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Queens Criminal Law Blog

Know your rights when facing a DUI: Penalties add up

All of the states have laws regarding excessive alcohol use before driving. Federally, the legal limit is .08 percent. You may realize that you can end up with a DUI or DWI for driving while intoxicated. These charges are normally the same, though they may be different across states.

One thing that many people don't realize is that you can get a DUI without reaching the .08 percent limit. If a person is intoxicated enough that their driving is dangerous or reckless, then the police have the potential to take them off the road, take them to the station and penalize them with a DUI charge.

A conviction isn't simple: Here's what you should know

Drug crimes in New York have the potential to affect your life in many ways. You may end up losing your freedoms and going to jail, or you could end up paying thousands of dollars in fines and fees.

What's most important for people to know is what it takes to obtain a conviction. It's impossible for the prosecution to get a conviction without the right evidence or support for their claims. For example, there can be an accusation that you had heroin in your possession, but if the evidence goes missing, there's nothing that the prosecution can do to hold you accountable.

False accusations: Ruining reputations in an instant

There is nothing quite as shocking as being falsely accused of abusing another person. What was an innocent argument between spouses could become the center of allegations just because your spouse wants to put you on the spot or protect their own interests when they file for divorce. Some people want to slander you and make you look bad to others as a way of punishing you, even if you don't deserve it.

Still, false allegations are serious business. There is no reason that you should be falsely accused of a crime, even if the other person is angry at you. This is a disgusting act to commit against another person.

Watch out for secondary effects from DWI charges in New York

Getting arrested for driving while intoxicated (DWI) in New York is serious. After all, there are a host of potential legal consequences, ranging from fines and jail time to the loss of your license. Many people focus immediately on minimizing the criminal consequences of their charges.

Fewer people stop to think about the potential long-term social consequences and other secondary consequences not directly a result of a criminal conviction. Unfortunately, that short-sighted approach can lead people to do things, such as pleading guilty, that could end up hurting them in the long term. You could lose out on a job or end up paying a lot more for car insurance.

Refusing a roadside breath test won't prevent a New York DUI

Most people already understand that a driving under the influence (DUI) charge in New York could be a major issue. After all, depending on your record, the DUI could mean jail time, major fines and the loss of your license. Some people could also lose their jobs due to a serious criminal conviction.

If you get pulled over by law enforcement or caught up in a roadblock enforcement effort, you may worry about the consequences of the traffic stop. It might seem like a good idea to refuse a chemical test if the officer who speaks with you requests one. This is particularly true if the officer has already performed a field sobriety test and you didn't do well.

Emotional abuse can get you into trouble with the law

When people talk about abuse, they usually think about physical abuse. The reality is that a person can be charged with domestic violence for anything from emotional abuse to physical violence.

Emotional abuse is sometimes more significant than physical violence in terms of how it shapes a person's future and health. Emotional abuse doesn't leave physical marks, but it can be a sign that physical abuse may become possible. Often, those who are abusive in one manner or other will begin to increase abusive activity and advance to physical abuse from non-physical forms.

DWI defense: Understanding a Breathalyzer

If you go out to have drinks with friends, then you're probably familiar with when you begin to feel tipsy or when you've had too much to drink. Any time you're impaired, it's a bad idea to get behind the wheel of a car, since you could face a DWI. However, the last time you went out, you didn't feel the effects of alcohol as much as usual. You felt fine enough to drive.

When the officer pulled you over, it wasn't long until he used a Breathalyzer on you. It came back with different readings each time, one at .07, another at .09 and one at .04. Based on what he saw, he placed you under arrest, but was that really fair?

Verbal abuse can ruin a solid reputation

Domestic violence isn't just physical. It can be verbal, too. Allegations of verbal abuse can be damaging to your reputation, even if they end up proving untrue. As someone with your professional future in mind, it's vital that you protect yourself regardless of the kind of abuse you're accused of committing.

Verbal abuse isn't talked about as often as physical abuse, but it can be just as damaging as any physical violence. Verbal abuse is seen as a manipulation technique and something abusers use to control their victims.

Domestic violence: What to expect when it affects you

You've never thought of yourself as a violent person, and you'd never intentionally hurt someone. Your spouse, on the other hand, has never been particularly calm. She often yells at you or strikes out at you, even though it's nothing serious and usually ends in a few minutes.

Lately, your spouse has been accusing you of being abusive. You can't see how that would be possible, since she's the one who is always angry at you, but you know it's important to defend yourself. Even false allegations could seriously impact your life.

5 ways to defend yourself against DWI charges

DWIs are hard on you. You may lose your job, fight to keep friendships or have a horribly damaged reputation. You may find it hard to rent a new home or be unable to afford car insurance to drive.

DWIs have the potential to change your life, but you still have some things you can do to prevent a DWI from impacting you after an arrest. Here are five tips for avoiding and defending a DWI.

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Law Office Of Luke Scardigno
123-60 83rd Avenue Suite 1T
Kew Gardens, NY 11415

Phone: 718-414-6186
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