St. George 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 St. George Staten Island drunk driving defense lawyers Steven Murphy or Don Becker to protect your rights! The St. George 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.
St. George 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 St. George Staten Island license that will allow you to drive to and from work.
WARNING St. George 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
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.
What to Try to find in a Separation Lawyer - Exactly How to Choose Intelligently
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Family law disputes range from complex legal battles to the unchallenged officiating of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it's best to invest in the best family law attorney if you are expecting a fight.
Finding one isn't just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.
Firstly, it's generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child's second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.
Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.
Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can't afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.
To get in touch with an excellent family law divorce lawyer attorney, seek out your local or regional law society or guiding body. These institutions exist, in one form or another, in most western countries and aim to document and accredit genuinely excellent lawyers. That said, you should be wary of false accreditations and ask any prospective lawyers how you might verify their record.
It should be clear by now that finding the best family law attorney does not necessarily mean spending a fortune. In fact, you may find cheaper attorneys ultimately cost more due to extended research time and protracted cases. Ensure that they have a good understanding of the areas of law he may be required to fight, and ask them for an estimation as to the length and complexity of the case they are undertaking.
Child Support Enforcement in St. George Staten Island NYC