Port Richmond 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 Port Richmond Staten Island drunk driving defense lawyers Steven Murphy or Don Becker to protect your rights! The Port Richmond 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.
Port Richmond 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 Port Richmond Staten Island license that will allow you to drive to and from work.
WARNING Port Richmond 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.
Why You Need a Divorce Lawyer
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Getting a permanent separation can be emotionally draining on both partners. Even when the couple is splitting amicably, the number of decisions to be made about assets, child custody, spousal support, and other factors can be exhausting. When there is a dispute, or the partners are otherwise unable to negotiate in a mutually agreeable manner, a divorce lawyer is necessary. Their experience, guidance, and unbiased legal representation can smooth the negotiation process while ensuring their clients' respective needs are addressed.
Not all legal experts are equally equipped to handle this type of case. Finding and hiring a family law expert who can protect your rights can be challenging. Below, we'll explain the value they add to the process. Then, we'll describe the factors that you should consider most important when retaining a lawyer's services.
The Value Of A Divorce Lawyer
Legal experts in family law can offer years of experience in helping to settle the affairs of couples during the dissolution of their marriage. This includes negotiating the division of assets and property. Often, these details can be complicated due to the nature of the assets. For example, the sale of a residence may result in significant capital gains taxes. Similarly, when pensions and other retirement accounts must be divided, capital gains or losses may result. Many circumstances benefit from the advice of an attorney.
A family law expert can also help negotiate the details surrounding child custody and visitation rights. They can address issues regarding the provision of support from one spouse to the other. In short, having proper legal advice is essential.
Look For Experience
A legal expert who specializes in handling divorce cases will be more effective than an attorney who doesn't. Their experience is valuable for a few reasons. First, they'll have a familiarity with local judges. Second, an experienced attorney will know the best way to work with a mediator. Also, keep in mind that many law professionals who negotiate settlements have deeper specializations. For example, they may handle a large number of cases that involve complex child custody issues or they may have experience with couples who own a family business. The more significant the experience, the more value divorce lawyers can offer clients.
Access And Communication
Some family law experts are very communicative, returning phone calls and emails in a timely manner. Others are less so. There may be times when you have a question for your attorney that requires a prompt response or you may be unsatisfied with your lawyer's performance and want to schedule a meeting to discuss it. In each case, working with an legal expert who is unresponsive can turn a situation that is already stressful into a horrible experience. During the initial consultation with divorce lawyers in Chicago, or in any other city, ask about the level of access you'll have. Inquire about the communication process so you'll know what to expect in the future.
Do You Truly Need An Attorney?
It's not always necessary to hire a legal professional for this type of case. If there are no children, few assets, and little to no property, couples may be able to reach a settlement on their own. There are also cases in which the spouses can effectively negotiate the division of assets, jointly held property, and child custody issues without a mediator or divorce lawyers. That being said, such cases are rare as even amicable spouses can become emotionally involved when a marriage ends. In the end, every divorce case is unique. You should decide whether you need an attorney to help negotiate a settlement based upon the complexity of your individual circumstances.