Frequently Asked Questions
FAQ -DWI & DUI
FAQ -TRAFFIC & SPEEDING TICKET
What are Standardized Sobriety Tests?
Law enforcement officers employ a range of tests to evaluate whether or not someone is inebriated or impaired by alcohol or drugs. Three tests developed by the National Highway Traffic Safety Administration are the most regularly employed. The administration has approved these tests to keep them as scientific results. These are the tests:
- HGN (horizontal gaze nystagmus),
- Heel-to-toe walk and turn,
- One-leg walk withstand
The HGN test is used to see how well a suspect’s eyes move. Follow the path from left to right and back. The other two tests offer some insight. Information about a suspect’s ability to accomplish tasks that demand concentration provides information on the motor coordination of people which involves split attention and also offers information on the motor coordination of a person accused of something. The alphabet test may be used by several police agencies or officers.
Should I go for the SFSTs or not?
SFSTs are used by police officers to establish if they have “probable cause” to arrest a person for DWI. Many lawyers believe that these examinations were meant to yield “failure” marks and that they do not fairly evaluate whether or not someone is inebriated. The majority of attorneys advise persons arrested for DWI not to take SFSTs. If you refuse to take the SFSTs, you may receive a traffic ticket.
Is DWAI a Misdemeanor?
DWAI is neither a criminal nor a felony, but it is a violation. Nevertheless, a conviction for a felony might have extremely significant repercussions. However, “DWAI-Drugs,” sounding similar infraction, is a misdemeanor that can be punished as a felony for repeat offenders.
What other "probable cause" for a DWI arrest?
If a suspect refuses to take SFSTs, officers would usually claim factors like “glassy eyes,” “odor of alcohol,” “bad motor coordination,” “slurred speech,” and so on as probable grounds for arrest.
What during "refusal hearing"
The officer involved will testify during the hearing, and the person who is the topic of the hearing does have the right to testify but cannot be forced to do so. The subject has the right to be represented by a lawyer, but if he cannot pay one, the court will not assign one for him. Three basic questions are addressed at the hearing:
- Did the officer have probable cause to stop the subject’s car?
- Did the subject willfully refuse to perform the chemical breath test?
- Did the officer have probable cause to arrest the subject’s car?
Each of these three things must be proven by a majority of the evidence (also known as “burden of proof” or “preponderance of the evidence” in legal terms).
What will happen if I simply pay my ticket?
Several things might occur. When you pay your ticket in full, it becomes a conviction, which can raise your insurance rates for years, cause your driver’s license to be suspended, appear on your driving record, or require you to pay further fines to your state’s DMV.
When Is It Time To Hire An Attorney?
Many drivers who have been charged with major moving offenses discover that hiring a lawyer is critical to safeguarding their rights and securing the best possible outcome in court. Often, an attorney will be able to negotiate a lower charge, and in certain cases, the charges with “points” will be dropped entirely. The ticket itself may be defective, and an attorney may be able to get the charges dropped based on a faulty report by the officer who issued the ticket.
Is it necessary for me to appear in court?
If you hire a traffic ticket lawyer, most courts will not need you to appear in court. However, because each court has its own regulations, we can’t guarantee you won’t have to go to court. If you are required to attend, we will contact you as soon as possible, but in most cases, we can let you know before you hire a lawyer.
Should I contest my citation?
The answer is yes if you want to avoid paying higher insurance rates or having a ticket on your record. We want our clients’ records to be spotless for the rest of their lives.
Is it necessary for me to visit an attorney's office?
The answer is no 99 percent of the time. However, there will be instances when you will need to go to a nearby office to sign some papers. This is most likely due to the nature of your situation. We’ll notify you ahead of time.
Know your Rights
What happens, If You Are Arrested
Most individuals seldom consider what they would do if they were arrested or detained by the police for interrogation. Isn't that something that only criminals experience? Not always, to be sure. The fact is that getting detained or questioned by the police is a terrible event that may happen to anybody. A case of mistaken identity, an excessively aggressive law enforcement officer, a disagreement with another person, or even a simple misunderstanding can lead to anybody being questioned by the police, detained, and charged with a crime in a court of law. If this happens to you, it's critical to recognise that the United States and New York State Constitutions both grant you significant rights.
What does being arrested means?
You have been arrested when a police officer or a private person takes you into custody, physically restrains you, or verbally demands that you not leave in order for you to answer for an offence or a crime. This might result in you being arrested or being given an appearance ticket, which forces you to appear before a court at a specific time. (It's analogous to getting a traffic ticket, although it might be for a more serious infraction than a traffic violation.) When a police officer arrests you without a warrant, the officer must provide you with a justification for the arrest (unless you were arrested while in the act of committing a crime, were being chased by the police).
What Rights Do I Have If I'm Arrested?
You have a number of rights that the police must observe if you are detained (with or without an arrest warrant):
+ You have the option to reject to respond to questions asked by the police..
Before you agree to answer any questions, you do have option to consult an attorney.
+ When you are being questioned by the police, you have the right to have a counsel present.
After you've been arrested, you have the right to have a counsel present during any identification 'lineup.'
Everyone have the right to be taken in front of an impartial judge as soon as feasible.
Is it possible for me to be arrested without an arrest warrant?
Yes. Under some conditions, a law enforcement officer may arrest you without a warrant. An officer can arrest you without an arrest warrant if he has grounds to think you have done or tried to commit a crime, an offence, or a violation in his presence. Even if you are not in his presence, an officer can arrest you without a warrant if he has grounds to suspect you have committed a felony or misdemeanour. An officer can arrest you without a warrant if he has cause to suspect that a private individual has made a valid citizen's arrest.