When the conviction is filed, you may have the chance to take an “impaired driver’s program” (or IDP) class. This class will allow you to get a “conditional license” for the duration of your suspension or revocation. Then, when the suspension or revocation period is over, you can apply for your full license privileges again.
A conditional license is similar to a hardship license, but it has more freedom. You can drive to and from medical appointments, child daycare or school, and some free time once a week. BUT… you may not qualify for the IDP program. Here are the things that can disqualify you:
NOTE: If you refused to take a breath test, you may be found guilty of refusal by the DMV, and your license will be suspended for one year, plus the imposition of a civil fine by the DMV. However, this refusal conviction will not prevent you from getting a conditional license IF the case terminates in a conviction. It’s only if the case resolves in your favor, and there is no conviction, that the DMV’s suspension stays in effect, and you can’t apply for a conditional license.
The lesson? If you need to drive, don’t drink and drive at all. If you get caught drinking and driving, don’t refuse to blow into the breath device. And if you refuse, make sure your case ends in an alcohol conviction – so that you can get your conditional license and start driving again.
]]>¿Tienes un ticket viejo? La sobretarifa de suspensión que tenías que pagar a la corte antes fue de $35. Si no estás seguro de cuánto debes pagar para levantar tu(s) suspensión(es), solo llama a la corte. Si la suspensión se impuso antes del 6 de julio de 2009, la tarifa de elevación es de $35 por boleto. Si la suspensión se impuso después del 6 de julio de 2009, la tarifa de restauración será de $ 70 por boleto.
Vieja tarifa de suspensión: $35 por ticket
Nueva tarifa de suspensión (a partir del 6 de julio de 2012): $70 por ticket
Have an old ticket? The suspension lift fee that you had to pay to the court was $35. If you’re not sure how much you need to pay to lift your suspension(s), just call the court. If the suspension was imposed before July 6, 2009, then the lift fee is $35 per ticket. If the suspension was imposed after July 6, 2009, the lift fee will be $70 per ticket.
Old suspension lift fee: $35 per ticket
New suspension lift fee (as of July 6, 2012): $70 per ticket
If you are an undocumented immigrant going to Newburgh City Court, you should keep in mind that local ICE agents are targeting criminal defendants for detention. They often hang around the court parking lot, sitting in their cars, waiting for the right person to come to court. This means that, if you don’t have your papers and have been accused of a crime, ICE agents may be waiting for you in the parking lot of this building. Even if you have not been convicted of a crime… even if the charges are not serious, such as a drunk driving offense, or domestic violence.. even if you have a clean criminal record and have been in this country for many years… if you have been charged with ANY criminal offense and do not have legal status (or worse, you have had prior contact with immigration or a prior deportation order), STOP and call me for a free consultation. I will be glad to discuss your options with you.
]]>When you’ve been pulled over for suspected drunk driving, remember that (1) you are being investigated for a serious crime, (2) anything you say and do WILL be used against you, and (3) the investigating officer is NOT your friend. So, forget about trying to be the police officer’s friend – you can do that on another occasion, when you are not the target of an investigation.
FIELD SOBRIETY TESTS ARE NOT MANDATORY, AND YOU WILL NEVER PASS THEM. Unlike the breath screening test, the field sobriety tests (standing on one leg, reciting the alphabet, looking at the pen) are not mandatory under New York State law, although the police officer may try to scare you into taking them. Just shake your head and refuse to take them. I’ve never seen anybody pass these tests, and again, they are not being used to see if you are sober. They are just being used to give the police officers more reason to arrest you and show how drunk you were. Be nice, but refuse the tests. The less evidence the police officer has to use against you, the better.
TAKE THE BREATH TEST. This one you don’t have a choice about. There will be two breath tests given to you, one at the scene of the arrest (the screening test) and one at the police station after your arrest (the blood alcohol content test.) You really do have to take these, because under New York State law, your license will be automatically suspended for a year if you refuse to take the test. The only reason to refuse to take this test would be if you were very drunk and you are sure that your breath alcohol content (BAC) is going to be super high, and you don’t mind losing your license for a year. If that’s not the case, then you should take the breath test.
BEING NICE IS ALWAYS A GOOD IDEA. There is no reason to be disrespectful or rude. Just stick to your guns and refuse to give a statement and refuse to take the field tests.
THE FIFTH AMENDMENT AND MIRANDA. Under our federal and state constitutions, you are not required to confess to a crime or testify against yourself. (Fifth Amendment to the U.S. Constitution) Additionally, per
Miranda v. Arizona, 384 U.S. 436 (1966) and New York caselaw, once a defendant has told the police officers that (1) he wants a lawyer, or (2) that he wants to remain silent, the POLICE QUESTIONING MUST STOP. Any statements obtained by the police after you have invoked your right to counsel or your right to remain silent will be suppressed and cannot be used by the prosecution against you. People v. Wilson, 28 NY3d 67 (2016).2
I hope these tips have been helpful to you. If you’ve been arrested for DWI, you should consult a criminal defense attorney, like me, to see what your options are.
]]>Unfortunately, this is not how the system works. If you plead guilty to your traffic tickets by mail, then there will be no need for a court appearance, and you will get your fine notice in the mail. If you plead “not guilty” to the tickets, then you will get a notice of conference date in the mail. Notice that the court date is for a “pre-trial conference,” not for a trial. When you go to the pre-trial conference, you will be given an opportunity to plead guilty to a lesser charge. So, if you’ve been given a speeding ticket, and the speed is not too high, and your driving record is not too awful, then you will typically be offered a parking ticket or another low-points violation, like “disobeying a traffic control device” aka crossing a white line. This is what happens whether you decide to hire a lawyer or if you show up by yourself.
It’s not hard to get a great result if you have a clean driving record and were just going 2 miles over the speed limit. However, the problems arise when you get multiple tickets, or your license was suspended, or you were going much too fast, or you have gotten many points over the past 18 months. In these situations, it’s helpful to take some additional steps in order to show the court and the prosecutor that you are taking the charges seriously.
All of these steps are things that you can do by yourself or in conjunction with an attorney that you hire. If you need any further assistance with your case, please feel free to call Steve Cobb, Esq., for a free consultation and kindly words of encouragement: Tel: (845) 247-5464.
INTERNET CLASSES
I Drive Safely http://www.idrivesafely.com $24.99 for four hours (English only)
New York Safety Council http://www.newyorksafetycouncil.com $24.99 for four hours (English and Spanish)
IN PERSON CLASSES
Louie’s Auto Driving School
153 Temple Hill Road
Suite # 3
New Windsor NY 12553
845-569-0023
http://www.louiesautoschool.com
El nivel de alcohól ilegal es el .08% de concentración de alcohol en la sangre. ¿Cuánto es el .08%? Para un hombre “normal” de 180 libras y 5’ 10” de altura, el .08% se alcanza con cuatro cervezas dentro de una hora. Si tomas más – o pesas menos – el nivel será más alto. Por lo tanto, no necesitas tomar mucho para alcanzar y superar el nivel de alcohol prohibido en este estado.
Good news for Venezuelans! God is helping people who were abandoned by their own government.
https://www.samaritanspurse.org/article/venezuelan-migrants-welcomed-at-samaritans-purse-shelter-in-colombia/
Jaime Castiblanco, Esq.
315 Broadway, #200
New York, NY 10007
Tel: (212) 693-1139
[email protected]
https://www.avvo.com/attorneys/10007-ny-jaime-castiblanco-926339.html
Jose X. Orochena, Esq.
1180 Ave. of the Americas, 8th Floor
New York, NY 10036
cell: (917) 974-2864
office: (646) 580-9692
[email protected]
Lista Legal: https://www.listalegal.com/
Listas Locales: https://www.listaslocales.com/newburgh-ny
El Abogado: https://usa.elabogado.com/
]]>Si te han acusado de acciones criminales (es decir, no simplemente tickets de trafico o de infracciones municipales), tu estás a riesgo. Yo hablé con un agente de ICE aquí en the City of Newburgh, y me dijo que están buscando inmigrantes criminales, que llevan cargos criminales. ¿Cuáles con los cargos criminales que pueden llamar la atención de ICE?
Todos estos casos son “bandera roja” para el toro que es ICE. Si te han acusado de una de estas ofensas, deberían avanzar con mucho cuidado con tu caso.
De todos modos, la mejor manera de evitar la atención de ICE es evitar ser arrestado y acusado de un delito grave. Esto no es tan dificil: no tomes y manejas, no golpees las personas en tu vida, evita la compra y venta de drogas, etc. Pero si necesitas una opinion acerca de tu situación, por favor no dudes en llamar a nuestra oficina: (845) 247-5464. La consulta es gratis, y con mucho gusto te ofrecemos una opinion experta acerca de tu caso criminal o tu caso de inmigración. Steve Cobb, Esq.
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