jail time. But plea bargains are also complex. You need to understand that by entering your plea, you’ll necessarily be giving up some constitutional rights such as the right to remain silent. You might also forfeit your rights to cross-examine the witnesses against you, and the right to a jury trial, says DrivingLaws. Talk to your attorney about how this impacts your case.
• You can try to plead innocence and have your charges dropped. Talk with your attorney about your chances of winning if you take your case to court with the intention of avoiding any conviction. If you did break the law, this will be very difficult. Normally, it’s a much safer bet to enter a plea bargain and serve out reduced penalties.

Discover Your Options

Often, the prosecution has flaws in their evidence or arguments. Many times, the prosecution will accept a plea bargain if they have doubts about the strength of their case against you or their ability to prove your offense at trial.

An experienced White Plains, NY attorney can help you figure out if you have any viable defenses that would merit taking your case to trial. An attorney like Darren DeUrso – who knows the nuances of New York state law when it comes to DUI/DWI and criminal defense, can help you discover your options for plea bargains and other alternatives to the serious consequences you might be facing. Darren DeUrso can evaluate your case and find your best chances of dropping or reducing your charges on defenses such as police misconduct, breath test result errors, and other flaws in the prosecution.

Do yourself a favor and understand your options before you accept the negative consequences of pleading guilty to your charges. Call Darren DeUrso at 914.772.8614 or send an online inquiry.

After certain DUI/DWI violations in Westchester County, NY you might be required to install an Ignition Interlock Device (IID) in your car(s). In New York, Ignition interlock is required for all DUI/DWI offenses during the period of license revocation or a minimum of 6 months, according to the NCSL.

It’s most likely that you’ll be required to have the IID installed for at least 12 months. IIDs require you to provide a breath test before being able to start your car, and conduct random breath tests while you are driving. Failing to provide a breath sample is a violation in itself.

Ignition Interlock Devices help prevent driving under the influence. You’ll have to breathe into the device to test for alcohol in your system before you’ll be able to start your car. The BAC (blood alcohol content) limit for New York is .08, according to the NY DMV. If the device detects a BAC higher than .08 you won’t be able to start your car. But what if you fail the test? What if you misuse your IID or violate IID requirements? What happens next?

Common Ignition Interlock Device Violations

• Operating a vehicle that is NOT equipped with an IID
• Trying to tamper with or disconnect the device
• Attempting to bypass the device (having someone else provide the breath sample)
• Trying to remove the device
• Failing a startup test (with a BAC above .08)
• Failing a rolling retest (with a BAC above .08)
• Skipping a rolling retest
• Continuing to drive after failing a rolling retest
• Not reporting a lockout
• Missing a monthly service visit
• Failing to pay monthly maintenance fees

Penalties for Ignition Interlock Device Violations in New York

While IID violation consequences and penalties in New York vary based the type of violation, they can include:

• Inability to start your car until your BAC is under .08.
• Activation of your horn, flashing lights, etc. while driving so that you will need to pull your car over to the side of the road.
• Impoundment of your vehicle
• Permanent lockout from your vehicle requiring a tow to a service center
• Extension of the length of time you’ll be required to keep an ignition interlock device installed
• Revocation of your restricted license
• Revocation of all driving privileges
• Fines
• Jail time
• And more

Be aware that you are responsible for any program violations. If someone else drives your IID-equipped vehicle and violates IID requirements, you will be responsible, says Alcolock. In some cases, you might be able to work with a DUI attorney to prove your innocence if someone else violated the program.

Remember that driving without an IID against a court order and helping someone drive without a court ordered IID are Class A misdemeanors punishable by up to 1 year in jail, according to NYCourts.gov.

Common Reasons for a Failed IID Test

Of course, if you fail an IID test, an obvious answer might be that you have been drinking and have an illegal blood alcohol content in your system. However, if you know you haven’t been drinking and you still fail a test – don’t panic. There are several common factors that could contribute to errors in an IID test result, says LifeSaver, including:

• Alcohol-based mouthwash
• Fermentation of fruit products in your mouth
• Yeast from bread or pizza dough
• Residual alcohol in your system from drinking the previous night

If the test failed by mistake and you didn’t violate any program requirements, you will normally be allowed to try again in a few minutes and get on with your day.

Do You Need Legal Assistance?

If you have violated your Ignition Interlock Device requirements, you might need help from an attorney to avoid serious penalties in Westchester County, NY. An attorney might be able to help you convince the courts that the violation was a mistake and that the penalties are unjustified. Similarly, if someone else violated your IID requirements with your vehicle, an attorney can help you prove that you’re not the one to blame. A DUI/DWI on your record already jeopardizes your future driving privileges and other opportunities and freedoms. Don’t let an IID violation make things worse.

Potential penalties for an IID violation can cause a lot of stress, even if you believe you didn’t commit a violation. At the Law Offices of Darren DeUrso, we provide compassionate and dedicated legal representation for our clients throughout the Westchester County and White Plains areas. Don’t let your future turn into a nightmare! Get the legal help you need to get back on track! Contact us at 914.772.8614 or online. For your peace of mind, we offer free initial consultations so you can discover your best route at no cost!

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

 

There are lots of reasons why you might not pay a traffic ticket. Maybe your life feels too crazy to remember all the things on your to-do list. Maybe you feel that the ticket was unfair and you shouldn’t have to pay? Did you lose your ticket? Do you not have the money to pay? Or maybe you think a ticket is no big deal so you just ignore it?

No matter what your excuse, you definitely shouldn’t neglect handling a traffic ticket. Ignoring the problem will just make your life more complicated down the road.

In this article, we’ll look at the penalties that an unpaid traffic ticket can bring as well as your options when you are unwilling or unable to pay a ticket.

Penalties for Unpaid Tickets

If you don’t pay a traffic ticket on time in the state of New York, you could face the following penalties:

• Suspension of your license – if you fail to answer your ticket, your license might be suspended as an indication that you failed to pay the ticket. However, if you continue to ignore the ticket after your license is suspended, you might be convicted of the charge you were ticketed for. This is called a “default conviction,” according to the New York DMV. If this happens, you’ll have to pay the ticket, the mandatory surcharge, and suspension termination fees.
• Higher insurance rates (if your license is suspended).
• You might receive traffic violation points that can stay on your record for up to 18 months.
• If you drive while your license is suspended, you could be subject to an Aggravated Unlicensed Operation misdemeanor which will take you to criminal court. Driving while suspended could result in jail time, thousands of dollars, and losing your driving privileges.
• The price of the ticket will increase:
  • For Parking Tickets:
    • After 30 days, your fine increases by $10.
    • After 60 days, the fine increases by $20 in addition to the initial increase.
    • After 90 days, your fine increases by $30 on top of both initial increases, equalling $60 in penalties.
    • After around 100 days, the case will enter into judgment, and 9% interest per year is added to the total amount due until the debt is paid in full.

• For Camera Tickets:
  • After 30 days, your fine will increase by $10.
  • After 60 days, your fine increases by $20 in addition to the initial increase.
  • After 90 days, your fine increases by $30 on top of both initial increases, equalling $60 in penalty fines.
  • After around 100 days, the case is entered into judgment. 9% interest per year will be added to the total amount due until the debt is paid.
  • To make your debt worse, vehicles registered in your name may be subject to towing or booting once your total debt eclipses $350. You’ll have to pay additional fees for the tow or boot, plus any storage fees.

What To Do If You Didn’t Pay Your Ticket

You have until the ticket’s 15-day deadline to respond with either the payment or a request for a hearing. Whether you forgot to pay, are unable to pay, or you want to dispute your ticket – there are options available to you.

• Pay the ticket (including any additional fines). It may seem unfair and frustrating, but it could save you more headaches and more fines down the road.
• If you truly believe your ticket is unjust and if you have not yet had your license suspended, you can enter a plea. You can plead not guilty to a traffic ticket. You’ll be given a notice for a court hearing and you might need to pay a suspension fee. This can be a complicated process, so it’s best to work with a qualified attorney.
• If you have already had your license suspended you will want to work with an attorney. In this situation, you can’t just pay the fines and be done with it. A license suspension is serious and you will need legal assistance.
• Pleading guilty to a ticket could result in license revocation depending on if you have alcohol-related driving points on your driving record. Consult an attorney before pleading guilty to a violation that results in 5 or more points.
• If you truly don’t have money to pay a ticket, you can ask a judge about options such as a payment deadline extension, community service, or attending traffic school.

For your New York traffic violation problems, Darren DeUrso can help you find solutions!  As a criminal defense attorney specializing in traffic law (including DWI/DUI law), Darren DeUrso is here to help you get back on the road with a clear conscience and hassle-free future! Contact our White Plains office at 914.772.8614 or online.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

If you’re facing criminal charges, a criminal defense attorney will argue for your best interests. But in many cases, there’s more to discuss than just how to have your criminal charges reduced or dropped. Unfortunately, racial profiling is the cause of many unjust traffic stops, arrests, and criminal charges in White Plains, New York.

If you believe you were pulled over, issued a ticket, or arrested because of racial profiling, you could have a strong defense for your case. Part of a criminal defense case is gathering evidence that proves that your charges were unfair, and racial profiling can definitely be a strong argument in your favor.

What is Racial Profiling?

ACLU defines racial profiling as “the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion or national origin.”

NBC reports findings from a study that suggests that police definitely do engage in racial profiling when deciding who to pull over and which cars to search for illegal drugs.

Racial profiling is illegal, and yet it is a “tactic” used by police at alarming rates.

What To Do If You Suspect Racial Profiling

Contact a criminal defense attorney ASAP and explain your suspicions that you’re a victim of racial profiling. Darren DeUrso is a criminal defense attorney working to get justice for his clients in White Plains, NY. He has three decades of legal experience and holds the BV® Peer Review Rating™ by Martindale-Hubbell® – which is bestowed to only a fraction of America’s lawyers.

Possible Defenses To Combat Racial Profiling

If you’re being charged with a crime and you believe racial profiling had something to do with you being stopped or arrested, a criminal defense attorney can help you use the following potential defenses:

1. Motion to Suppress: If incriminating evidence was seized during an improper search based on racial profiling, you can ask for a “motion to suppress.” Evidence of your crime cannot be used in court if it was gathered with illegal motives such as racial profiling. A criminal defense attorney can help you apply this  “exclusionary rule” to your case. If you can prove to New York courts that evidence was seized during a police search that police conducted based on your race, the evidence can be excluded from consideration in your case because the search violated your Equal Protection rights under the U.S. Constitution.
2. Lawsuit: Another option is to pursue monetary damages for the violation of your rights. You might have the option to sue the officer, the department, and/or the municipality responsible for the conduct that violated your civil rights.

If you’re facing criminal charges after being stopped or arrested because of your race, it’s time to get justice! Don’t let unconstitutional racial profiling determine your future – get help from an experienced criminal defense attorney who truly cares!

Call 914.772.8614 today for a free consultation.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788