New York DUI laws are in the midst of the hardest in the country, and an arrest under the suspicion of drunk driving will trigger two separate cases: a Driving Under the Influence court case which can result in a criminal record if convicted, and a Department of motor vehicles case which may lead to the suspension of the driving privileges of the accused. More news about DUI in New York or for any state look here www.myduiassistance.com
A Westchester Driving Under the Influence case may be filed against a driver for 2 possible reasons. 1st, if he is found to violate the New York “per se” law, which bases the driver’s level of intoxication solely on his blood alcohol content or BAC. Second, a DUI case will be brought upon the driver under what is later termed as “common law theory”.
Arrests made based on the common law theory do not require measuring drivers’ blood alcohol level, and are alternatively contingent upon the opinion of the arresting officer. Upon trial, though, the prosecution has to establish that the driver is indeed intoxicated to result in a guilty verdict. Under Vehicle and Traffic Laws, intoxication is defined as a condition wherein the driver lacks the needed mental and physical skills to remain prudent and reasonable while working a motor vehicle.
What sets NY New York State DUI Laws apart from those of other states is that it allows individuals arrested for suspicion of drunk driving to consult with a DUI lawyer if they should take the chemical test or not. While getting the chance to phone and get hold of legal advice might work to the advantage of the accused, this is only a “qualified right”. As such, police officers need not wait for the lawyer to arrive before administering the chemical tests or filing the Westchester DUI case.
There are a lot of people in your situation. Most do zero and find the first lawyer in the telephone book an call them. Don’t!! Reasearch and evaluate many different options and talk to 2 or 3 before you choose the right DUI lawyer. Here is an in depth review and lists of many legal DUI lawyers that can help you. More facts about DUI in New York or for any state look here www.myduiassistance.com
Drivers alleged to have violated New York Driving Under the Influence laws will most likely seek the legal advice of an Attourney. With many decades of experience, a lawyer is equipped with the skills to aggressively defend against a New York Driving Under the Influence case.
This article is designed for general facts only. The news presented should not be construed to be prescribed legal advice nor the formation of a lawyer/client relationship. Driving Under the Influence lawyer listings are a paid DUI attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.
For more news and in depth reviews on DUI – check out this site for more help http://www.myduiassistance.com
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