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DWI home page David Seth Michaels Attorney at Law Route 203 at Beale Road Spencertown, New York 12165 Telephone (518) 392-9150 Facsimile (518) 392-9130 Email: davidseth@davidseth.com Home Real Estate Traffic Cases CRIMINAL & DWI General Litigation Appellate Litigation Family Law & Divorce About Me Driving While Intoxicated (DWI) If you've just been charged with a first offense DWI in Columbia, Rensselaer, Greene, Ulster, or Dutchess Counties in New York State, you will want to read this page. There is some very important, specific information you need to know about the early stages of your DWI case: Suspension Pending Prosecution . If you took a breathalyzer or other chemical test and the result was .10 or greater, New York law allows the Court to suspend your driver's license pending prosecution. This means that when you make your first appearance in Court on arraignment, the DA may ask the Court to suspend your driver's license. The DA can do this even though you intend to plead not guilty. When the DA does this, it will put a tremendous amount of pressure on you to plead guilty because you don't want to be unable to drive for months while the case goes on and on. Strangely, if you plead guilty to DWAI or DWI, you will be able to drive immediately on a "conditional license." The only solution to a suspension pending prosecution is to have the Court issue a "hardship license," which will allow you to drive to work while the case proceeds. This means that you need to be able to present to the Court at arraignment information about your work, your medical needs, your families' living situation and the like so that your lawyer will be able to convince the judge to give you a "hardship license." The "hardship license" takes the sting out of suspension pending prosecution. Refusal of a Chemical Test . If you refused to take a breathalyzer or other chemical test, New York law says that your license will be suspended because of the refusal. However, that doesn't necessarily mean that you're not driving until the case is finally over. It means that you are entitled to a DMV "Refusal Hearing" at which an administrative law judge will decide if the suspension of your license for refusal of a chemical test was proper. You and your lawyer MUST attend this refusal hearing for two reasons. First, if it turns out that the officer did not legally stop your car, or did not have probable cause to arrest you, or did not properly warn you of the consequences of the refusal to take a chemical test, or that you didn't really refuse the test, the DMV judge should lift the suspension of your driver's license. You will then be able to drive while the case goes on. Second, and just as important, the hearing will be a preview of all of the evidence that the officer(s) will give at your trial. It's an excellent chance to hear what the case against you will be. This means that you have to hire a lawyer immediately after your arrest so your lawyer can attend the refusal hearing with you. Plea Bargaining . The way DWI cases are handled varies enormously from county to county. Columbia County, for example, has a reputation in the region for refusing to plea bargain and for refusing to reduce a first offence, no accident, misdemeanor DWI charge to DWAI, even when the blood alcohol content (BAC) is fairly low. Other counties nearby are just not that tough on first offences. It is therefore critically important to you that the lawyer you hire knows the local practice and the prosecutors, and that the local prosecutors know and respect the lawyer. This mutual knowledge should prevent you from a disastrous mistake, holding out for a plea offer that will never be forthcoming. And this mutual knowledge may assure you that the best possible plea bargain offer is going to be conveyed to you. You also want to be sure that the lawyer you hire has tried DWI cases successfully to verdict, and that you personally trust this lawyer's advise about whether the plea agreement should or should not be accepted, and about whether the case should or should not be tried. If you're going to consider entering a guilty plea, you want to make sure that you got the best possible plea bargain offer. Plain Talk About Trials . The overwhelming majority of DWI cases ends up being resolved with a guilty plea and not a trial. This may be the result of many things, but I suspect that many cases that could be tried to a successful verdict end up being plead out anyway. Some of these guilty pleas might be the result of economic pressure: it's expensive to try cases to a jury verdict. And some may be the result of initially hiring lawyers who aren't going to try the case no matter what its potential. I'm sure you realize that if you've been charged with DWI, and you're willing to plead guilty to DWI and pay a fine, you probably don't need to hire a lawyer who can try the case. It's unlikely that you'll be put in jail or that you'll be placed on probation if you plead guilty on a first offence. If you can accept a DWI conviction and a fine as an outcome, almost any lawyer will do, the cheaper the better. You'll end up with a criminal record, and you'll pay a fine and surcharge of at least $625.00, you'll attend the Drinking Driving Program and you'll get a Conditional License. If your BAC is very low, you might even be offered a reduction to DWAI. In that case you'll avoid the criminal record, pay a smaller fine, attend the Drinking Driving Program and get a Conditional License. There is usually little or no lawyering required to obtain these results. The need for trials and lawyering arises only when the DWI charge is important to you and you want to try to obtain absolutely the best possible result. That's when you should call me about your case. Serious Cases: Felonies, Second Offences . Second DWI charges usually end up being charged as felonies in Columbia and the surrounding counties. If you've been charged with felony DWI or with a second DWAI, you're potentially facing jail or prison time. You need to retain a lawyer immediately in these serious cases. Please contact me for help: David Seth Michaels Attorney at Law Route 203 at Beale Road Spencertown, New York 12165 Telephone (518) 392-9150 Facsimile (518) 392-9130 Email: davidseth@davidseth.com See also Criminal Law Arizona DUI Defense : Law Office of David Alan Darby providing quality and aggressive DUI and criminal defense in all courts anywhere in the State of Arizona. Link to other DUI/DWI attorneys . | Top of Page | Home |
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D.U.I.DUI youth: Driving under the influence (DUI) Among Young Persons, SAMHSA,Office of Applied Studies Driving Under the Influence of (DUI) Among Young Persons: 2002 Update The NSDUH Report: Driving Under the Influence (DUI) Among Young Persons HTML format PDF format Highlights: Data from SAMHSA's 2002 and 2003 National Survey on Drug Use and Health were pooled to examine the prevalence of driving under the influence (DUI) of alcohol or other drugs while driving by young persons aged 16 to 20. DUI is also called driving while intoxicated (DWI). An annual average of 4.2 million persons aged 16 to 20 reported driving under the influence of alcohol or illegal drugs during the past year. About 169,000 of these persons (4%) reported that they had been arrested and booked for DUI/ DWI involving alcohol or drugs in the past year. Among persons aged 16 to 20, 17% reported past year DUI/ DWI involving alcohol, 14% reported past year DUI/ DWI involving illicit drugs, and 8% reported past year DUI/ DWI involving a combination of alcohol and illicit drugs used together. Whites and American Indians/Alaska Natives were more likely to report DUI/DWI than other racial/ethnic groups. Other Reports on Driving Under the Influence of Alcohol or Illegal Drugs Other Reports on Illicit Drug Use Other Topics Other OAS Publications and Services This Short Report, The NSDUH Report: Driving Under the Influence (DUI) Among Young Persons , is based on SAMHSA's National Survey on Drug Use and Health (NSDUH) , formerly called the National Household Survey on Drug Abuse conducted by SAMHSA's Office of Applied Studies (OAS) in the Substance Abuse and Mental Health Services Administration (SAMHSA). SAMHSA's National Survey on Drug Use and Health is the primary source of information on the prevalence, patterns, and consequences of drug and alcohol use and abuse in the general U.S. civilian non institutionalized population, age 12 and older. The NSDUH/NHSDA also provides estimates for drug use by state. For PDF formats, click here to download the Acrobat Adobe Reader and follow the instructions for the free reader. Click to Return to OAS Home Page Click to Email OAS Data Questions Click For Non-frames / text version of site This page has been accessed 20175 times since 12/29/04. This page was last updated on December 29, 2004. SAMHSA, an agency in the Department of Health and Human Services, is the Federal Government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment, and mental health services in the United States. Privacy Statement | Site Disclaimer | Accessibility What's New Highlights Topics Data Drugs Pubs Short Reports Treatment Help Mail OAS
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DUI InsuranceWashington DC DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Washington DC Topics Washington DC DUI Washington DC Car Insurance Washington DC DUI Lawyers Google Search Results Washington DC Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Washington DC DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute All Rights Reserved Send eMail Advertise With Us
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DUI Lawyer Andrew Parks Miami Florida DUI Lawyer - Miami Florida DUI Attorney - Parks & Braxton The hiring of a lawyer is an important decision and should not be based on advertising alone. Before you decide, ask us to send you free written information about our qualifications and experience. Florida DUI Lawyer Andrew Parks is a Florida DUI lawyer who has been representing clients in Florida for many years. He and his partner Michael Braxton know Florida DUI law and can give you advice about Florida DUI law and how it relates to your DUI arrest in the state of Florida. Florida DUI law is complicated and often changes. Michael Braxton is a Florida DUI attorney who knows Florida DUI law and keeps up on the latest changes. Mr. Braxton and Parks have successfully defended thousands of clients accused of DUI in Florida. Florida DUI law provides harsh penalties for a DUI conviction. Florida DUI attorneys and lawyers who have experience dealing with both sides of Florida DUI law may be able to aggressively represent you for a Florida DUI defense. Florida DUI law changes often and although any attorney in Florida could defend your case dealing with a Florida DUI arrest, you may want to consider using an Florida attorney who has experience with Florida DUI law and works in all the courts that handle Florida DUIs. Click here for more information on Florida DUI law, Florida DUI lawyers, and Florida DUI attorneys. Florida DUI law is complicated and only Florida attorneys who keep up with the current state of Florida DUI law are preferable. Parks & Braxton have many years of experience as attorneys in Florida. Each is a Florida DUI attorney who knows Florida DUI law and keeps up on the latest changes. They have successfully defended thousands of clients accused of DUI and other crimes in Florida. Florida DUI law provides harsh penalties for a DUI conviction in the state of Florida. Florida DUI attorneys and lawyers who have experience with both sides of Florida DUI law may be able to aggressively represent your case dealing with a Florida DUI. If you have any questions about Florida DUI law, or want to speak to a Florida DUI attorney, call Florida DUI lawyer Andrew Parks or Michael Braxton, today. They can answer your questions about Florida DUI law and talk to you, for free, about your Florida DUI case that arose anywhere in the state of Florida. LEARN ABOUT THE BREATH MACHINE Click Here HOW STRONG IS YOUR CASE? Click Here WHAT ABOUT MY DRIVER'S LICENSE? Click Here OUR RECENT COURT VICTORIES SPEAK FOR THEMSELVES! Click Here FLORIDA DUI LAWYER Parks and Braxton, your Florida DUI Lawyers Aggressive Florida DUI Defense . How do you challenge a DUI? With experience. The experience that comes from representing thousands of clients charged with a DUI. The lawyers at Parks and Braxton have thousands of courtroom trials to their credit, and countless dismissals of charges due to evidentiary issues and discovery of police misconduct. They defend driver's license hearings on a regular basis and teach seminars on how to challenge a DUI. You need an advocate. Many lawyers believe in a policy of plea-bargains and clock watching. But a Florida DUI Attorney who works for Parks and Braxton is an advocate. A true advocate that fights for your best interests. The state of Florida has scores of police, attorneys, and scientific experts representing their cases. Who do you have to represent yours? Do you have someone who has worked for the state attorney's office and knows what the strategies are on the other side of the aisle? Do you have someone who regularly publishes articles on how to defend DUI cases? Do you have someone who has actually taught the police how to administer the Field Sobriety Tests? The Florida DUI Lawyers of Parks and Braxton can provide solid defense for someone charged with a Florida DUI. Andrew Parks, Michael Braxton, and Bill Direnzo are Florida DUI Lawyers who have a reputation for aggressively defending Florida DUI cases. The firm's dedication to the defense of Florida DUI has led to overwhelming success in the courtroom. Read about our court victories to see that we offer aggressive Florida DUI representation for our clients. For more information about the qualifications and experience of the lawyers at Parks and Braxton, click here . Parks & Braxton, your resource for a Florida DUI Lawyer , feels you should be kept up to date on the latest changes to the Florida DUI law, so that you can make informed decisions when selecting a Florida DUI Attorney. Please review our DUI information so that you will know your rights under Florida law. For the most recent legislative changes, which took effect in 2002, click here . Please note, however, that this material is for informational purposes only. If you are facing a Florida DUI charge it is absolutely essential that you contact Parks & Braxton, Florida DUI Lawyers, for aggressive DUI defense. Call us 24 hours/7 days a week and speak directly to one of the partners SE HABLA ESPAOL Our offices are located in Broward , Dade , Palm Beach , Orange and Hillsborough Counties Dade (305) 655-2900 ( click for directions ) Broward (954) 385-5651 ( click for directions ) Palm Beach (561) 659-5201 ( click for directions ) Orange (407) 246-6384 ( click for directions ) Hillsborough (813) 228-7509 ( click for directions ) Send E-mail to: info@floridaduidefenders.com Find out how you may be able to prevent one incident from lasting a lifetime... 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