Aggravated DWI is not a felony…Unless it is….

     And if that’s not lawyer-speak then I don’t know what is! But it’s true nonetheless. Aggravated DWI in New York is codified in VTL Sec. 1192.2-a, and within that section are two subsections, (a) and (b).

      VTL 1192-2-a(a) or per se Aggravated DWI, establishes a separate offense for driving with a BAC of .18 or higher. A violation of 1192.2-a(a), in and of itself, is still a misdemeanor level offense, although the sanctions and penalties for a conviction are more severe than for a “straight’ DWI; but it is NOT a felony. (However, if you have at least one prior DWI conviction within the past 10 years you could be charged with a felony, regardless of whether this BAC rises to an aggravated level or not.)

     On the other hand, a violation of VTL 1192.2-a(b) IS a felony straight out of the gate. 1192.2-a(b) makes it an automatic felony to commit the offense of DWI, DWAI or combined influence DWI while a child younger than 16 years of age is in the vehicle. This is more commonly known as “Leandra’s Law” in honor of Leandra Rosado, an 11 year old girl who was tragically killed in drunk driving accident in New York City in 2009.

      A conviction of either one of these offenses can pretty much ruin your day, year, and possibly life. So if you find yourself on the short end of an Aggravated DWI arrest, you need DWI defense attorneys experienced in defending these very serious DWI charges; you need Catalano & Carpenter LLP. Call us today to at (845) 454-1919 schedule a free DWI consultation.

High BAC? Call C&C?

Catalano & Carpenter LLP

4 Liberty Street

Poughkeepsie, New York 12601

(845) 454-1919

www.CatalanoCarpenter.com

My BAC and Me

High BAC? Call C&C!

But what does BAC mean?

BAC stands for Blood Alcohol Content and, just like it sounds, is a measure of the alcohol content in your blood. POW…Mind blow.

The minimum BAC in all 50 states that will get you bagged for DWI is 0.08 of 1%. NOTE: that’s NOT .08%; it’s actually 0.0008, which would mean that you have successfully replaced 0.0008 of your blood (or the water that should be in it) with straight alcohol. That alcohol (or at least the alcohol that hasn’t yet been broken down by your liver) then gets pumped throughout your entire body, including to the brain, resulting in a unique medical phenomenon doctors refer to as “Drunky McWastypants.”

Occasionally I’ll get a call from a potential client who tells me they blew a “2.1” or something like that. As much as I would love to hear the details of how someone managed to replace 0.0021 of their blood with alcohol and somehow continue breathing (forget about driving!), I’ll quickly move on to other issues and assume, always correctly, that they really blew a 0.21. Why? Because they’d be far too busy attending their own funeral instead of calling me if they really blew a 2.1. While theoretically it may be possible to blow a 1.0 or higher, practically speaking it’s damn near impossible to get your BAC that high without first passing out and/or, ya know, dying. On average, even the most hardcore drinkers will black out around 0.4 to 0.5. Granted, alcohol effects everyone differently and depends on a lot of daily and personal variables, but if you’ve managed to get yourself to a 0.5, you should also manage to get yourself to a hospital (Call an ambulance! Better yet, have a coherent friend call the ambulance… Don’t drive yourself to the hospital!)

I’ve seen a lot of high BAC’s, the highest I think was somewhere around .38. I know another attorney who’s seen a 0.4-something. Even the prosecutors I speak with who only prosecute DWI’s can’t remember ever seeing anything above a 0.4-something. So keep that in mind the next time you think to yourself, “Psh, a .08 is nothing!” It is, in fact, a whole lot of something.

BUT! Just because your BAC reads high at the police station (or from a blood test) doesn’t mean it IS that high! That’s where we come in. If you’ve been charged with Aggravated DWI (in violation of NYS VTL Sec. 1192.2-a, having a BAC of .18 or higher), you need DWI defense attorneys who know how to defend you against those high – and potentially damning – numbers. You need Catalano & Carpenter LLP. Call (845) 454-1919 now to schedule a free DWI consultation.

High BAC? Call C&C!

Criminal defense attorneys love to brag about that one client they represented who had that crazy high BAC, we’re talking like a .28! “Wow,” says whoever is listening, “what happened with the case?” “I pled him out to the Aggravated DWI; what else can you do with a BAC like that?!” Whereupon my tongue immediately starts to bleed from the involuntary pressure of my teeth...

But my inner DWI defense attorney (who is just a little chippier than the outside DWI defense attorney) is absolutely SCREAMING!! What else can you do?!?! Uumm, how about A LOT!!!!

High BAC readings, from either a Draeger, Datamaster, Intoxilyzer or even blood tests can be intimidating to someone not experienced enough to understand that they are looking at a potentially huge opportunity. But a skilled DWI defense attorney, like the ones here at Catalano & Carpenter LLP, sees that opportunity and immediately goes to work in attempting to debunk the BAC because, yes, in some instances that can actually be done! But your attorney has to know how. Unfortunately, not all criminal/DWI defense attorneys do. I'm guessing you probably want yours to, tho.

All DWI convictions can cause significant problems for anyone who has to live with it, including innocent family members who have to pick up the slack. But Aggravated and Felony DWI convictions can be downright devastating resulting in higher fines, longer periods of license revocation, and a better chance of incarceration. If you have been charged with Aggravated DWI (BAC of .18 or higher) or Felony DWI, you need a DWI defense attorney who knows how to defend against those most serious of DWI offenses; you need Catalano & Carpenter LLP. Call (845) 454-1919 today to schedule a free consultation.

Happy Cinco de Mayo!

A sincere Happy Cinco de Mayo to all our Mexican friends (and to everyone else who just uses the holiday as an excuse to drink)!

Since it IS a holiday that lends itself to excessive drinking, you can bet your maracas that there will be enhanced police patrols out there today into tonight looking for buzzed, drugged and drunk drivers. Might even come across a DWI checkpoint or two! And they’ll be stopping cars for minor infractions they wouldn’t normally even think twice about. So when that thought creeps into your head after that third, fourth or tenth cerveza telling you you’re good to drive, shut it down…just like the Mexican army did to the French in 1862!! Little Cinco de Mayo trivia for ya’ there…  You’re welcome.

If you are going to have a few today, be smart enough to think ahead and designate a DD. And if those unplanned tequila shots sneak up on you, call a cab or walk. You don’t like to call cabs because they’re too expensive? How about a DWI grand total somewhere in the vicinity of $5,000 to $10,000? Even if you end up hailing the world's most expensive cab that charges half that, you're still ahead of the game! 

But if you do find yourself on the heavy, steely, handcuffed end of a DWI stop, the only smart thing you could have done to that point would have been to save our number in your phone first. Put it in there now, Catalano & Carpenter LLP at (845) 454-1919 or our after-hours number at (914) 512-7641. Have fun! Be safe! You’re not the only person in danger when you drive drunk!        

Catalano & Carpenter LLP

4 Liberty Street

Poughkeepsie, NY 12601

(845) 454-1919

www.CatalanoCarpenter.com

Todd@CatalanoCarpenter.com

"Knowledge, Experience & Commitment When You Need it Most"

Why Do You Need a NY DWI Defense Attorney?

Actually, let’s put a finer point on it: why do you need Catalano & Carpenter LLP as your DWI defense attorneys?

Do you perform your own dental work? How about your own surgeries? Hell, I won’t even attempt to work on my own car, and I’m pretty sure I’m not alone there! But you still think you can defend your own DWI?

There’s a reason each of those areas have people devoted solely to practicing them, people called professionals. Because it just makes sense to leave those tasks to the people who know what they’re doing, who have trained for years with the very instruments needed to solve your problem; people who know what they’re looking at and what they’re talking about. And for better or worse, that includes attorneys.  

A “professional” is a person engaged or qualified in a profession; basically someone who can honestly say "[this] is my thing." The law is an attorney's "thing." More specifically, DWI is a DWI defense attorney's thing, and in some ways a lot like that car engine of yours that knocks on the highway: there's something not quite right with it, you know it, no doubt in your mind. But if you take that engine apart yourself to fix that knock, you're just going to end up needing a new car... with no trade-in to help! 

When it comes to your DWI, I’ll bet most of you feel the same way: "There’s something squirrelly about that stop/arrest/cop/machine/(insert issue of your choice here) because I know I wasn’t drunk!"

And you may be right! But how are you going to prove it? Go into court and ask the cop a bazillion irrelevant and potentially damaging questions until you hopefully stumble upon the real problem? Argue ineffectively with the judge until he or she hopefully agrees with you just to shut you up? Or stare at the pages of discovery that mean absolutely nothing to you until you go cross-eyed and decide to fake it?

Trust me, I’ve seen each of those approaches in action (by pro se defendants AND ill-prepared attorneys) and I wouldn’t recommend any one of them. You go down that road and you’ll be no better off than the person with a car engine in a 100 different pieces on the floor in front of them…sure you may have found the problem, but the engine - and ultimately the car - is in all likelihood lost forever.  

DWI defense is not - and absolutely cannot - be approached in the same manner as a first-day auto shop student gutting a 1970 Gremlin. It requires recognition of very specific – and often very technical – legal and scientific issues. And once those issues are spotted, it’s even more important to know what to do with them! (“Uh…I know this weird little octopus-looking thing came from something important on that engine…”).  This can only be done accurately and effectively by an experienced and knowledgeable DWI defense attorney (notice that I said DWI defense attorney, not criminal defense attorney…see my previous article for more on that).

The DWI defense attorneys of Catalano & Carpenter LLP have that experience and knowledge. And even the smallest issue in the hands of an attorney who actually knows what to do with it has the potential to dramatically improve the outcome of your case.

If you want to get rid of that troublesome and potentially disastrous knock in your engine, you need a professional to fix it as soon as possible so you can keep moving forward.

You need Catalano & Carpenter LLP. Call us today at (845) 454-1919 or visit us online to schedule a free DWI consultation.      

How Much Does a NY DWI Attorney Cost?

Allow me to answer your question with a few questions of my own (I am a lawyer after all):

What’s more important to you: Saving a few bucks on a cheap(er) attorney?  Or keeping your driver’s license?  Keeping your job?  Protecting your future?  Keeping your freedom?

An attorney’s fee is obviously a very important consideration when deciding who should represent you in your DWI case (or any criminal case for that matter).  But that’s all it should be, a consideration.  To hire an attorney based on fee alone may be the biggest mistake you could ever make in your life.   And if you make the wrong choice, it could very well cost you some of the most important things in your life.   It’s your life.  You should want to fight for it and do what needs to be done to have the best opportunity to protect it.

That doesn't mean you should run out and hire the most expensive attorney you can find thinking that by handing over your life savings your case will automatically be dismissed!  But it does mean you shouldn't balk at the attorney who has a slightly higher fee than others.  Instead, ask yourself why they charge more.  Check that.  Ask the attorney why he or she charges more!  If they can’t give you a legitimate explanation, well, then grab your coat and hat and get the hell out of there.   

But any acceptable explanation should educate you as the potential client as to that particular attorney’s experience as a DWI defense attorney.  Note that I said experience specifically as a DWI defense attorney, not just experience as an everyday “defense attorney”.  Remember Venn Diagrams from school?  Think of it like that:

All DWI defense attorneys are criminal defense attorneys; but not all criminal defense attorneys are DWI defense attorneys.

An attorney who has more experience defending DWI clients should charge a little more than another attorney who doesn’t have so much experience, don’t you think?  All of those years of experience are valuable; they’re worth something, not just to the attorney, but to you as the client! 

• Experienced DWI defense attorneys know what to look for; they know where the potential problems are and where potential points may be scored against the prosecution.  
• They know the Assistant District Attorneys who prosecute DWI offenses; which ones negotiate and how best to do it. 
• They know the individual judges and their personal policies and pitfalls with respect to DWI cases.
• They know the arresting officers, not just from seeing their names on the paperwork, but from interacting with them at hearings and trials; they know how the officers will react on the stand. 
• They know how chemical test machines work, what the potential problems with the machines are, and what all those pages with all the little numbers all over the place mean (and what the little numbers themselves mean!).
• They know how each consequence of each conviction or disposition will affect every client. 
• They understand and can explain to you what actions the DMV will take in certain circumstances and how that might affect your overall case.
• They know how to handle a refusal and what happens at a refusal hearing, and how the result of that hearing will affect your criminal cases.
• And countless other nuances to DWI defense that the unfamiliar attorney who merely dabbles in DWI defense will never understand. 

All of that experience and knowledge significantly increases your chance of getting a decent resolution (although, as with all things in life and Vegas, there is never a guarantee).

So, really, wouldn't you want the person who knows more than the other guy about something that can quite possibly affect the rest of your life?  And those few extra dollars you spend now on the attorney worth his or her salt in DWI defense could actually end up saving you hundreds and possibly thousands of dollars at the conclusion of your case.

The DWI defense attorneys at Catalano & Carpenter LLP strive to provide exemplary service to all of our clients, DWI and otherwise.  Sure, sometimes we’re a little more expensive than some other attorneys in the area (and sometimes we’re not), but no matter what the fee or the case, our clients can rest assured they are receiving the highest service we can possibly provide. 

If you or someone you care about has been charged with DWI, call the experienced DWI defense attorneys at Catalano & Carpenter LLP at (845) 454-1919 today or visit us at www.CatalanoCarpenter.com to schedule a free no obligation consultation.

Underage DWI and New York Zero Tolerance Laws

If you’re under 21 at the time of your arrest for an alcohol-related driving offense, the penalties for a conviction may vary greatly from the same conviction for someone over 21.  That only makes sense tho, right? The law says you can’t drink at all. So by drinking and driving, you’re breaking even more laws than the person over 21 who also made the poor choice to drink and drive!  But believe it or not, your age may actually work to your advantage if you do get arrested for DWI under 21!

Generally speaking, there are two ways an underage DWI can go down: it can be handled 1) in the criminal courts (as an underage/possible youthful offender), or 2) at the administrative/DMV level (as a Zero Tolerance violation).  This blog entry discusses only Zero Tolerance laws.        

How your case is ultimately resolved will depend on many factors, including what you are initially charged with, obviously!  A violation of the Zero Tolerance Law (VTL 1192-a) is a chargeable offense (if your BAC at the time you were driving was between .02 and .07).  However, most law enforcement agencies (at least most of the ones I deal with on a regular basis) rarely, if ever, charge a violation of 1192-a.  They will instead issue a violation of Driving While Ability Impaired (DWAI) in violation of VTL 1192(1) and let the chips fall where they may.  In that situation, it is up to your attorney to convince the prosecutor why you should be granted the enormous break of a Zero Tolerance adjudication rather than an alcohol related conviction. 

So what is so great about a Zero Tolerance adjudication?  Plenty!  Below is a list of just what a Zero Tolerance adjudication involves in terms of penalties and other sanctions.  Keep in mind this list applies only to Zero Tolerance adjudications (not criminal convictions).  

Prompt Suspension Law (“suspension pending prosecution”)

In the case of underage offenders charged with a violation of VTL 1192(1) – DWAI – only, the court will suspended the person’s license/permit/driving privileges at the first appearance (as opposed to a person over 21 who cannot be suspended pending prosecution unless there is proof of a BAC of .08 or higher, i.e., DWI or Aggravated DWI only).

Conversely, the license/permit/driving privileges of a person charged with a violation of VTL 1192-a (the Zero Tolerance Law) only cannot be suspended at arraignment, or where your attorney has worked out a Zero Tolerance resolution with the prosecutor prior to your first appearance. (Clearly then it is to your advantage to call us immediately after your arrest to provide us an opportunity to resolve your case prior to arraignment).

Zero Tolerance Penalties/Sanctions

First Offense

• NOT a criminal conviction;
• License/permit/driving privileges suspended for 6 months;
• If a refusal (first offense), revoked for at least one year;
• Registration may be suspended for 6 months;
• $125 civil penalty;
• Likely eligible for Drinking Driver Program (DDP) and a conditional license; and
• Successful completion of DDP may result in early termination of 6 month suspension

Second Offense***

• NOT a criminal conviction;
• License/permit/driving privileges revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
• If a refusal (second offense); revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
• Registration may be revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
• $125 civil penalty;
• NOT eligible for DDP or conditional license.

***Keep in mind, however, that if you’ve already been permitted one Zero Tolerance adjudication by the prosecutor, the odds of a second within such a short period of time are very slim!

Records are Sealed/Destroyed

All records of a Zero Tolerance adjudication are deemed destroyed after 3 years from the date of a hearing resulting in a Zero Tolerance finding or entry of waiver of hearing, or when the person reaches the age of 21, whichever is longer.

The attorneys at Catalano & Carpenter LLP have obtained Zero Tolerance adjudications for many drivers under the age of 21 who were initially charged with violations of VTL 1192. If you are under 21 and have been arrested for an alcohol related driving offense, call us today to discuss your options and whether you may be appropriate for a Zero Tolerance adjudication (please note that if your BAC is anywhere near your age, you’re not getting a Zero Tolerance offer, plain and simple; but other favorable dispositions may still be available).  

A Zero Tolerance adjudication is a great resolution in those cases where a dismissal, ACD, or plea to a lesser traffic violation is not warranted or possible (which is the case in many if not most DWI prosecutions).  The knowledgeable and skilled DWI defense attorneys at Catalano & Carpenter LLP know the ins and outs of obtaining a Zero Tolerance offer.  If you have been arrested for an alcohol related offense and are under 21, call us today at (845) 454-1919 or visit us at www.CatalanoCarpenter.com to schedule a free consultation.  The sooner you call the sooner we can help.

For more information about Zero Tolerance Laws and penalties, visit the following sites:

Safe NY - http://www.safeny.ny.gov/zero-tol.htm

NYS DMV - http://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations