Continuing to drive after your permit has been recinded. No need to tempt fate. If your license has been taken, suspended, or revoked, you are just hurting yourself if you continue to drive. "Driving while license invalid" is a misdemeanor in New York Condition, and punishable by up to year in jail. Not to mention the complications it will pose in your DWI case. 5. Not taking full advantage of your constitutional rights. This usually occurs when you make an effort to handle the case on your own, or hire an attorney not well versed in DWI laws. There might be numerous regions of your end and arrest which were unconstitutional. Defense Pre-trial motions must be filed to: o Contest the constitutionality of the stop o Contest the constitutionality of the probable trigger to arrest o Contest the constitutionality of the Miranda rights o Contest the manner where roadside tests were given o Contest the use of a Portable Breath Tester o Contest the constitutionality of any kind of search and seizure o Contest the constitutionality of the refusal 6. Failing to appear in Court. If you don't arrive for a Court appearance, the Court will issue a bench warrant for your arrest and revoke any bond. Next time you are halted for a visitors infraction, you'll be spending a while in jail and posting a bond for your own future appearances. 7. Speaking with anyone but an lawyer about your case. Anything you say to them can be used against you. Speaking with friends, family, etc. could be fine and comforting, BUT EVERY CASE DIFFERS. Just because something happened in your friend's case, doesn't mean it'll happen in yours. Different counties, different judges, different facts mean different results. 8.Thinking that by talking to numerous attorneys you'll then be able to handle it on your own. You must have an attorney head to Court with you. There is absolutely no way around it. It has been said that "an lawyer who represents themselves in courtroom, has a fool for a client." EVEN ATTORNEYS billed with DWI will hire a DWI lawyer to represent them in court. What does that let you know? You need an experienced DWI attorney to describe not only the law but choices specific to your case most importantly and how your decisions can impact your own future. 9. Just pleading "Guilty" to the DWI to obtain it over. If I plead "Guilty" do I really even need an attorney? I have many clients provide me a call and state something such as . . . "I am guilty. I simply desire to plea guilty and understand this over." My answer is generally a VERY strong "YES!" My job isn't simply to get innocent people discovered not guilty, or even to get guilty people "off." My job is to ensure that you are treated fairly and receive reasonable treatment through the entire process. I also think it is of the utmost importance to understand all of your options and the way the decisions you may make today can impact your future. In New York State, DWI has a large punishment range. These can range between permit suspensions to revocations of 90 days or up to a year. The Courtroom Surcharges can range from $260.00 (for a DWAI) and many hundreds more for a DWI. The fines can add the a huge selection of dollars to the thousands as well. Punishments range from years of probation where you cannot drink alcohol or end up being around anyplace serving it for a long time. The circumstances of your probation is often as wide obviously. If your plea discount is not properly negotiated, you could end up with some overly harsh conditions. Good negotiations may help you avoid having a deep lung device (ignition interlock device) attached to your car. This is an apparatus that requires you to blow involved with it to start your car, and periodically while driving. If you have close friends or business associates in your car, it could be quite embarrassing. Not forgetting, it costs about $70 monthly to monitor... a price paid by YOU. Over the years, it can cost you thousands of dollars. Additional conditions on your probation could be huge amounts of community services, costing you money when you are not working. Another, and most important concern is that if you plead guilty, you possess 100% chance of getting found guilty and having a DWI conviction on your record. New York State does not have any Expungement law which means that your DWI record will remain with you for life. Occasionally, you have the opportunity to be found not guilty at trial, which isn't necessarily a similar thing to be found innocent. If your rights had been violated, etc., a trial is usually the only chance that you can keep this away your record. You might even have the possibility of being found guilty to the decreased charge of DWAI, which really is a traffic infraction.
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