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New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge. The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few. If you are currently charged with a DWI in New York and have...
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The Child Passenger Protection Act known as Leandra’s Law amended the Vehicle and Traffic Law and the Penal Law to establish a new Class E felony related to driving while intoxicated with a child as a passenger. The law also requires that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices. The law is named in memory of Leandra Rosado, an 11-year-old who was killed in a car accident in Manhattan in 2009. The New Felony DWI Charges First-time offenders charged with driving while intoxicated (.08 BAC or more) or with DWI...
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The latest Supreme Court decision of Maryland v. King has brought many questions from our clients, friends, and collogues in regards to what the ruling means for New York residents. Our response to these numerous inquires is as follows: DNA testing has been commonly collected for those convicted of a crime. In fact, All 50 states require DNA collection of those convicted a felony. In addition, New York has passed a bill that will allow police to collect DNA from anyone convicted of a crime (felony or misdemeanor) within the state, including those convicted of DWI. In recent years some states...

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