Upstate New York DWI Lawyer

New York Mandates Ignition Interlock Devices in DWI Cases

Sun, 15 Aug 2010 12:04:01 -0500

A key provision of Leandra’s Law takes effect tomorrow-August 15, 2010- which requires anyone sentenced for Driving While Intoxicated on or after tomorrow to be required to have an ignition interlock device installed on any vehicle they own or operate as a condition of their sentence or probation. In misdemeanor cases the device will be ordered to be installed for period anywhere from six months to three years. In felony cases, the device will be ordered to be installed for five years. The device itself costs up to one hundred dollars to install and up to one hundred dollars per month to maintain. It is estimated that twenty five thousand drivers will be required to install an ignition interlock device annually. There are nine other states that require ignition interlock systems for first time offenders. The new law is set forth in New York Vehicle Traffic Law §1198.

A Basic Overview of Driving While Impaired by the Combined Influence of Alcohol and a Drug or Drugs In New York

Sun, 13 Jun 2010 18:57:10 -0500

New York law prohibits anyone from operating a motor vehicle while impaired by a combined influence of drugs and alcohol. New York Vehicle and Traffic Law § 1192-4-a states that::" No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs”. The provisions of Vehicle and Traffic Law §1192-4-a are applicable to public highways; private roads open to motor vehicle traffic; and parking lots.

The People must prove the following beyond a reasonable doubt to convict a motorist of driving while impaired by a combined influence of drugs and alcohol in New York: (1) the defendant operated a motor vehicle and (2) that the defendant did so while his or her ability to operate a motor vehicle was impaired by the combined influence of drugs or of alcohol and drug or drugs

Basic Overview of Driving While Impaired by a Drug in New York

Sat, 17 Apr 2010 16:03:23 -0500

New York law prohibits anyone from operating a motor vehicle while impaired by a drug. New York Vehicle and Traffic Law § 1192-4 states that: “Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter”.

The provisions of Vehicle and Traffic Law §1192-4 are applicable to public highways; private roads open to motor vehicle traffic; and parking lots.

The People must prove the following beyond a reasonable doubt to convict a person of driving while intoxicated in New York: (1) the defendant operated a motor vehicle and (2) that the defendant did so while his or her ability to operate a motor vehicle was impaired by the use of drugs.

Basic Overview of Driving While Intoxicated in New York

Fri, 16 Apr 2010 14:59:32 -0500

Driving while intoxicated in New York is also referred to as “DWI” or “common law DWI”. Vehicle and Traffic Law § 1192-3 prohibits operating a motor vehicle in an intoxicated condition. Vehicle and Traffic Law § 1192-3 states: “Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.” The provisions of Vehicle and Traffic Law §1192-3 are applicable to public highways; private roads open to motor vehicle traffic; and parking lots.

Basic Overview of Driving While Intoxicated Per Se in New York

Thu, 15 Apr 2010 12:25:50 -0500

Vehicle and Traffic Law § 1192-2 prohibits operating a motor vehicle with a blood alcohol content of .08 or greater. Vehicle and Traffic Law § 1192-2 states: “Driving while intoxicated per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.”

The provisions of Vehicle and Traffic Law §1192-2 are applicable to public highways; private roads open to motor vehicle traffic; and parking lots.

The People must prove the following beyond a reasonable doubt to convict a person of driving while intoxicated per se in New York: (1) the defendant operated a motor vehicle and (2) that the defendant did so when he or she had a .08 of per centum or more by weight of alcohol in his or her blood.

Basic Overview of Driving While Ability Impaired by Alcohol [DWAI] in New York

Mon, 12 Apr 2010 13:14:56 -0500

Driving while ability impaired by alcohol which is also commonly referred to as “DWAI” is considered the least serious offense involving the operation of a motor vehicle while under the influence of alcohol or drugs in New York. But, it is still a very serious charge.

Driving while ability impaired by alcohol is prohibited by New York Vehicle and Traffic Law § 1192 (1). New York Vehicle and Traffic Law § 1192(1) states that: “No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol”.

The People must prove the following beyond a reasonable doubt to convict a person of driving while ability impaired by alcohol in New York: (1) the defendant operated a motor vehicle and (2) that the defendant did so while his or her ability to operate the motor vehicle was impaired by the consumption of alcohol.

New York Courts: Milton Town Court in Saratoga County

Mon, 14 Dec 2009 18:09:33 -0500

Milton Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of Milton, New York. Milton Town Court also has preliminary jurisdiction over felonies occurring within the Town of Milton, New York.

Milton Town Court is located at 345 Rowland Street in Ballston Spa, New York. The telephone numbers for Milton Town Court 518.885-9267. The fax number for Milton Town Court is 518.884.8317.

The Clerk of Milton Town Court is Beverly Ashley. The Court Clerk’s office is open Monday through Thursday 9:00 a.m. to 4:00 p.m.

Milton Town Court has two judges: Honorable Carlos M. Calderon and Honorable Timothy R. Thomas. Judge Calderon holds court on Tuesdays starting at 4:00 pm and the 2nd Tuesday of each month starting at 2:00 pm. Judge Thomas holds court on Monday’s stating at 6:00 p.m. and the 3rd Wednesday of each month starting at 6:00 p.m.

The Saratoga District Attorney’s Office handles both criminal and traffic cases pending in Milton Town Court. Saratoga Assistant District Attorney James Davis is in court on the 2nd Tuesday of each month starting at 2:00 p.m. and the 3rd Wednesday of each month starting at 6:00 p. m.

Please do not hesitate to contact toll free at 877-858-2889 if you have been charged in Milton Town Court with either a criminal or traffic offense. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea reduction satisfactory to you or take the case to trial.

New York Courts: Mayfield Town Court in Fulton County

Thu, 03 Dec 2009 12:06:25 -0500

Mayfield Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of Mayfield, New York. Mayfield Town Court also has preliminary jurisdiction over felonies occurring within the Town of Mayfield, New York.

Mayfield Town Court is located in the Town Court Building at 75 N. Main Street in Mayfield, New York. The mailing address for Mayfield Town Court is POB 00, Mayfield, New York 12117. The telephone number for the Mayfield Town Court is 518.661.5254. The fax number for Mayfield Town Court is 518.661.7748.

Mayfield Town Court has two judges: Honorable John Papa and honorable Marjorie Jones. Court is held –except on certain holidays- on the first four Tuesdays of each month at 3:00 P.M. The Mayfield Town Court Clerk is in court is court generally one hour before court. The Mayfield Town Court Clerk is also available by appointment.

Fines in Mayfield Town Court can be paid by cash, credit card, debit card, bank check, certified check or money order. Mayfield Town Court –like most Town Courts does not accept personal checks. The Mayfield Town Court does not allow installment payments for fines.

The Fulton County District Attorney is Hon. Louise K. Sira. The Fulton County District Attorney’s office is located in Room 221 of Fulton County Office Building in Johnstown New York The telephone number for the Fulton County District Attorney’s office is 518.736.551. The fax number for the Fulton County District Attorney’s office is 518.762.2042. The Mayfield Town Attorney is Carmel Greco.

If you need a criminal or traffic attorney to represent you in Mayfield Town Court, please feel free to contact me by calling 1-877-858-2889. If your case is not dismissed, I will negotiated a plea reduction acceptable to you or take the case to trial.

New York Courts: Bolton Town Court in Warren County

Tue, 24 Nov 2009 09:32:20 -0500

Bolton Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of Bolton, New York. Bolton Town Court also has preliminary jurisdiction over felonies occurring within the Town of Bolton, New York.

Bolton Town Court is located at 4949 Lake Shore Drive, Bolton Landing, New York. The mailing address for Bolton Town Court is POB 478, Bolton, Landing, New York 12814. The telephone number for Bolton Town Court is 518.644.2202. The fax number for Bolton Town Court is 518.644.2726.

Bolton Town Court has two Judges: Honorable Harry Demarest and Honorable Edward Stewart. Bolton Town Court is usually in session the second and fourth Wednesday of each month starting at 3:00 PM. The Bolton Town Court Clerk is Annette Saris. The court office is open Monday thru Friday 9 am to 4 pm. The Warren County District Attorney’s office is responsible for prosecuting all criminal cases and traffic tickets issued by the New York State Police.

If you need a criminal or traffic attorney to represent you in Bolton Town Court, please do not hesitate to contact me at 1-877-858-2889. If the case is not dismissed, I will negotiate a plea agreement acceptable to you or take the case to trial.

New York Governor Paterson Signs Child Passenger Protection Act

Thu, 19 Nov 2009 00:00:51 -0500

New York Governor David A. Paterson yesterday signed the Child Passenger Protection Act aimed at making New York’s DWI law the toughest in the nation. Under the new law:

• Any driver who operates a motor vehicle while intoxicated or impaired by drugs with a passenger under the age of 16 will automatically have their driver’s license suspended;

• Any person driving while intoxicated or impaired by drugs with a passenger under the age of 16 years old in New York can be charged with a class E felony punishable by up to four years in state prison;

• Any person driving while intoxicated or impaired by drugs who causes serious physical injury to a passenger under 16 years old in New York can be charged with a class C felony punishable by up to 15 years in state prison;

• Any prson driving while intoxicated or impaired by drugs who causes the death of a passenger under 16 years old in New York can be charged with a class B felony punishable by up to 25 years in state prison;

• Any person driving while intoxicated or impaired by drugs with a child passenger for whom they are legally responsible will be reported to the Statewide Central Registry of Child Abuse and Maltreatment by the arresting agency; and

• Any driver convicted of a DWI misdemeanor or felony in New York must be ordered to install an ignition interlock system in their vehicle for at least 6 months at their own expense [Approximately $80.00 per month]. [Effective Date:8/15/2010]

The Child Passenger Protection Act is now known as Leandra’s Law after Leandra Rosado.

New York Courts: North Greenbush Town Court in Rensselaer County

Thu, 12 Nov 2009 00:22:13 -0500

North Greenbush Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of North Greenbush, New York. North Greenbush Town Court also has preliminary jurisdiction over felonies occurring within the Town of North Greenbush, New York.

North Greenbush Town Court is located at 2 Douglas Street, Wynantskill, NY 12198. The telephone number for the North Greenbush Town Court is 518.283.2789. The fax number for North Greenbush Town Court is 518.286.2336.

North Greenbush Town Court has two judges: Honorable Raymond J. Elliott, III and Honorable Stephanie Piel. The court is in session every Tuesday starting at 5:30 p.m.

The North Greenbush Town Court Clerk is Toni Martin Vandenberg. The North Greenbush Town Court Deputy Clerks are Charlotte Dell and Nancy Ruffinen, The North Greenbush Town Court Officers are Charles Rockwell and Michael Helinski. The Court Office is open each weekday from 8:30 a.m. to 4:30 p.m. except Fridays when it closes at 11:00 a.m.

Traffic violations are handled by Deputy Town Attorneys Josh Ehrlich and Henry Bauer. Criminal matters are handled by the Rensselaer County District Attorney’s Office.

If you need a criminal or traffic attorney to represent you in North Greenbush Town Court, please do not hesitate to contact me at 1-877-858-2889. I will negotiate a plea agreement acceptable to you or take the case to trial.

New York Courts: Town of Schodack Justice Court in Rensselaer County

Sun, 18 Oct 2009 11:01:42 -0500

Schodack Justice Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated occurring within the Town of Schodack, New York. Schodack Justice Court also has preliminary jurisdiction over felonies occurring within the Town of Schodack, New York.

Schodack Justice Court is located in the Schodack Town Hall, 265 Schuurman Road, Castleton, NY 12033. The telephone number for the Schodack Justice Court is 518-477-9390. The fax number for the Schodack Justice Court is 518-477-2546.

Schodack Justice Court has two judges: Honorable Paul W. Peter and Honorable Bruce J. Wagner. Court is held every Wednesday starting at 6:00 PM.

Trish Loomis is the Senior Court Clerk. Jamie Morgan is the Assistant to Senior Court Clerk. William Dikant is the Court Officer. The Court is open Monday through Friday 9:00 A.M. to 4:00 P.M.

The Rensselaer County District Attorney’s office prosecutes all criminal cases in Schodack Justice Court. The telephone number for the Rensselaer County District Attorney's Office is 518-270-4040. Town Prosecutor Rodney C. Powis, Esq. of Maney, McConville and Liccardi , P.C. prosecutes all traffic tickets issued by the New York State Police. Schodack Town Police prosecute their own traffic tickets.

If you need a criminal or traffic attorney to represent you in Schodack Town Court, please do not hesitate to contact me at 1-877-858-2889. I will negotiate a plea agreement acceptable to you or take the case to trial.

New York Courts: Rotterdam Town Court in Schenectady County.

Fri, 16 Oct 2009 17:16:16 -0500

Rotterdam Town Court has jurisdiction over traffic violations such as speeding tickets and misdemeanors such as driving while intoxicated [DWI] occurring within the Town of Rotterdam, New York. Rotterdam Town Court also has preliminary jurisdiction over felonies occurring within the Town of Rotterdam, New York.

Rotterdam town Court is located at 101 Princetown Road, Schenectady, New York 12306. The telephone number for Rotterdam Town Court is 518- 355-7911. The fax number for Rotterdam Town Court is 518-881-0187.

Rotterdam Town Court has two judges: Honorable Kenneth P. Litz and Honorable Kevin J. Mercoglan. Judge Litz holds court on Mondays starting at 4:00 P.M. Judge Mercoglan holds court on Thursdays starting at 4:00 PM. The court clerk’s office is open Monday through Friday 8:00 A.M. to 5:00 P.M. except in July and August it closes at 4:00 P.M. Fine payment are accepted in person up to a half hour before the clerk’s office closes.

Criminal and traffic cases are prosecuted by the Schenectady County District Attorney’s Office. The Office of the Schenectady County District Attorney is located at 613 State Street, Schenectady, NY 12305-2113. The telephone number for the Office of the Schenectady County District Attorney is 518.388.4364. Raymond DeMatteo, Esq. and Peter Willis, Esq. are the current Assistant District Attorney assigned to Rotterdam Town Court.

If you need a criminal or traffic attorney to represent you in RotterdamTown Court, please do not hesitate to contact me at 1-877-858-2889. I will negotiate a plea agreement acceptable to you or take the case to trial.

New York Courts: Albany City Court- Criminal Part-Albany County

Tue, 06 Oct 2009 00:00:01 -0500

The Criminal Part of Albany City Court adjudicates misdemeanors such as petit larceny and petty offenses such as disorderly conduct occurring within the City of Albany, New York. The Criminal Part of Albany City Court also has preliminary jurisdiction over felonies occurring within the City of Albany, New York.

The Criminal Part of Albany City Court is located in the Public Safety Building located at 1 Morton Avenue, Albany New York 12202. The telephone number for the Criminal Part of Albany City Court is 518-462-6714.

The Criminal Part of Albany City Court has three judges: Honorable William A. Carter, Honorable Thomas K. Keefe and Honorable Rachel L. Kretser. The Criminal Part of Albany City Court also has three courtrooms. The front courtroom – also known as courtroom number 1- is used for all arraignments and most preliminary hearings. All other matters are held in the middle courtroom – also known as courtroom number 2 and back courtroom also known as courtroom number 3. The court assignment list can be found on clip boards hanging outside courtrooms number 1 and 2.

The Chief Court Clerk of the Criminal Part of Albany City Court is Janice Cellucci. The Deputy Chief Court Clerk II of the Criminal Part of Albany City Court is Laureen Lee. The Criminal Part of Albany City Court is open Monday through Friday from 8:30 A.M. to 4:30 A.m. except when closed an hour long break in the middle of the day. The Criminal Part of Albany City Court is also open on weekends and holidays for arraignments.

The Albany County District Attorney’s office is responsible of prosecuting cases in the Criminal Part of Albany City Court. The main office of the Albany County District Attorney’s Office is located in the Albany County Judicial Building, 6 Lodge Street, Albany, NY 12207. The telephone number for the Albany County District Attorney’s Office is (518) 487-5460. The fax number for the Albany County District Attorney’s Office is (518) 487-5093. The Albany County District Attorney’s Office also has a small satellite office located inside the same building as the Criminal Part of Albany City Court.

A bail bondsman can generally be found standing out in front of courtroom number 1 just past the magnetometer which every visitor must pass through as they enter the building. There is no parking lot. There is free public parking on the streets surrounding the court building.

If you have been charged with crime in the Criminal Part of Albany City Court, please do hesitate to contact me by calling 877-858-2889. I will negotiate a plea agreement acceptable to you or take your case to trial.

New York Courts: Albany City Court-Traffic Part- in Albany County

Mon, 05 Oct 2009 13:28:02 -0500

The Traffic Part of Albany City Court adjudicates traffic ticket cases arising within the City of Albany, New York including but not limited to speeding, failing to obey traffic control devices, failure to yield the right of way and failing to stop at a stop sign. The Traffic Part of the Albany City Court does not adjudicate traffic crimes such as driving while intoxicated, aggravated unlicensed operation or operating a motor vehicle with a suspended registration. The Criminal Part of Albany City Court adjudicates criminal traffic cases.

The Traffic Part of Albany City Court is located in the basement of Albany City Hall, 24 Eagle Street. Albany, NY 12207. The telephone number for the Traffic Part of Albany City Court is 518-453-4630. The fax number for the Traffic Part of Albany City Court is 518-434-5084.

The Traffic Part of Albany City Court has two judges: Honorable Gary F. Stiglmeir and Honorable Helena Heath-Roland. Traffic arraignments occur on Mondays starting at 9:00 am. Traffic conferences occur on Tuesdays starting at 9:00 a.m. Traffic trials occur on Wednesdays as scheduled by the Court.

The Chief Clerk of the Traffic Part of Albany City Court is Anthony Mancino. The Deputy Chief Clerk II of the Traffic Part of Albany City Court is Laureen Lee. The Court Clerk’s Office is open Monday through Friday 8:30 AM to 5:00 PM.

Corporation Counsel of the City of Albany is responsible for prosecuting traffic violations occurring within the City of Albany. Corporation Counsel for the City of Albany maintains offices in Albany City Hall, 24 Eagle Street, Room 106, Albany, New York, 12207. The telephone number for Corporation Counsel of the City of Albany is 518-434-5050. The fax number for Corporation Counsel of the City of Albany is 518-434-5070.

The Traffic Part of Albany City Court does not have a parking lot. There is metered parking on the surrounding streets. There is handicap parking on the side of City Hall. All visitors to the Court must pass through a security check point upon entering Albany City Hall.

Please feel free to call me at 877-TKT-ATTY if you have been charged with a traffic violation in the City of Albany, New York. I will negotiate a plea agreement acceptable to you or take the case to trial.