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Complex drunk driving laws require seasoned defense counsel

On Behalf of | Jun 19, 2015 | DWI |

Significant jail sentences are on the books in New York for persons convicted of DUI. The penalties for drunk driving for those under the age of 21 are a bit more relaxed but still serious enough to cause substantial disruption of the person’s life. New York also has an Implied Consent Law which requires a mandatory suspension of a person’s driver’s license for at least one year where that person refuses to cooperate in allowing a blood alcohol test.

The suspension of the driver’s license is made effective at an administrative hearing where the presence of experienced criminal defense counsel in DUI matters can be helpful to the individual. There are defenses and mitigating circumstances that can be asserted at the hearing which may partially or totally defeat the attempt to automatically suspend the license.  However, it is inadvisable to attempt this procedure without the assistance of an experienced attorney.

In Oneida County, a 20-year-old woman was operating her vehicle at 92 mph in a 55 mph zone on State Route 12 when she was pulled over by state troopers. Although the girl is not old enough to drink lawfully,  she was arrested for speeding, refusal of breath testing, operating out of license class and consumption of alcoholic beverage in a motor vehicle, according to the New York State Police. It is reported that she was convicted of drunk driving in 2011.

She was arrested in 2011 by Lewis County sheriff’s deputies and charged with having a blood alcohol count of .15, according to the state police. The existence of a prior drunk driving offense will greatly enhance the potential penalties in the current prosecution pursuant to New York law. In such situations, it is always beneficial to have the services and assistance of an experienced drunk driving defense counsel in order for the accused to seek favorable treatment by the prosecution and the court.

Source: syracuse.com, “Woman, 20, accused of drunken driving again, going 92 mph in 55 mph zone“, Ken Sturtz, June 18, 2015

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