Legal Question in Criminal Law in New York

dui/dwi

i was involved in a car accident and i was arrested for refusing to do a breathalizer test, i was released the next day from jail with section 1192-3 and i have to reappear in court. what does section 1192-3 means and how serious is it. do i need to take an attorney, or can i represent myself.

please advise.

thank you.--


Asked on 1/11/08, 7:05 pm

5 Answers from Attorneys

Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: dui/dwi

Yes, you should have an attorney. Not only are you charged with at least a misdemeanor (which carries a sentence of up to a year in jail), but if you have prior convictions for drunk driving you may be facing even more serious charges. The fact that there was an accident could result in additional charges. Also, you are facing the possibility of having your driver's license revoked. My office routinely handles these types of cases. Please feel free to contact us if we may be of any assistance.

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Answered on 1/11/08, 9:50 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: dui/dwi

Section 1192.3 is the "common law" DWI it is based on observation and is a harder test to prove in court. You should definitely have a lawyer because you risk jail, a stiff monetary fine, loss of license (revocation not suspension) and because if you are going to challenge the charge you have to know how to do motion practice and plea bargaining. You also need to know how to cross-examine...not a natural art form for many.

Finally if you are alleged to have refused a breath test, you have a right to challenge the DMV related suspension. If you missed the DMV hearing, you will need a lawyer to see if you can still get a DMV reversal. Even if you did actually refuse, the discovery from one of these out of court hearings is often invaluable on the case in chief.

Remember, Abe Lincoln told his clients a client who uses himself as a lawyer, is a fool of a client, or words to that effect.

I have handled hundreds of cases like yours. If you would like to talk to me about representing you please contact me by following the links below.

Good Luck.

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Answered on 1/12/08, 12:35 am
Steven Czik CZIK LAW PLLC

Re: dui/dwi

You most definitely should retain a lawyer to defend your case in court. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 1/14/08, 1:50 pm
Robert Evans Robert S. Evans esq.

Re: dui/dwi

You are charged with a misdemeanor which carries with it a criminal conviction, possible jail time and loss of your drivers license. You should definitely retain an experienced DWI defense attorney to assist you in dealing with the situation.I hande matters such as yours on a frequent basis, you may call my office @7188340087 for a free phone consultation.

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Answered on 1/13/08, 10:12 am

Re: dui/dwi

You have been charged with driving under the influence. 1192(3) is known as common-law drunk driving; its based upon the officer's observations of your driving and your physical condition. Its an unclassified misdemeanor so its serious. You should definatly have an attorney.

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Answered on 1/11/08, 7:15 pm


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