An alcohol related driving offense in New York can range from a violation to a serious felony, depending on circumstances such as blood alcohol level and previous convictions. Driving While Intoxicated (DWI) is a serious allegation, typically categorized as a misdemeanor for first-time offenses with a blood alcohol level of .08 or higher. However, a history of DWI’s within the last 10 years amplifies charges to felony driving while intoxicated, underscoring the gravity of repeat offenses.
New York law identifies several tiers of alcohol related offenses, from Driving While Ability Impaired by Alcohol, classified as a violation, to the severe Aggravated Driving While Intoxicated, involving blood alcohol levels of .18 or higher. Notably, the presence of a minor in the vehicle during a DWI incident escalates charges to a felony under Leandra’s Law, highlighting the increased risks associated with such behavior. Furthermore, the state distinguishes driving impairments attributed to drugs or a combination of drugs and alcohol, broadening the scope of potential vehicular offenses.
Following a charge of driving while intoxicated, motorists face immediate and impactful license suspensions, notably a 30-day suspension upon arrest if a breath test was conducted. The possibility of obtaining a hardship license during this period offers a temporary respite, allowing for essential travel. Convictions bring further restrictions, including mandatory ignition interlock devices and, in cases of refusal to take a breath test, potential license revocation for a minimum of six months.
Addressing DWI’s and vehicular offenses requires a skilled DWI defense attorney well-versed in the nuances of New York’s legal landscape. As a DWI defense lawyer, Michael Paul brings a thorough understanding and a strong track record of defending against charges ranging from reckless driving in violation to more severe DWI allegations. Whether challenging the basis of the traffic stop, the administration of a breathalyzer test, or negotiating for reduced penalties, our legal team is prepared to offer the robust defense you deserve.
The implications of a DWI conviction extend beyond legal penalties, affecting one’s personal and professional life. Securing the best DWI lawyer early in the process is crucial to navigating the complexities of your case effectively. Michael Paul, Attorney at Law, is committed to providing top-tier legal advocacy, aiming to safeguard your rights, your license, and your future.
If you or someone you know has been charged with driving while intoxicated in New York State, it’s imperative to consult with a DWI lawyer immediately. Michael Paul, Attorney at Law, stands ready to assess your case and outline a defense strategy tailored to your circumstances. For a consultation with our best DWI attorney, call us now at (718) 793-7285 or complete our online form. Remember, early legal intervention can be pivotal in achieving a favorable outcome.
Section 1212 of the New York State Vehicle and Traffic Law states:
1212. Reckless driving. “ Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.”
Reckless driving in violation of section 1212 of the New York State Vehicle and Traffic Law is a misdemeanor. A conviction to reckless driving will result in a criminal record unless you were between the ages of 16 and 18 when the ticket was issued and granted youthful offender status by the court. A conviction for reckless driving will result in 5 points on your license or driving record. A conviction for reckless driving can also result a sentence jail of up to 180 days as well as a revocation of your license.
Reckless driving is prosecuted differently depending on the county the ticket is received in and the court the ticket is returnable to. If you are charged with reckless driving, there is an advantage in hiring an attorney early in the process. You do not want a misdemeanor on your record!
Points
In New York State, convictions for speeding tickets and other moving violations carry points on your license. Below are the points that correspond to each moving violation.
| Speeding | 1 to 10 mph over limit |
3 points |
| Speeding | 11 to 20 mph over limit |
4 points |
| Speeding | 21 to 30 mph over limit |
6 points |
| Speeding | 31 to 40 mph over limit |
8 points |
| Speeding | over 40 mph over limit |
11 points |
| 1102 | Failure to Comply with a Lawful Order |
2 points |
| 1110 (a) | Failure to Obey Traffic Control Device |
2 points |
| 1110 (a)(1) | Passed Green Arrow |
3 points |
| 1111 (d)(1) | Passed Red Light |
3 points |
| 1111 (a)(1) | Passed Red Arrow |
3 points |
| 1120 (a) | Failure to Keep Right |
3 points |
| 1122 | Improper Lane Change |
3 points |
| 1128 (a) | Unsafe Lane Change |
3 points |
| 1129 (a) | Following Too Closely (Tailgating) |
4 points |
| 1140 | Failure to Yield Right of Way at Intersection |
3 points |
| 1141 | Failure to Yield Right of Way–Oncoming Traffic |
3 points |
| 1143 | Failure to Yield Right of Way–Pedestrians |
3 points |
| 1163 | Failure to Signal Lane Change |
2 points |
| 1172 | Failure to Stop at Stop Sign or Flashing Red Light |
3 points |
| 1180 (a) | Unreasonable/Imprudent Speed |
3 points |
| 1180 (b) | Speeding | |
| 1 – 10 mph over speed limit |
3 points | |
| 11 – 20 mph over speed limit |
4 points | |
| 21 – 30 mph over speed limit |
6 points | |
| 31 – 40 mph over speed limit (possible suspension) |
8 points | |
| More than 40 mph over speed limit (possible suspension) |
11 points | |
| 1212 | Reckless Driving (Misdemeanor Offense) |
5 points |
| 600 | Leaving the Scene of an Accident |
3 points |
| 1229 (c)(3) | No Seat Belt/Driver |
0 points |
| 319 | Uninsured Motorist (Mandatory Revocation) | |
| 375 (1) | Inadequate Brakes (Misdemeanor offense) |
4 points |
| 375 (3) | Failure to Dim Headlights |
2 points |
| 375 (29a) | Improper Towing/More Than One Vehicle |
2 points |
| 375 (29c) | Connection Longer Than 16 Feet |
2 points |
| 375 (29d) | No Licensed Driver in Towed Vehicle |
2 points |
| 381 (1a) | Inadequate Brakes- Motorcycle |
4 points |
In New York State, points are assessed against your driving record based on the date of violation of the ticket, not the date of conviction. If you accumulate 11 points or more within an 18 month period, your license will be suspended or revoked by the New York State Department of Motor Vehicles. Also, if you are convicted of 3 speeding tickets with dates of violation within an 18 month period, your license will be suspended for 6 months.
You can reduce up to four points from your driving record by completing a NYS DMV approved defensive driving course. You can use the point reductions from a defensive driving class once every 18 months. If you have already taken the defensive driving course within 18 months, regardless of whether you received a point reduction or not, you will not be able to reduce any points by taking the program again until a year and a half has passed. Please note you cannot apply the point reduction as a credit against future tickets.
NO ONE SHOULD EVER PLEAD GUILTY TO VIOLATION INVOLVING POINTS WITHOUT FIRST CONSULTING WITH AN ATTORNEY
Michael Paul Attorney at Law
