DUI/DWI Field Sobriety Tests: How to Challenge Them
How you do on a field sobriety test (FST) is a key part of evidence when you’re pulled over for DUI/DWI. The police use this roadside testing to determine if a driver is under the influence of alcohol or drugs. While the prosecution may want to use an FST to prove guilt, a DUI defense attorney can challenge the evidence to seek a more favorable resolution to your DUI case.
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What Is Field Sobriety Testing?
Police officials use both standardized and non-standardized field sobriety tests to assess a driver’s level of intoxication. They are taught to look for clues, such as poor focus, problems completing tasks, and poor coordination when giving the tests.
A DUI defense lawyer reviews the accuracy, validity, and dependability of the testing.
Types of Standard Field Sobriety Tests (SFSTs)
The National Highway Traffic Safety Administration (NHTSA) validates the three standard field sobriety tests that are given to determine DUI/DWI.
These tests include:
- Horizontal Gaze Nystagmus (HGN): During this test, the police officer looks at the suspect’s eyes while they follow an object moving horizontally across their field of vision. The object is either a flashlight or a pen. Alcohol may cause an involuntary jerking of the eyes, also called nystagmus.
- Walk-and-Turn (WAT): Suspects are told to take nine steps, walking heel-to-toe, moving forward in a straight line. The suspect turns on one foot and returns in the same manner.
- One-Leg Stand (OLS): During this test, the suspect stands on one leg, lifting the leg about six inches from the ground to a 30-second count.
Dependability of the Testing
The SFSTs are considered the most dependable because they have been scientifically validated. According to NHTSA studies:
- HGN is 77 percent accurate in detecting BAC (Blood Alcohol Content) of over or less than 0.10 percent.
- WAT is 68 percent accurate.
- OLS is 65 percent accurate.
When all three tests are combined, their accuracy in identifying a BAC of 0.08 percent or higher (the legal limit in most U.S. states) is around 91 percent.
Non-Standard Field Sobriety Tests
The following tests may be used when a suspect is stopped for DUI/DWI.
However, the assessments are not validated by the NHTSA.
- Finger-to-Nose: Touch the tip of the nose with the index finger.
- Alphabet Test: Recite the alphabet or a portion of it.
- Counting Test: Count backward from a given number.
- Romberg Balance Test: Stand with feet together, head back, and eyes closed.
- Finger Count: Touch each finger to the thumb while counting.
- Hand Pat: Alternately pat the back of one hand with the palm of the other.
Non-standard tests are less reliable because they haven’t undergone the same rigorous scientific validation as the standard tests. They may be influenced by factors like nervousness, physical condition, or language barriers the suspect may have.
Because field sobriety testing is not infallible, other evidence should also be considered in DUI/DWI cases. That’s why it’s important to contact a DUI defense lawyer. They can review all the factors of your case and how the test administration may lead to different results – or a reduced charge or dismissal.
Reasonable Suspicion: Why Did Police Ask for an FST?
A police officer must have a reasonable suspicion of impairment to pull over a driver for DUI/DWI. This suspicion might include erratic driving, slurred speech, watery and red eyes, or the odor of alcohol.
If a DUI defense lawyer can argue that the officer did not have probable cause, they can file a motion to suppress the evidence. The motion can be used to dismiss or reduce the DUI charge.
Challenging an FST with Medical Proof
If a police officer asks you to take an FST, they should also ask if you have a medical condition that may affect your ability to perform the test. Some officers don’t ask the question. Others may not realize how a certain medical condition can affect your performance on an FST test.
Medical Conditions that Can Affect FST Results
Some common medical issues that can influence how you do on an FST include:
- High or low blood sugar
- Drowsiness
- Diabetes
- A general illness
- Problems with balance or vertigo
- Back pain
- Knee pain
- A physical injury
Reviewing the Testing Conditions and the Suspect’s Condition
A DUI defense lawyer may challenge an FST by asking the following questions about the environment and the physical condition or coordination of the suspect:
- Was the road level or sloped?
- Was it slick or windy at the time?
- Does the suspect naturally have poor coordination or ataxia?
- Was the suspect limping – maybe due to a physical injury or pain?
- Was the lighting sufficient?
- Does the suspect have vision problems, or do they wear contact lenses?
- Did the suspects’ age, weight, or physical or mental condition affect their test results?
- Was the suspect over-anxious or nervous?
- Was the driver overly tired?
- Was the driver taking prescription medicine at the time of the test?
Some people naturally have nystagmus.
Challenging the Administration of the FST
Your attorney might argue that the police officer did not explain the test clearly enough. They may also question the officer’s qualifications concerning training and certification. For example, an attorney may check to see if the officer’s certification is current.
In addition, a lawyer may challenge the test interpretation. They might ask if the officer properly scored and interpreted the results.
As you can see, your attorney can review the evidence gathered from an FST and challenge the results in one of various ways.
If you’re asked to perform an FST, stay calm and cooperative. Doing so will help your attorney better prove inconsistencies at a later date. They can do this by examining video evidence as well as reviewing your age, medical history, and overall physical condition.
Contact a DUI Defense Attorney Today
Did the police arrest you for DUI/DWI? Do you want to know the next step? If so, it’s best to contact a DUI defense lawyer to discuss your case. They can navigate the legal process and defend you with the confidence their experience brings. Call and set up a legal consultation ASAP. Call a New York State criminal defense lawyer today.
Can You Go to Jail for Shoplifting?
Shoplifting is a common criminal offense, and jail time for shoplifters is likely more common than you imagine. That’s why it’s important to contact a shoplifting lawyer or criminal defense attorney who handles this charge. What you receive as a sentence depends on the details of your charges and the strength of your defense.
For example, states like New Jersey makes jail time a possibility for anyone who takes merchandise from a store. Moreover, a conviction can also affect your career and housing opportunities. Again, retaining the services of an experienced Wantagh, NY, shoplifting defense lawyer can often help you achieve a better outcome, including avoiding jail time whenever possible.
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Forms of Shoplifting
In most states, you can get arrested for one of five forms of shoplifting.
- Removing item(s). If you take merchandise out of a store on purpose with the intent to deprive the owner of the value of the item(s), you’re shoplifting.
- Concealing an item or items. Hiding what a merchant sells with the intent to take it without paying is also shoplifting.
- Changing or switching price tags. This type of activity is also called shoplifting.
- Under-ringing merchandise. Charging a price for an item(s), so it reflects less than the full retail price is defined as shoplifting as well. This form of shoplifting does not cover receiving money from fraudulent refund receipts. That’s because the offense defines merchandise going out of a store, not returned products.
- Transferring Merchandise into a Container. Transferring item(s) to a container to commit theft is another major form of shoplifting.
Punishments for Shoplifting Convictions
The fines and penalties imposed for shoplifters depend on the amount of merchandise stolen, whether it’s a first offense, and if the shoplifter is a minor or adult.
As an example, below are the fines and jail time possible for a shoplifting charge in New Jersey:
- Disorderly Person Offense. If you steal property up to $200, you might face six months in jail and a fine of up to $1,000.
- Fourth Degree Shoplifting Offense. If the property you steal is between $200 and $500, you may have to spend 18 months in prison and pay a fine of up to $10,000.
- Third Degree Shoplifting Charge. If you’re convicted of a third-degree shoplifting offense, you’ve stolen property valued between $500 and $75,000. This offense may lead to prison time from 3 to 5 years and a fine of up to $15,000.
- Second Degree Offense. Taking property worth over $75,000 can lead to 5 to 10 years in prison and the payment of a fine of up to $150,000.
A First Shoplifting Offense
Shoplifting is considered a serious charge. However, many first offenders believe they can skirt a jail or prison sentence, but this is not always the case. You should always contact a criminal defense attorney, even for a first offense. They can handle the legal process and tell you where you stand when facing this charge.
Penalties Usually Increase for Repeat Shoplifting Offenses
If you have been charged with shoplifting multiple times, the penalties and consequences will likely be greater than for a first offense. Repeat shoplifting offenses are considered more serious by the courts, and they often result in harsher punishments.
When determining the penalties for a repeat shoplifting offense, the court will take into account your prior criminal history and the severity of the current offense. If you have a history of previous shoplifting convictions, the court is more likely to impose stricter penalties, such as fines, probation, community service, or even jail time.
Repeat offenders are seen as a greater risk to society and are less likely to be given leniency or the benefit of the doubt. The court wants to discourage individuals from engaging in shoplifting behavior repeatedly, as it indicates a lack of remorse or willingness to change.
Additionally, repeat shoplifting offenses may also result in civil consequences, such as being barred from certain stores or shopping centers. Retailers have the right to protect their businesses and property, and they may take legal action to prevent habitual shoplifters from entering their premises.
Considering the potential consequences and the effects a shoplifting conviction can have on your future, always seek criminal defense representation if you are facing charges for a repeat offense.
Negotiating a Shoplifting Charge
Indeed, the right criminal defense attorney can often negotiate down a shoplifting charge or reduce the penalties. By retaining experienced legal counsel, you have the best opportunity to avoid jail or prison time.
Remember that, in most instances, a shoplifter is usually captured on a store camera from the moment of entry to the time they exit the store. As a result, many prosecutors find the cases easier to prosecute while criminal defense lawyers may find the charges challenging to defend.
Therefore, it’s best to work with a lawyer who will negotiate with a prosecutor to reduce the charge and seek probation instead of jail time.
Pretrial Intervention and Conditional Dismissal
You might apply for Pretrial Intervention (PTI) or a Conditional Dismissal to avoid a conviction and jail. These diversionary programs require probation in place of plea bargaining. You may qualify as long as you aren’t currently participating in a diversionary program and have not been convicted of an offense.
Not everyone who wants to enroll is accepted. Therefore, getting legal help is imperative.
Each diversionary program is set up to meet the facts of the shoplifting case. It may include supervision, community service, drug testing, and counseling. People who’ve been indicted and completely finish the program will have their charges dismissed and avoid a criminal history.
Arrange a Consultation with a Criminal Defense Lawyer Now About Your Shoplifting Charge
If you’ve been charged with shoplifting, you need to talk to a criminal defense lawyer experienced in representing defendants facing similar charges. The right lawyer will know how to develop a strong defense strategy with the goal of avoiding jail time whenever possible. Never delay in seeking criminal defense attorney.
I Have a Clean Driving Record: Can I Still Be Found Guilty for a First Traffic Violation?
If your driving record is clean, you may wonder if you should contact an experienced traffic law attorney when you receive a first traffic citation. The reality is that even a first ticket can have costly consequences. Having an attorney can help you understand your options if you’re facing your first driving offense and can minimize the penalties.
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How an Attorney Can Help You Fight a Traffic Violation
An experienced traffic violation lawyer knows what you can do to contest a traffic offense. They can speak to the prosecutor to see where you stand and how to proceed. You’ll have more success in court if an attorney accompanies you during the process.
Negotiation Skills
Prosecutors and traffic violation attorneys regularly communicate. By retaining legal counsel, you have a greater chance of getting your charges reduced or dismissed.
Ensuring a Clean Record
If you already have a clean driving record, you’ll have a better opportunity to get your traffic offense dismissed. Again, a lawyer can negotiate a deal that you wouldn’t obtain yourself from the prosecutor.
Preventing the Addition of Points on Your Driver’s License
If you can’t get a traffic violation dismissed, a lawyer might have the charge amended, so it won’t add points to your driver’s license and record. This is important, as collecting too many points can lead to extra fees and fines, surcharges, and a license suspension. You can end up paying more for your car insurance as well.
A lawyer who understands your charge and the alternatives can defer an unwanted violation and make everything more positive.
Reviewing Optional Penalties
If you do have a clean driving record, a lawyer may arrange for a conditional discharge or conditional dismissal to resolve a first-time offense. Under this diversionary program, you will complete a probation period and then pay court costs and fines. You just need to ensure your driving record remains clear during this span of time.
Setting More Positive Goals
Usually, an attorney’s first goal is to get a case dismissed. If you do have to proceed to court, your lawyer will plan a strategy for your defense, based on the circumstances of the case, to get the best possible results. By working with an attorney, you’re taking a more proactive stance – one that will ensure a fairer and more positive resolution.
The Best Case Scenario
You have a very good chance of not getting convicted of a traffic offense if you solicit the help of an attorney. Having an attorney at your side will prepare you for the next step. A case shouldn’t continue without good reason. Therefore, the best-case scenario is a dismissal. You’ll also get through the process more quickly and efficiently.
Traffic Violation FAQs
The following FAQs will hopefully give you a better idea about what you’re facing if you’re accused of your first traffic violation.
Can I Just Pay a Traffic Ticket Without Appearing in Court?
Yes, you can usually pay a fine online without a court appearance if the ticket does not require an appearance. However, it’s still a good idea to speak to a lawyer first if you wish to maintain a clean driving record.
So, if you receive a speeding ticket, you don’t necessarily have to go to court. Only higher traffic offenses lead to mandatory court dates.
However, it’s important to remember that if you want your case dismissed or don’t want to be found guilty, you will have to go to court.
How Long Does a Traffic Ticket Stay on Your DMV Record?
A traffic ticket might remain permanently on your Department of Motor Vehicles (DMV) history if you’re convicted.
How Long Does a Ticket Affect What You Pay for Insurance?
Usually, a ticket will increase your insurance premiums for three to five years. What you’ll pay depends on the policy and the severity of the violation.
Is It Possible to Pay for the Removal of Points on Your Driver’s License?
No, this is not an option. You must avoid points to begin with.
How Might an Attorney Negotiate a Speeding Violation?
Your lawyer might negotiate down your charge to an offense with zero points and a higher monetary penalty. (This is just an example of what a lawyer can do if you want to maintain future insurance costs or wish to avoid points.)
Contact a Traffic Defense Lawyer About Your Case Now – Don’t Delay
In most cases, it helps to get an objective legal opinion before paying a ticket and pleading guilty to a traffic offense. Learn more about your options by contacting a traffic defense lawyer today. Arrange a time for a case review and consultation right away.
When you schedule a consultation with a traffic lawyer, you can expect to receive advice and guidance tailored to your specific case. During the consultation, the lawyer will carefully review the details of your traffic ticket, including the circumstances surrounding the violation and any evidence that may exist.
They will ask you questions about your driving history, the events leading up to the ticket, and any previous legal issues you may have had. This information will help them understand the full context of your case and determine the best defense strategy to pursue.
Once the lawyer has gathered all the necessary information, they will provide you with an honest assessment of your options and the potential outcomes of each. They will explain the relevant traffic laws and regulations that apply to your case and outline the potential defenses they might use.
You can also expect the traffic lawyer to provide guidance on the steps you should take moving forward. They may recommend gathering additional evidence or witness statements, or suggest alternative options such as plea bargains or traffic school.
By consulting a Clifton criminal defense lawyer, you are putting yourself in the best position to achieve the most favorable outcome. With their experience and representation, you can feel confident in making informed decisions about how to proceed with your traffic ticket defense. So don’t hesitate to schedule a consultation and get the legal support you need.
NJ First-Time DUI Offense: What You Can Do to Fight Back
A first-time DUI can be upsetting. If you’re faced with a first-time DUI charge, you may face fines, license suspension, the installation of an ignition interlock device (IID), a commitment to a program at the Intoxicated Driver Resource Center (IDRC), and, in the worst case scenario, 30 days in jail.
However, you can get through the legal process with the help of an experienced DUI lawyer in New Jersey. An attorney who handles DUI cases can often present a defense that can reduce the charge, improve the outcome, or maybe even get an acquittal.
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The Arguments a DUI Lawyer Can Raise
A DUI lawyer will review all the factors of your case to determine the proper strategies for your defense. Below are some arguments a lawyer can raise.
Unlawful Motor Vehicle Stop
The Fourth Amendment and the New Jersey Constitution, Article 1, paragraph VII, allows all citizens the right to be free of unreasonable search and seizure. Therefore, a law enforcement officer must have a legal reason to pull you over or a reasonable suspicion that a crime or motor vehicle offense occurred.
If the state can’t meet the standard, evidence obtained from the stop can be held inadmissible during a trial or in court.
Vehicle Operation as an Issue
The issue of vehicle operation can also be used as a defense. For instance, you may be sitting in your car with the motor running and are getting ready to drive. Or, you could be parked in your car, engine running, but may prove you had no intent to drive away. For instance, your DUI lawyer might argue that you were listening to music or merely got in your car to keep warm. You have to operate the car with the intent to drive to be charged for DUI.
Unable to Provide Enough Evidence
The prosecutor must provide all the evidence for your DUI case. If the state does not share all discovery content and evidence, your DUI attorney may file a motion to compel the other side to produce the required evidence. If the state fails to comply with the resulting court order, it may lead to a dismissal of the case.
An Inaccurate or Invalid SFST
Before you’re arrested for DUI, you may undergo one or more standardized field sobriety tests (SFSTs). These tests include the walk-and-turn, horizontal gaze nystagmus (HGN eye test), and one-leg stand. Law enforcement uses the test results to show intoxication. However, it’s important to note that in New Jersey, HGN eye test results can’t be used against a defendant.
According to the National Highway Traffic Safety Administration (NHTSA), the walk-and-turn test has an accuracy rate of about 66 percent. Other factors, including a defendant’s weight, age, and medical and physical condition, may also alter the validity of SFSTs.
Sometimes, non-standardized field sobriety tests are used to determine intoxication. These tests may include reciting the alphabet backward, counting backward, or touching the finger to the nose. The NHTSA does not endorse non-standardized tests as solid indicators of intoxication.
Your DUI attorney will look at any tests you were given outside the required breathalyzer test to build a defense for your DUI offense.
Mobile Video Recorder (MVR) Evidence
Some police departments take MVR recordings of your vehicle stop and the administration of SFSTs. Videos are used to show your mental and physical condition when you were arrested.
You are entitled to receive a copy of videos and the evidence related to your DUI arrest. Sometimes, videos can be used to prove that you performed better on FSTs than what the officer reported in their police report. Failing to produce the videos or their destruction often leads to a dismissal.
Not Reading Implied Consent Warnings
Anyone who faces DUI in New Jersey must have a standardized statement read to them that was drafted and approved by the state’s Attorney General’s office. This statement must be read in a language the defendant understands. If you’re not an English speaker, failure to read the statement for the implied consent warning in your language may lead to a case dismissal.
Violations of the Miranda Rights
The U.S. Constitution requires a police officer to inform a DUI suspect that they’re under arrest and must advise them of their Miranda Rights. The Rights include the following information:
- You have a right to contact an attorney
- If you can’t afford an attorney, you have a right to court-appointed legal counsel
- You have the right to remain silent
Any statements made after you’re advised of your rights may be used by the prosecutor in a court of law.
Alcotest 7110 Certification Issues
A law enforcement officer who uses the breathalyzer Alcotest 7110 device during an arrest in New Jersey must be trained and certified in the machine’s use. Certifications should be current, and copies should be given to your attorney.
If a law enforcement officer is not certified, the breath test results can’t be admitted in court. The device also must be inspected and recalibrated regularly. This process must be documented and completed within a certain period. Documents are provided at trial to show that the machine was operational when the breath sample was taken. Otherwise, any results from the testing may be held to be inadmissible.
Your DUI lawyer should have in-depth knowledge of how the Alcotest 7110 device should be administered and maintained so any evidence from the device is valid and fair.
Failure to Perform a 20-Minute Observation
The alcohol in your mouth can affect the accuracy of your breath sample. The alcohol may be present if you’re chewing gum or you vomit. Therefore, the Supreme Court requires a 20-minute observation of anyone submitting a breath test. If this isn’t done, the DUI charges may get dismissed.
Incorrect Blood Collection or Blood Test
Law enforcement officers are required to follow specific steps for drawing blood. These procedures are different from those used by hospital or EMT staff members. Failure to follow the right protocol may result in inadmissible results. In addition, the law in New Jersey requires the police to obtain a search warrant before a defendant’s blood can be taken without consent.
Forced to Provide a Blood or Urine Sample
You can’t be forced to submit to a blood or urine sample in New Jersey. Therefore, the evidence may be inadmissible if a suspect is forced to provide these samples. A refusal is only applicable to breath tastes.
DRE Evidence
You can’t drive in New Jersey while under the influence of oxycodone, heroin, or cocaine. Some law enforcement officers receive training to perform Drug Recognition Evaluations (DREs). However, this information is not totally dependable evidence when proving guilt beyond a reasonable doubt.
Medical Conditions
Some medical conditions may negatively impact the prosecutor’s proof of intoxication. That’s because some medical ailments mimic intoxication. For instance, diabetes or a prior ankle or knee injury may replicate drunkenness. Other medical conditions affect the validity of the breathalyzer test. These conditions may include the presence of blood in the mouth, postnasal drip, or gastroesophageal reflux disease (GERD).
Testimonies of Expert and Individual Witnesses
Witness testimony can be used to build a defense, especially when your sobriety and behavior are questioned.
Police Reports
In some cases, inconsistencies in police reports can be used to build a compelling defense.
Contact a DUI Defense Lawyer about Your NJ DUI Case Now
To ensure that your DUI defense covers all the bases, you should always speak with a reputable and knowledgeable DUI lawyer. Learn more about your rights and the defense strategies open to you. Contact a New Jersey criminal defense attorney right away.
How Can An Attorney Help Me Change My Name Legally?
While changing your name may seem straightforward, it’s still better to ask for a name change attorney’s help to ensure you make things official and go through the steps hassle-free.
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The Benefits of Contacting a Name Change Lawyer
Your attorney can help by:
- Making sure all the forms are filled out correctly and filed properly to reduce any problems with delays.
- Advising you on the legal implications of a name change.
- Guiding you if you run into complications or have a criminal history. (Helping with the required criminal background check.)
- Representing you in court and presenting your case effectively.
- Handling the newspaper publication requirement.
- Directing you on updating your name on various documents, such as your state I.D., driver’s license, passport, or financial accounts.
Why go it alone when an attorney can speed up the process and help you stay organized?
Common Reasons Why People Change Their Names
People change their name for one of various reasons, including the following:
- They simply don’t like their birth name. Some people find their name embarrassing if it’s misspelled or mispronounced. It can get tiresome socially to repeatedly correct a person’s interpretation of your name.
- They wish to change their name after a divorce. Some women wish to reclaim their maiden name after they’ve divorced or change their name completely.
- Some husbands wish to take their wife’s surname instead of vice versa. The process is quite simple in some states, while in others, you need to go through a more complicated process.
- In some cases, a mother may want to change their child’s surname to hers if the father is no longer in the picture.
- Some couples may create a new surname by using parts of each other’s name by hyphenating the two last names and making a new joint surname. This can be simple or more detailed, depending on the state. Therefore, it helps to get a lawyer’s advice before you begin.
- Some people want their names to be less ethnic so others find them easier to spell and pronounce. Others may want to reclaim their ethnic heritage by changing their surname to one that’s been lost over time.
- Transgender people may request a name change to reflect the gender they identify with – maybe to the feminine or masculine version of their current name or by choosing a whole new name altogether.
- Some people change their name because of a recent religious conversion or for religious reasons.
- Same-sex partners may choose to share a surname so they can conveniently complete financial or legal paperwork.
- Some families who adopt want a name change so everyone’s last name matches.
Also, you may need a lawyer’s advice if you’re a researcher or other academic professional planning to marry. Changing your name can affect your work and how you’re perceived in academic and scientific journals.
Whatever your reason for a name change, a name change attorney will navigate through the process with more confidence and less conflict. Again, you will spend less time changing your name with an attorney’s assistance. They can efficiently present your case, correctly fill out the paperwork, and make sure all the documents are filed properly. They can also keep you on track after a name change, so you can add your new name to your financial accounts and I.D.s.
Name Change FAQs
Do you have questions about legally changing your name? If so, the following FAQs will help answer your questions. That way, you can contact an attorney and take the necessary steps more easily.
How Long Does a Name Change Usually Take?
On average, it takes about 60 to 90 days to legally change a name.
Is a Court Appearance Required?
It depends on the judge or court managing your case. If a court appearance is necessary, a name change lawyer will prepare for the hearing. They will also answer questions from the court on your behalf.
Should I Change My Name in My State of Birth or in the State Where I Currently Live?
When you submit the legal paperwork for a name change, you should do so where you currently live.
Should I Still Legally Change My Name if I Just Want to Change the Spelling of My First Name?
Whether you make a complete name change or just wish to make a minor change to your first name, middle name, or surname, you still have to go through the legal process.
If a Formal Name Change Necessary If I Only Wish to Correct My Name
If you only wish to correct your name on vital records, it’s best to contact the office of Vital Statistics where you live to find out more about correcting your name.
How Do I Change My Name if I’m Planning to Marry or Get a Divorce?
You don’t need to have your name officially changed through the name change process if you’ve recently married or divorced. You can simply sign the marriage certificate, or if you go through a divorce, you can resume using the prior surname after the dissolution.
How Do I Change My Child’s Last Name If I’m Adopting Them?
A formal legal court-ordered name change is not required if the name change is related to an adoption or paternity action. A child’s name or your name will be changed in connection with the activity.
What Happens if a Person Who Wants a Name Change is Under 18 Years Old?
When a minor requests a name change, both biological parents must consent to the change request. If there’s any objection, the court will decide based on the best interests of the child.
Does a Person Requesting a Name Change Have to Be a U.S. Citizen?
Applicants do not have to be U.S. citizens. Name changes apply to permanent residents and people born in the U.S. However, a permanent resident alien does have to report a name change to the U.S. Department of Homeland Security.
What Happens If the Name Change is Requested Out of Concern for Personal Safety?
When a person changes their name out of concern for their safety, the application for the name change may be sealed or not made available to the public. If there’s a well-founded concern, your attorney can help you with sealing the application.
Contact a Name Change Attorney About the Process Now
Whether you are changing your name to begin a new chapter in your life or you wish to alter a name that is difficult to pronounce, you’ll find it easier to do so with a lawyer’s help.
Contact a name change attorney to streamline and successfully complete the change process. Ensure you get your questions answered and that everything is filled out without difficulty. Schedule an appointment with a name change lawyer today.
What Happens If You Refuse a Breathalyzer Test?
A Breathalyzer is a required test when you are suspected of DWI. Your refusal to take the test can be used against you in the courtroom and result in the immediate suspension of your driver’s license.
It’s always best to consult a DWI defense attorney if officers stopped you for drunk driving. They can often achieve a better outcome if you’re charged with driving while under the influence of alcohol and/or a refusal of a Breathalyzer.
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The Law of Implied Consent
When you’re issued a driver’s license, you give your implied consent, by law, to submit to chemical tests – Breathalyzer, blood test, or urine sample. This lawful consent is a type of trade-off for the privilege of driving a car. Implied consent is, therefore, a permission or an agreement that is not directly expressed but understood.
The Pros and Cons of Taking a Breathalyzer Test
While a refusal to take a breath test does not give a prosecutor concrete proof of your blood alcohol content, an arresting officer can still testify to the smell of alcohol, bloodshot eyes, erratic driving, or unsteadiness on your feet to prove intoxication.
A Breathalyzer is not infallible. Therefore, attorneys can can frequently challenge these tests in court. Refusing a test denotes a consciousness of guilt. If you go ahead and take the test then and are on the borderline of a legal reading (.08 percent BAC), you may still have your case dismissed.
However, if you’re notably drunk, it may be better not to take the test, as you can’t fully challenge the results, even if they’re slightly erroneous. The test, if taken, may show proof that your BAC is well above the legal limit for a DUI/DWI charge.
This may increase your penalties and jail time. In this situation, it may be better to fight the charge rather than deal with the specter of a high and incriminating test result.
Examples of Legal Breathalyzer Refusals
If you refuse the Breathalyzer test, you’ll be charged for refusing the test. Even if you don’t clearly agree to the test, it can be seen as a refusal. An ambiguous response, conditional response, or silence is considered the same as a direct refusal.
Silence
To agree to a Breathalyzer test, the accused must show a willingness to take the test. While you have the right to remain silent, this right does not apply to consenting to a Breathalyzer test. In this case, your silence is construed as a refusal.
Insufficient Samples
Sometimes, after consenting to a Breathalyzer, a person intentionally minimizes the air they blow into the machine or cannot provide enough air to register a valid reading. This result can also be considered a refusal.
Outright Refusal
When you give the officer a flat “no,” a summons for the refusal is automatically filed, and your license is suspended. In the interim, you can also lose the right to have a conditional license.
Delaying the Test
This type of refusal happens when a person attempts to delay the testing. Any efforts to stall the test may be interpreted as a refusal.
Conditional Consent
You should say “no” or “yes” when asked to perform a Breathalyzer test. Saying anything other than an affirmative and unconditional response is considered a refusal.
If you refuse to submit to the test, you may still be charged with driving while intoxicated or under the influence. Police do not need the test to convict you of the crime. If they have probable cause, it’s enough to make an arrest.
The Penalties for Refusing
Refusing a Breathalyzer test is considered a separate traffic violation, which triggers an instant license suspension. For a first offense, you may have your license suspended for as long as a year and pay a penalty of up to $500. Repeat offenders face larger fines and longer suspensions. Regardless of the form a refusal takes, it can get pretty expensive.
Your Miranda Rights versus Your Right to a Refusal
Your right to refuse a Breathalyzer test is your right alone. Don’t confuse this right with your Miranda Rights – such as the right to remain silent or have a lawyer present.
Once the Breathalyzer test is confirmed, a police officer may read you your Miranda Rights. Then, immediately contact a DWI attorney about your DWI arrest and do not answer police questions.
Field Sobriety Testing
Besides chemical tests, the police may administer field sobriety tests (FSTs). Tests include the walk and turn, the horizontal gaze nystagmus (HGN), and the one-leg stand.
These tests are often given roadside. Unlike the chemical tests, you won’t get into trouble if you refuse these tests. If you haven’t been drinking or are not impaired, you might go on your way without an arrest.
If you fail a field sobriety test, an officer has enough proof for probable cause to make an arrest. They will also have the evidence needed for a prosecutor to present a case at trial.
Even if you refuse FSTs, you’ll usually be arrested for DWI, and your refusal, while lawful, will still be admissible at trial. While a refusal creates a negative inference, it still is a much weaker form of evidence than if the police have video proof of your failing an FST. So, if you’re intoxicated, you may be better off if you don’t submit to an FST and take the Breathalyzer once you get to the station.
What a Criminal Defense Lawyer Will Examine If You’ve Refused Testing
A criminal defense lawyer who handles DWI cases will assess the circumstances of a Breathalyzer refusal by asking specific questions. These questions review the level of intoxication, the legal procedures for testing, and the defendant’s understanding of taking or refusing the test.
Questions a Lawyer May Ask
For example, a lawyer may ask the following questions:
- Did the police have enough of a reason to believe the accused should be tested for intoxication?
- Did the police officer inform the driver of their rights regarding the test?
- Did the defendant refuse the Breathalyzer, or was there a language barrier?
- Did the defendant understand what the police officer was requesting?
When a DWI attorney handles these cases regularly, they have the knowledge and experience to identify issues with your charges – issues that may reveal a charge for a Breathalyzer refusal was improper and, therefore, should be dismissed.
Your Rights for Submitting to a Breathalyzer Test
When you take a breath test, the police should inform you of your rights and the penalties for refusing the test.
The arresting officer must advise you of what will occur if you don’t follow the law for implied consent for chemical testing. They will advise you that you don’t need a lawyer present when you take the assessment.
They may also indicate that you’ll be issued a summons or that you’ll be separately charged for the refusal. Any revocation or suspension for the refusal is separate from the DWI charge. When they ask if you’ll submit samples of your breath, you should directly answer “yes” or “no.” You should clearly state your answer so that it’s straightforward and not confusing or ambiguous.
The Two Types of Breathalyzer Tests
Breathalyzers are preliminary alcohol screening (PAS) tests or evidential breath tests (EBTs). The police use small portable handheld devices for PAS testing in the field. Because of their size and portability, they’re not always accurate.
If the police stop you for suspicion of DWI, pull you over for a traffic violation, or you get involved in an accident, they may ask you to take a preliminary breath test or PAS assessment. This test is also called a portable breath test (PBT) and is performed, as mentioned, with a handheld device.
While you’ll probably be arrested for DWI, a PBT is not usually admissible at trial. Again, portable Breathalyzers are not always reliable, so they’re not deemed admissible in court.
The EBTs are the larger, stationary machines featured in police stations. A police officer may use the PAS device before they make an arrest and then use an EBT to validate the test results.
BAC Levels
While the BAC level in most states is .08 percent, it helps to know how BAC levels can impact a person’s abilities and perceptions. Below are BAC levels and how they relate to the physical and cognitive effects of drinking alcohol.
- 0.01 to 0.05 – The person feels a slight buzz, less inhibited and alert.
- 0.06 to 0.10 – Emotional, sleepy, numb, and a reduced memory. The coordination is also affected.
- 0.11 to 0.20 – Shifts in mood, mania, and improper behavior.
- 0.21 to 0.30 – Depression, aggressiveness, blurred vision, and poor reasoning.
- 0.31 to 0.40 – Unconsciousness or coma.
- 0.41+ – Possible death.
Techniques Used to Measure BAC
A Breathalyzer may use different methods to measure a person’s BAC. Breathalyzers are made with semiconductors, infrared optical sensors, and electrochemical fuel cells to measure BAC results. Researchers are also developing Breathalyzer devices that are compatible with smart devices.
For instance, when an infrared cell is used, the cell directs infrared energy through the breath sample with the unabsorbed energy used to detect the BAC. The higher the concentration of the ethanol, the more infrared absorption occurs. This can be likened to a sunglass lens absorbing visible light.
The accuracy of the breath sample depends on the volume of deep lung (alveolar) air. As a driver breathes out, the device monitors the expired air using an infrared cell. The concentration of the ethanol escalates as the sample breath is analyzed, ensuring a precise alcohol reading. The volume of air a person blows depends on the size of their lungs.
If alcohol is in the mouth, the ethanol concentration quickly peaks when an evidential test is given. If an infrared cell monitors the breath profile and detects this peak, the test is aborted, and a blood test is ordered instead. Sometimes, devices register an interfering substance, which aborts the breath test and requires blood testing.
How a DWI Lawyer Can Help You If You’ve Refused a Breathalyzer Test or Arrested for DWI
If you refused a Breathalyzer test and were convicted of DWI, you must speak to a DWI attorney about your case. They can benefit you in the following ways.
Challenging a Breathalyzer Refusal
A DWI attorney can challenge the legality of the refusal, arguing that you may not have been properly advised of the consequences or that the police lacked probable cause to request the test.
Suppression of Evidence
A DWI attorney can file motions to suppress evidence not obtained legally, such as arrests without probable cause, violations of your constitutional rights during an arrest, or an improper traffic stop.
Plea Bargaining or Negotiation
If the evidence against you is strong, a DWI attorney can, in some instances, reduce the charges through plea bargaining.
However, some states, such as New Jersey, will not allow plea bargaining for a first Breathalyzer refusal or DWI. In these cases, a lawyer may find another way to minimize the consequences of the arrest. For example, they may offer mitigating circumstances or alternative options for sentencing.
For DWI offenders who spend time in jail, the sentence, on average, is 11 months – almost a year. That’s why you must speak to a DWI lawyer. They can help you stay out of jail and pay restitution with fewer penalties.
Challenging the Test Results for the Chemical Test
Your attorney may challenge the accuracy and reliability of the Breathalyzer test results if you agree to the testing. They may challenge the processes used to collect and analyze the samples or argue that the equipment was improperly calibrated or configured.
Appealing the Conviction
If you’ve already been convicted of a DWI, an attorney can file an appeal, proving that certain procedural violations or a legal error occurred during the trial. Doing so may lead to a new trial or a reversal of the DWI conviction.
Contact a DWI Lawyer Today
Refusing a Breathalyzer test carries major consequences, including the suspension of your driver’s license and potential fines and jail time. Even for a first offense, you may be facing these penalties. By relying on the skills of a New Jersey criminal defense lawyer , you can work to minimize the penalties and protect your rights throughout the legal process.
Revoked Licenses for Repeat Alcohol and Drug Related Offenses in New York and New Jersey
Driving under the influence of drugs or alcohol can lead to fatalities. Therefore, if you receive a DWI charge, you may sober up pretty fast when you make this realization. If you receive multiple DWI convictions, the court may determine that you’re not fit to drive.
Needless to say, if you’re facing another DWI or DUI charge, you need to talk to a DWI/DUI defense lawyer. An attorney can recommend the best course of action if you have been arrested again for driving while under the influence. Sometimes, they can help you beat the charge if there was a procedural error during the arrest.
Given that about 300 people are killed in New York City in alcohol-related car accidents each year, the law does not take repeated alcohol or drug-related offenses lightly. Moreover, out of that number, about one-third of the incidents involve a driver who has had three prior DWI arrests and convictions.
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How a Revoked License Can Affect You
Wherever you live or work, a revoked license can make life difficult. For instance, if you receive a DMV notice in New York that your license or driving privileges have been revoked, your driver’s license is canceled. Therefore, you can’t drive until the revocation period ends.
While you can get a conditional license to drive in New York after a DWI arrest, you don’t have this advantage, for example, in New Jersey. You can’t operate a vehicle until your suspension or revocation period ends.
A revoked license can impact your ability to do daily tasks, such as grocery shopping, getting to and from work, or how you relate to others. If you can’t drive, you can face difficulties in other areas of your life.
Some people experience depression or an extra stain on their personal relationships. That’s why you should always seek legal guidance when you are facing an alcohol or drug-related driving offense and conviction.
The Difference Between a Revocation and Suspension
Technically, a license suspension temporarily removes driving privileges, while a revocation is considered more permanent. In either case, you must petition the court to regain your driving privileges. It’s just more difficult after a revocation. Naturally, the steps you need to take depend on your jurisdiction. So, it’s best to talk to a DWI attorney to determine how to proceed.
How Long Will You Have to Wait to Drive Again?
Your revocation period may span six months to a year, with penalties ranging from $500 to $10,000. You may also have to spend from one to seven years in jail. It just depends on how many times you’ve been arrested and convicted for driving in an inebriated state. Your frequency of arrest and convictions are also considered.
For example, a DWI or DWAI-drug (driving while ability impaired) violation in New York is an E felony that applies to a second conviction that happens within a 10-year period. A third DWI/DWAI-drug violation within ten years is a D felony.
Getting Your License Revoked for Life
You may lose your driving privileges forever if you have too many violations within 10 years. Therefore, a DWI attorney can offer helpful advice and guidance if you face this situation.
Besides DUI/DWI offenses, reckless driving or aggravating factors can lead to a lifetime revocation of a person’s driving privileges.
Examples of Reckless Driving
Driving dangerously or recklessly is the fastest way to receive a lifetime suspension. In addition to violations that involve DUI or DWI, other offenses, such as vehicular assault, reckless driving, involuntary manslaughter, and aggravated vehicular homicide, can banish your right to drive.
Aggravating Factors in Driving Crimes
If you’re convicted of a driving crime with an aggravating factor, it elevates the degree of the charged crime, which may also lead to a permanent driver’s license revocation. Aggravating factors may include the following:
- Driving while discharging a firearm or using a weapon
- Driving while under the influence of a controlled substance, illegal drug, and/or alcohol
- Driving with an invalid license, if your license is revoked, suspended, or forged
- Driving recklessly with a criminal history that already contains the same or similar driving crimes
- Speeding or driving to escape law enforcement
Habitual DUI/DWI Convictions – Repeat Offenders
In the cases of habitual offenses for DUI or DWI, repeat offenders increase their odds of completely losing their right to drive. For example, if you’re convicted of DWI/DUI three or four times, you’re more likely to forfeit your privilege to drive.
Examples of Crack-Downs for Alcohol and Drug-Related Arrests and Convictions
Suspending or revoking a driver’s license is a mandatory penalty in many U.S. states for driving under the influence. While all states have tough punishments for drivers who drive after drinking or taking drugs, some states have cracked down on the problem.
For instance, both New York and New Jersey have some of the toughest traffic and drunk driving laws in the U.S.
New Jersey Laws for Driver’s License Suspension for DUID and Other Drug Charges
In New Jersey, for example, you can get your license suspended if you get convicted of driving under the influence of drugs, which is a DUID, or if you’re found in possession or under the influence of a controlled dangerous substance (CDS) while driving.
This can also apply if you were not driving at the time. If you receive a third conviction for DUID or driving while under the influence of alcohol, you can receive a license suspension for up to 10 years.
Denials for Reinstatements in New York
In New York, the DMV has reviewed thousands of applications for driver’s license reinstatements for drivers with multiple alcohol and drug-related driving offenses.
According to reports, about 1,500 applications were denied re-licensing if they had five or more alcohol—or drug-related convictions. Some applicants, who had three or four convictions for driving while under the influence within a period of 25 years, were also denied if they had a serious driving violation. These violations included reckless driving or a fatal crash.
Learn More About Your Rights Today: Contact a DWI Lawyer
If you’re charged with a drug or alcohol-related offense, you can face more than just a bad driving record. The law is cracking down on multiple offenses. That’s why you must consult a criminal defense attorney in New York & New Jersey to understand your rights and what you can do about a license revocation. Only with an attorney’s help will you realize a more positive outcome.
New York Traffic Ticket Appeals
You may think you were wrongly accused and convicted of a traffic ticket violation unfairly. If this is the case, contact a traffic ticket attorney in New York immediately. They can direct you in completing all necessary forms and filing the paperwork. They can also review your documents to ensure everything gets completed properly.
While you can conveniently appeal a Traffic Violations Bureau (TVB) conviction by mail or online, consult a traffic lawyer for a speedier process and a better chance of a favorable outcome to your case.
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Rules and Guidelines for Appealing a Traffic Ticket Conviction
You have to file an appeal 30 days from the conviction date. You’ll need to pay a $10 non-refundable fee as well. Just because you submit an appeal online or by mail does not mean acceptance of the legal request.
The DMV Appeals Board still has to decide if the appeal meets certain legal requirements.
The words Traffic Violations Bureau must appear at the bottom of your traffic ticket. You can’t file an appeal with the DMV if you don’t see the words on the ticket.
If the words do appear, you’ll receive a three-digit code that you can use later to review the status of the online request. You can appeal one conviction at a time online.
Gathering the Required Information
To appeal online, you’ll need:
- The DMV ID number from your New York driver’s license, learner’s permit, or non-driver’s photo ID card
- Your name, birth date, and gender, as shown on the traffic ticket
- Your mailing address (If the address is different from your DMV address, the system will not instantly update the address you have on file with the DMV)
- An appeal argument explaining the reasons for appealing the ticket
- Your attorney’s name and mailing address or the traffic ticket lawyer representing you in your case
- If you’re requesting a stay of a driver’s license suspension or revocation resulting from the conviction, you’ll need to submit a Stay Argument in writing
Important Rules to Remember When Submitting an Appeal Online
Exhibits and Arguments That You Can’t File Online
If you cannot submit exhibits or arguments online, or they won’t fit into the provided space, you can mail them to the DMV.
Any evidence, documents, or exhibits not considered by a hearing officer can’t be filed with the appeal. A traffic ticket attorney can organize and properly submit the correct exhibits and arguments.
You Cannot Cancel an Online Appeal
After you confirm your information or submit the details for the appeal, you can’t go back and cancel the appeal.
You Cannot Edit an Online Appeal
When submitting an appeal online, you can’t edit the appeal argument or additional appeal arguments after filing them online.
You Might Include Additional Appeal Arguments
If you request a transcript for review for your online appeal, you may submit an extra appeal argument within 30 days of receiving the ordered transcript.
To enter an additional argument, you’ll need to insert the traffic ticket number and your DMV ID number from your driver’s license, learner’s permit, or non-driver photo ID. You may also submit your name, date of birth, or three-digit code to submit the additional argument.
Submitting an Appeal for a Traffic Ticket by Mail
If you choose to appeal by mail, you must mail a Traffic Violations Bureau Appeal form and the $10 appeal fee to the board for appeals in Albany.
Winning an Appeal for a Traffic Ticket Violation
It’s important to consult with a traffic ticket lawyer if you feel you were wrongly convicted of a traffic violation and received a ticket in error. An attorney can review the circumstances of the case and advise you on the success of submitting an appeal.
Remember, you won’t win an appeal unless you can argue successfully that an officer’s version of the events is incorrect or the judge made a legal error. Therefore, talk to an attorney before you appeal a traffic ticket or similar offense.
Breaking the Speed Limit – How It Affects Your Driving Record
Below are the points New York issues for violating speed limits:
- Up to 10 miles over the posted speed limit – three points
- 11 to 20 miles over the speed limit – four points
- 21 to 30 miles over the speed limit – six points
- 31 to 40 miles over the speed limit – eight points
If you drive 40 miles over the speed limit, you’ll be assessed 11 points.
Points for Other Moving Violations
Improper passing adds three points to your license. You’ll also receive three points for disobeying a stop, yield, or traffic control sign.
Driving over a railroad crossing when you were supposed to stop adds five points to your license. You’ll also accumulate five points if you’re caught texting while driving.
Improperly turning or not using a turn signal when turning adds two points to your driver’s license.
How Long a Violation and Points Stay on Your Record and License
A traffic violation stays on a New York driving record three years after a conviction. The points you accumulate count for 18 months from the date of the offense. You can face a suspension if you collect 11 points within 18 months.
Parking Tickets and Points
If you get a parking ticket, it will not result in points. This non-moving violation does not end up on your driving record since the law does not consider it a safety violation.
Situations When an Appeal is Advisable
Not every traffic violation is straightforward. You can argue your case if you want to reduce the fine or dispute the ticket. Again, consulting with a traffic attorney can get the advice you need to see if it’s worth moving forward.
You might go ahead with an appeal in the following instances:
It’s Your First Ticket
If you receive a first traffic ticket, you may worry about keeping your driving record clean. After all, a driver with a ticket-free record pays lower auto insurance rates. Drivers without tickets may also qualify for discounts for safe driving.
You Don’t Want to Add More Points
If your point total is dangerously close to a suspension, you might appeal a ticket if you believe the ticket was unfair. In this case, you have nothing to lose and everything to gain. A traffic ticket attorney can direct you on the best course of action to take.
The Law Enforcement Officer Pulled Over Your Car By Mistake
A traffic enforcement officer may have pulled you over when a driver in a similar-looking vehicle actually violated the law. A dashcam or another video of an obstruction at the scene may demonstrate the error.
You Broke a Traffic Law to Prevent an Auto Accident
Maybe you’re given a ticket for not using your signal when changing lanes. In this case, the omission may have occurred to avoid an accident. This may hold true as well if you go over the speed limit to avoid a dangerous or out-of-control car.
You also might fight a ticket if you had to pull over quickly, without a signal, due to a mechanical issue. A mechanical issue might also cause you to drive on the shoulder of the road or slow down to a crawl.
You Receive a Ticket for Speeding Even When You’re Driving Safely
You may fight a ticket if you were slightly over the speed limit, provided the conditions were safe and you were trying to keep pace with the traffic flow.
A Radar Gun Was Responsible for Your Ticket
Sometimes, an incorrectly calibrated radar gun can result in a faulty reading.
You Notice Mistakes on Your Parking Ticket
A ticket might show the wrong road or highway or refer to the wrong moving violation.
When It’s Better to Pay the Ticket and Avoid an Appeal
It’s better to just pay the ticket if:
- The ticket concerns a non-moving violation and won’t add points to your license
- A traffic camera at a red light captured you speeding
- Your defense is – you didn’t know the law
Also, if you drive safely and do not expect to receive a ticket in the future, it may be better to move forward by paying the fine.
Reducing Points and the Costs of Insurance through PRIP in New York
There might be other ways to reduce your points without appealing a conviction. For example, you can drop up to four points off your license if you sign up for a point and reduction (PRIP) program in New York.
As the name suggests, this program can also lower what you pay in insurance. Again, a traffic ticket attorney is an important ally if you believe you should fight a ticket conviction.
You and your lawyer might think about fighting a speeding ticket, for instance, if you receive a ticket that increases your insurance. This is especially true if you feel you weren’t exceeding the speed limit and/or haven’t received prior convictions.
Why It’s Best to Work With a Traffic Ticket Lawyer
While you can file documents and forms online for a traffic ticket appeal, a lawyer will add valuable assistance. Ensure the attorney you recruit practices this type of law in New York. Read their reviews and find out more about their educational and professional background.
Below are some major advantages you’ll experience when working with a lawyer.
A Full Assessment of Your Case
Your attorney will review all the ticket details, the incident’s circumstances, and consider the evidence. They can use this information to advise you on the likelihood that you’ll win and whether it’s worth your effort.
Better Communications
Traffic laws and procedures can be confusing. Because a traffic ticket attorney is well-versed in specific regulations and rules, they can direct you through the appeals process, ensuring you follow the required steps and meet the deadlines.
A Reduction or Dismissal of the Charges
A traffic attorney may reduce your charges and present a strong defense on your behalf. For example, they might cross-examine the officer who issued the citation and challenge the evidence. This may lead to a reduction or, better yet, a dismissal of the charges.
Added Protection
Because a ticket conviction can add points to your driving record or increase your insurance rates, the services of an attorney can help minimize these possible consequences, thereby protecting your driving record.
Better Organization and Management
Because you have a variety of documents and motions to file, an attorney can relieve the burden. They can handle administrative tasks accurately, ensuring every aspect of the appeals process goes as planned.
While you may pay more to hire a traffic ticket attorney, their knowledge can significantly improve the results of the appeals process.
How Much Money Can You Save By Winning an Appeal?
What you save by winning an appeal can vary, depending on the location and specific moving violation. Fees for moving violations in New York may range from around $140 to $700 for reckless driving. Even exceeding the speed limit by two miles per hour can lead to a fine of over $100.
It’s important to note, as well, that you’ll enjoy potential savings by avoiding added points to your driving record, which increases insurance rates and may even lead to a license suspension. You may need to pay additional fees or surcharges.
An experienced traffic ticket lawyer can calculate the savings and give you a more precise estimate based on the details and the local laws.
If a successful appeal can save you almost 20 percent of what you pay for insurance, hire an attorney to appeal.
Contact a New York Traffic Ticket Attorney Now
The best way to understand your rights in a traffic ticket appeal is to discuss your situation with a traffic lawyer. They have an intricate knowledge of traffic laws and the appeals process and can also seek a more positive outcome. Consult a criminal defense lawyer right away.
How to Use Dashcam Footage to Fight a New York Speeding Ticket Violation
You can use your dashboard’s camera to your advantage, whether traveling on a long journey or driving a daily commute.
You can use the camera to show who is at fault in an accident or record footage to fight a speeding ticket in New York.
If you receive an unfair speeding ticket, contact a speeding ticket attorney.
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Dashcam Features
A dashcam is popular among commercial drivers, transport companies, fleet owners, and motorists, as the device provides both versatility and security.
You can use a dashcam to fight the charge if you receive a speeding ticket. Most dashcams have GPS capabilities that record your location and speed.
Some camera models feature speed alerts that warn you when you exceed the posted speed limit while traveling.
High Resolution
When you’re fighting a speeding ticket in New York, you want to make sure the resolution of the dashcam’s footage is good.
A high-definition (HD) camera with good resolution can show the posted speed, which may further support your claim that you did not break the speed limit.
Otherwise, you may not use the evidence in court. It helps if your camera features night vision capabilities that capture the road in low-light conditions.
Impact Sensors
Some cameras have impact sensors, which detect G-forces or vibrations during an accident. This feature can determine the severity of an incident and provide important details for insurance purposes.
Wi-Fi Connectivity
Wi-Fi connectivity allows you to view dashcam footage with your tablet or smartphone—a helpful feature when you’re not in your vehicle or need to present evidence in court.
You can fight a speeding ticket with the information from your dashcam device. Because New York strictly enforces traffic laws, having a dashcam recording of your speed can save you from paying a fine or keep you from accumulating points on your driving record.
The Points System
A speeding ticket may cause you to add three to 11 points to your driving record, depending on how fast you were going over the speed limit when you were caught speeding. Receiving 11 points within 18 months can lead to a suspension of your license or driving privileges.
With a dashcam to record your speed, you may use your device to spar with the cameras and radar used by police and New York jurisdictions.
Understanding the Laws for Speeding in New York
New York operates under a system that, again, supports strict speed regulations, using automated speed cameras and law enforcement support.
Speed Limits in New York
The speed limit throughout New York is lower than in other states. The maximum speed limit is 55 miles per hour unless signs indicate another speed. On the state’s interstate highways, such as I-495 and I-787, the speed limit drops to 40 miles per hour.
New York follows a “reasonable and prudent” limit law. This legislation requires you to adapt your speed to avoid accidents, depending on road conditions and the weather.
A conviction or guilty plea carries a maximum fine of $150 plus a required surcharge of $93, or $88 in New York City. So, you can save a great deal of money if you can prove you weren’t speeding with a dashcam in place.
You might even save your job. Some commercial truck drivers can lose their jobs if caught speeding and do not have the evidence to defend themselves.
The following list gives the speed limits established for different areas:
- Within the city limits – 25 to 45 miles per hour
- Highways outside of cities – 55 miles per hour
- Interstates – 55 to 65 miles per hour
How a Dashcam Can Help You Fight a Speeding Ticket
A dashcam’s primary advantage is its unbiased account of events.
If properly configured and maintained, it can capture a wide array of relevant data:
- Actual Speed: Some dashcams have GPS technology that records your speed at any given time. You can use this data to show you did not exceed the speed limit.
- Road Conditions: The video can demonstrate that you were driving at a reasonable speed, for example, in a construction zone.
- Traffic Flow: Footage may depict the flow of traffic, which can sometimes indicate that maintaining a speed slightly above the limit was necessary to keep pace with other autos.
- Speed Limit Signs: Sometimes, a debate will arise over poorly placed or obscured speed limit signs. A dashcam may capture these signs to corroborate your claim.
- Calibration and Placement of Speed Cameras: Your dashcam may provide evidence that disputes the placement or accuracy of a camera or radar gun.
Steps to Beat a Speeding Ticket with a Dashcam in New York
The following steps will help you and your attorney prove your case when fighting a speeding ticket using a dashcam.
- Preserve the Footage: Immediately save the recording from the time of the incident. Most dashcams overwrite old footage, so securing this evidence promptly is essential.
- Assess the Quality of the Evidence: Review the footage closely. Recording a high-quality, clear video that illustrates your claims is paramount.
- Understand the Evidence: When you retain a traffic ticket attorney, they can collect the proper evidence from your dashcam and gain the backing you need for a solid defense.
- Secure Legal Representation: Again, an experienced traffic ticket lawyer can provide valuable insights into the viability of your dashcam defense.
- Prepare Your Testimony and Evidence: Your defense lawyer will organize the footage and other supporting evidence. They will explain clearly and concisely how it complements your case. When you work with a traffic ticket attorney, you can ensure a more successful defense.
- Obtain Dashcam Specifications: Technical information about the accuracy of the dashcam’s speed recording feature can help you.
- File a Discovery Motion: Laws vary by locality, but your attorney might file a motion to discover all the evidence the prosecution has, including calibration records of radar guns or the history of speed cameras used in your case.
- Prepare for the Court Appearance: Dress professionally and arrive on time. Knowing court procedures and having a lawyer present can greatly aid in presenting your case effectively.
- Challenge the Officer’s Conclusion or Calibration of the Equipment: Your lawyer can use your dashcam to refute the speeding claim or question the speed detection device’s calibration and accuracy.
- Highlight Any Contradictory Evidence: If the dashcam shows a different speed, traffic flow, or obscured signage, your attorney will ensure the judge understands these discrepancies.
- Be Respectful and Concise: When necessary, address the judge respectfully. Your defense attorney should handle most communications with the judge.
Legal Considerations
You can admit dashcam footage as evidence, but it does not guarantee the dismissal of your ticket. The judge’s discretion plays a significant part in the outcome.
Consult a NY Traffic Defense Lawyer
A dashcam can be a potent tool when disputing a speeding ticket in New York state. However, its effectiveness hinges on the quality of the footage, the nature of the speed violation, and the interpretation of the law concerning the presented evidence. By relying on the skills of a New York criminal defense lawyer, you can make your case and do so successfully.
How to Reinstate a Suspended License in New York
Driving is not a right, but a privilege that you can forfeit if you don’t follow traffic laws.
If you’ve been convicted of a DWI or had your license suspended for another reason, you can ask a New York traffic defense lawyer or DWI attorney to help you reinstate your driving privileges.
Schedule a Free Initial Consultation Today!
How Points Can Lead to a Suspension
The New York State Department of Motor Vehicles (DMV) keeps meticulous records of driving violations. Each violation receives a certain number of points. For example, if you’re caught speeding, you receive three points for exceeding the speed limit by 10 miles per hour or 11 points for zooming 40 miles per hour over the posted speed. If you collect 11 points from a traffic conviction within 18 months, you can get your license suspended.
Grounds for a Suspension or License Revocation
Various violations can lead to the suspension or even revocation of a license. For instance, a DWI (driving while under the influence) or DWAI (driving while ability impaired) can trigger a 90-day (for DWAI) to six-month suspension.
Other infractions that result in license suspensions include uninsured driving, reckless driving, hit-and-run, improper school bus passing, fleeing an enforcement officer, and having three speeding tickets within an 18-month period.
Securing a Conditional or Restricted License in New York
A restricted or conditional license can be a lifeline for those who might be eligible. It permits travel to and from the workplace or educational institutions, travel for childcare, travel for engaging with DMV proceedings, or travel for receiving medical care.
Those with suspensions due to drugs or alcohol can only apply for this restricted privilege upon enrollment in a state-sanctioned seven-week Impaired Driving Program (IDP).
You may be eligible for a conditional license or hardship license after a DWI/DWAI if you have not received these charges within the past five years, and you can show you do not have easy access to public transportation or can’t afford to take a taxi.
“Suspension Pending Prosecution”
Usually, you will lose your driving privileges once you’re charged with a DWI and the State shows a certified copy of a breathalyzer test over the legal limit of .08 percent. At this point, your license is designated as “suspension pending prosecution.”
“Pre-Conviction Conditional” License
If you had a driver’s license before a DWI offense, you may apply for a “pre-conviction conditional license” 30 days from your scheduled arraignment date. The conditional license allows you to use your car for daily responsibilities while the court resolves your DWI case.
“Post-Conviction Conditional” License
After you’re convicted, and if you haven’t had a prior DWI conviction on your record in the past five years, you’re allowed to apply for a “post-conviction conditional” license. Again, you can only get this license if you enroll in the DMV’s Impaired Driver Program, or IDP, a seven-week education program. You must complete the program to avoid revocation of the conditional license.
When You’re Not Eligible for a Conditional License
You cannot drive at all if your license is suspended after a DWI in the following instances:
- You’ve been convicted of assault, criminal negligence, or homicide when driving.
- Your eligibility for the IDP program involves a fatal accident conviction.
- You have had more than one unrelated driver’s license suspension or revocation within the last three years.
- You have a record of convictions or accidents or a mental or medical issue that makes you an immediate driving risk.
Consequences of Ignoring a Suspension
The importance of not driving with a suspended license cannot be overstated. It invites severe penalties, including incarceration, revocation, vehicle forfeiture, and fines reaching $5,000. Compliance is key – you must surrender your license to the DMV. Again, after a DWI/DWAI, your license is typically suspended for six months.
Working with a Traffic Lawyer or DWI Attorney
Hiring a traffic attorney or DWI lawyer can make it easier to reinstate your driving privileges after a license suspension. You must pay the required fees and fines and attend court-required programs and classes. Your lawyer can submit proof that you’ve met the court’s conditions while keeping you on track.
Reinstating Your Suspended License
Toward the end of your suspension term, look for a Notice of Restoration from the DMV. The notice outlines the steps you need to follow to settle your restoration fee online or at a DMV office.
After clearing the dues, wait three days to use the DMV website’s Photo ID Document Mailing Lookup feature. At that time, you can check on your reinstatement status. Any ambiguities should be addressed with the DMV.
What You Need to Do Step By Step to Get Your License Back
Below is a step-by-step guide for reinstating your driving privileges
- Again, pay all the required fees and fines related to the suspension. You can do this online or by phone with the DMV office close to you. As noted, the payment will appear on the DMV website, if approved, within three business days.
- Attend any applicable programs or classes you must complete upon suspension.
- Provide copies of payment receipts and class certificates to prove that you met all the conditions the court established.
- Complete any applicable requirements, such as alcohol education programs or installing an ignition interlock device (IID).
- Check with your DMV office to ensure all the required paperwork has been submitted and received.
- Submit a form for restoration of driving privileges with all the required documents attached and proof of financial responsibility in the form of a cash/bond deposit or liability insurance card.
When approved, you’ll receive notice within three business days that you can resume driving.
Maintaining a Pristine Driving History
Post-reinstatement vigilance is critical—another slip-up could cost you your license again. As a caveat, higher insurance premiums typically accompany a history of suspension. To better your record and curtail insurance costs, consider taking a defensive driving program, which can reduce insurance costs and improve your driving record.
Contact a New York Traffic Attorney or DWI Lawyer
The road to redemption after a license suspension requires diligence and a commitment to safer driving practices – it is the surest path to ensuring your driving privileges remain intact in New York. Also, make sure you consult with a criminal defense law firm in NY. With legal representation, you can look at the future more positively.