South Shore Staten Island Lawyer, Steven Murphy, discusses facts about DWI
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact South Shore Staten Island drunk driving defense lawyers Steven Murphy or Don Becker to protect your rights! The South Shore Staten Island Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.
When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance cost, fines, court costs, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The New York law says that the District Attorney need only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dry, but it is not quite as simple as that.
You see, if challenged, the District Attorney must also show all of the following:
That the arresting officer made the arrest properly,
That you were properly advised of your rights,
That the equipment the officer used to test you was working, accurately,
Also, the office that administered the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student first class before administering these tests. We have handled hundreds of (DWI) cases and know every trick and nuance officers use to cause you to fail. Before and at trial we will grade the officers to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the District Attorney or the jury to show that the results of the test were unreliable and should not be believed.
When you retain Steven or Don, not some underling, we will insist that the District Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions we ask them.
We will insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
We will insist on receiving copies of records showing that the equipment used for the test was functioning properly and that the person giving the test was properly certified.
As you can see, what looks simple gets pretty complex. As your criminal defense attorney, we will insist that all this information be provided and we will walk through all this information as we discuss and proceed on your case.
South Shore Staten Island DRIVER LICENSE SUSPENSION – Your arrest may have included a cancellation of your New York driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. We believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our firm to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact us as soon as possible to schedule an appointment. If your New York driving privileges are ultimately suspended, in most cases we can get you an Occupational
The South Shore Staten Island license that will allow you to drive to and from work.
WARNING South Shore Staten Island NEW YORK DRIVER LICENSE SURCHARGE! Beginning with any New York DWI Conviction for an offense committed on or after 09/01/03, the New York Department Of Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2000.000 a year for three years. Depending on whether you provided a breath sample, and the results were positive for intoxication, you could be facing a $6,000.00 fee to keep your license.
The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real-life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense attorney can be the most important decision you make.
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Do not expose your family members to mental torture
Unfortunately the chances of a married couple splitting up gets higher each year so hiring a divorce lawyer is the next crucial step; some guidelines on what to look for are listed below:
- Fully qualified to deal with your case
- Have the correct bearing for this type of work
- A conscientious person
The best attorney to employ is one who, for at least half their time, is dealing with divorce cases and is fully skilled in mediation techniques. They will need to be someone in whom you can place your trust and feel comfortable working with so if these criteria cannot be met then you will need to look elsewhere.
Mediation minded attorneys are more likely to give you problem solving advice, whereas traditional attorneys tend to be more oriented to conflict and their advice tends to be adversarial. The most important thing is to be very well prepared whenever you contact your divorce lawyer so know your facts, what you want to ask about and exactly what you want the lawyer to explain or do for you.
Plan each conversation by making an agenda and write down the things you want to talk about; take notes on the content of the conversation and the amount of time spent on phone calls. Try to keep actual meetings to a minimum and where points have to be clarified, use the phone or send a letter.
Remember you divorce attorney is there for their expertise in the field and not to act as a counselor, you should hopefully be able to use people close to you for that. Never trouble your divorce lawyer with trivial matters that do not directly concern the divorce.
The most important aspect for you to get sorted out is the control of the situation which should be yours and then you will be able to use your lawyer more effectively. If they are there purely to act in accordance with the legal issue of divorce it will be more efficient utilization of their services and you will be making the decisions. Ask that you be sent copies of all documents and letters and let them know that you expect phone calls to be answered by the next working day after all you are the one paying the bills.
If money is an issue, it may be a preferable for you to only contact a lawyer for legal advice on a marital settlement but not representation. You may decide to carry out research first before you contact them, only asking your lawyer questions you have not been able to find answers too. Some people only use a divorce lawyer to re-read and check a marital settlement they have drafted on their own but at least these people have the backup of using a lawyer if all else fails.
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Many people break down at even the thought of going in front of their estranged spouses and making decisions about who owns what and what is owed to whom. The reason for this, as is obvious, is that it takes a lot out of a person to deal with the pain and stress of separating from someone so important to them. However, sometimes there is no other solution but to part ways in peace and dignity. One of the solutions that people advise someone going through a divorce for avoiding such emotionally traumatic confrontations is to hire a profession lawyer who would act on the person's behalf. If you are about to initiate a divorce with your spouse, then this is a wise and logical counsel. However, even talking to a divorce lawyer can be emotionally stressful if you are not prepared for it. In order to make the whole process as simple for you as possible, the following is a list of things you should expect from your divorce lawyer.
1. The first meeting: In the first meeting you should expect your lawyer to ask you some very penetrating questions about the whole situation. These questions may churn up a lot of emotions but you need to understand that they are extremely important. You will be asked pertinent information about your financial status, bank statements, debts, children, property and even credit cards.
2. Counsel: Following this, you can expect your divorce lawyer to tell you in no uncertain terms what to expect from the proceedings. Divorce cases can become very emotional and dirty at the same time. Therefore, your divorce lawyer would not only be your legal counsel but may also become your very close confidante.
3. Filing the case: The divorce lawyer would take care of the technical and bureaucratic requirements of filing the divorce case or responding to a divorce case. Filling in forms, maintaining deadlines and keeping you informed about what is needed from you is your lawyer's job.
4. Child custody: Divorce cases that involve children are the most painful ones a couple can ever go through. These are bitterly fought every inch of the way and can result in obscure clauses and legal statements being brought up. Thus, having a divorce lawyer on your side if you want the custody of your children would be prudent.
5. Negotiated settlements: The majority of divorce cases, however, get settled outside the court. As is obvious, such cases involve a lot of haggling and negotiating outside of court with respect to ownership of items and even alimony aspects of the separation. This negotiation should be done by a professional and most divorce lawyers are especially adept at negotiations of such sorts.
6. Court proceedings: Finally, if the case does go to court, then this is where the divorce lawyer truly comes into his own. If your case is set to go to court then you need to have a divorce lawyer on your side because otherwise your chances of winning will fall drastically.