What Happens After An Arrest for Driving While Intoxicated (DWI) in New Rochelle?
In the City of New Rochelle, motorists are arrested and processed by either the New Rochelle Police Department, New York State Police or the Westchester County Police Department. Upon release the motorist is most often given a desk appearance ticket to appear in court or a court date to appear at the bottom of any tickets issued.
This initial appearance is the arraignment date and it is extremely important to hire an experienced DWI defense attorney in advance of that DWI arraignment date. At Proto, Sachs & Brown, LLP we have decades of experience defending DWI charges in New Rochelle and are published authors in the area of DWI defense.
The New Rochelle City Court meets weekdays at 9:30 am. The Court is located at 475 North Avenue in New Rochelle. On the arraignment day paperwork has to be processed and then the case is called before the Court. It can take a few hours to have the paperwork organized and processed by the Court and the District Attorney's Office but on subsequent dates there is less waiting and the case is usually called in order of readiness or when the attorney checks the case in with the clerk.
The DWI Arraignment in New Rochelle
At the arraignment paperwork is exchanged, bail is considered, and a plea is entered. The Court will mandate a alcohol evaluation. The motorist’s driver's license or privilege to drive in New York State is suspended but if certain criteria is met the New Rochelle Judge can continue limited driving privileges for the motorist.
The arraignment is a very important step in the process and if you are charged with a DWI offense you must have an experienced DWI lawyer with you to properly defend the case.
Enforcement of DWI laws in New Rochelle
Due to the growing social concerns and publicity, law enforcement in New Rochelle, NY has taken a zero tolerance approach to individuals stopped and charged with Driving While Intoxicated (DWI). In fact, over the recent years arrests for DWI have started to reach record highs throughout Westchester County. In New Rochelle specifically this includes the traffic volume from, I-95, the Hutchinson River Parkway, Route 1 and the many secondary roads in the City.
How Can Proto, Sachs & Brown, LLP help with my DWI arrest?
The DWI defense attorneys at Proto, Sachs & Brown, LLP has dedicated themselves to helping those charged with alcohol related offenses and defending those charged with DWI in the New Rochelle City Court.
They are nationally recognized as a leading lawyers in New York in the area of DWI defense, Attorney Andrew Proto was a featured author of Strategies for Defending DWI Cases in New York (2015 Edition). For his many DWI clients in the New Rochelle City Court, his experience, knowledge and resources have been incredibly valuable assets. Let his insight work for you as well.
We promise that your case will receive personalized attention, that you will be vigorously defended and that you will be kept informed regarding your case at all times.
Our common DWI defenses in New Rochelle include:
· Improper police stop of a vehicle - No Probable Cause
· The police failed to follow proper procedures
· Improperly administered Field Sobriety Tests (FST)
· Improper BAC testing or blood sample storage
· Motorist medical conditions
· Miranda violations and/or improper custodial interrogation
· Illegally obtained evidence
· Improper or inadequate refusal warnings
· Failure to conduct a proper police investigation before an arrest
What You Need to Know if You are Charged with DWI in New Rochelle
Most drivers are totally unaware of the penalties that may result from being arrested for and/or later convicted of a DWI related offense.
· A Conviction for DWI (or driving while intoxicated) within New York State is a misdemeanor, meaning it is a criminal offense which will stay on your permanent record. A second offense for DWI within a ten year time frame will be charged as a felony and carries more severe penalties.
· The Loss of Your Driver's License or Privileges within New York State. A conviction for DWI will result in a revocation of your New York State driver's license for a minimum six month period. A conviction for DWAI (a violation under the law) will result in a 90 day suspension (not a revocation). The main difference is that a suspension will end automatically, a revocation will not. Commercial drivers are face a suspension for a minimum of one year, regardless of the type of vehicle you were operating at the time of arrest.
· Conditional Driving Privileges. At the exclusive discretion of the New York State DMV, you may receive a conditional license after a DWI conviction. Essentially, a conditional license allows a person to travel to/from employment, school and/or medical necessities (for both yourself and members of your immediate family) and, within the discretion of the New York State DMV, three personal hours of driving per week. The granting of a conditional license requires attendance at the Drinking Driver Program (DDP) which is a seven week program costing $175.00 and the payment of $75.00 to DMV for the conditional license.
· Your Professional Licenses: Felony DWI conviction will subject you to a loss of your professional licenses. These licenses may include an attorney's bar association licenses, broker's licenses (including real estate, mortgage and stockbroker) and medical licenses.
· Refusal to Give Breath/Blood/Urine Test When Asked by Police Officer at Scene: ANY refusal to submit to chemical test will result in a loss of your New York State driver's license (or privileges if you are an out of state driver) for a one year period. Conditional licenses are not granted to those who refuse the chemical test.
· Possible Jail or Probation: A conviction for DWI is punishable by a sentence of up to one year in jail in New York State. The likelihood of jail increases dramatically either for a high BAC reading or if additional factors are involved such as a personal injury or property damage accident, a reckless driving charge a high speeding or other factors, such as going through a red light in a crowded intersection. If the Court requires probation, probation on a misdemeanor is three years in length while felony probation is five years in length.
Contact Us Today
If you have been charged with a DWI in the City of New Rochelle call our DWI lawyers today for a free initial consultation. Our main office is located at One North Broadway, Suite 401 in downtown White Plains.
A DWI charge is a very serious offense and you deserve the very best in legal representation.