Navigating Legal Complexities with a Rensselaer NY Traffic Ticket Lawyer

Viscosi Law: Your Premier Rensselaer Traffic Ticket Lawyer

Traffic violations in Rensselaer, NY, can range from minor infractions to serious offenses such as Driving While Ability Impaired (DWAI). These charges carry severe penalties, including fines, license suspension, and even jail time, significantly impacting your life. With such high stakes, it’s crucial to have a dependable legal advocate by your side. Viscosi Law, a trusted law firm in New York, stands out as a beacon of hope, offering expert legal representation and unwavering support. Led by seasoned attorneys with a wealth of experience, Viscosi Law is dedicated to providing the highest level of legal representation to those facing traffic violations.

Understanding DWAI and Its Implications

What Is Driving While Ability Impaired?

Driving While Ability Impaired (DWAI) is a severe offense in New York, referring to operating a motor vehicle under the influence of drugs, alcohol, or a combination of both, impairing a driver’s ability to operate the vehicle safely. This includes prescription medications, over-the-counter drugs, and illegal substances. Understanding the gravity of a DWAI charge is crucial, as it can lead to significant legal consequences.

Key Facts and Statistics

• Illegal to Drive While Impaired: In New York, driving while impaired by any substance, including drugs or alcohol, is illegal.
• Rising Trend: According to the National Highway Traffic Safety Administration (NHTSA), drug-impaired driving is on the rise and was involved in 44% of fatal crashes in 2016.
• Blood Alcohol Content (BAC): A driver can be charged with DWAI if their BAC is between .05 and .07 percent, or if they are impaired by drugs or a combination of drugs and alcohol.
• Penalties: Penalties for a DWAI conviction can include fines, license suspension, community service, and jail time. Repeat offenders face more severe penalties.
• Impact on Daily Life: A DWAI conviction can affect a person’s ability to drive, work, and carry out other important aspects of daily life.

Possible Charges Associated with DWAI

1. DWAI (Alcohol): Charged if a driver has a BAC between 0.05% and 0.07%. Penalties for a first offense can include a fine of $300-$500, up to 15 days in jail, and a 90-day license suspension.
2. DWAI (Drugs): Charged if a driver is found to have any amount of drugs in their system impairing their ability to drive. Penalties for a first offense include a fine of $500-$1,000, up to one year in jail, and a six-month license suspension.
3. Aggravated DWAI: Charged if a driver has a BAC of 0.18% or higher. Penalties for a first offense include a fine of $1,000-$2,500, up to one year in jail, and a one-year license revocation.

The Role of Viscosi Law in DWAI Defense

Expertise in DWI and DWAI Defense

At Viscosi Law, the attorneys understand the significant impact a DWAI charge can have on your life. They bring extensive knowledge of New York DWAI laws and provide the legal representation and guidance necessary to protect your rights and achieve the best possible outcome.

Comprehensive Legal Representation

1. Personalized Attention: Viscosi Law takes a personalized approach to each case, ensuring that no stone is left unturned in your defense. Their team will thoroughly investigate the circumstances of your case, gather evidence, and develop a robust defense strategy.
2. Fearless Advocacy: Attorney Michael Viscosi is known for his fearless trial advocacy, ready to vigorously defend your innocence before a judge and jury if negotiations fail.
3. Compassionate Client Support: The firm is committed to providing compassionate support, guidance, and reassurance throughout the legal process, minimizing stress and uncertainty for clients.

Penalties for DWAI in New York

The penalties for DWAI can vary depending on the type of impairment, the number of prior DWAI or DUI convictions, and the level of intoxication. Here are some potential penalties:

• First-Time Offense: A fine of up to $1,000, a maximum of 1-year driver’s license suspension, and up to 15 days in jail.
• Second-Time Offense: A fine of up to $5,000, a maximum of 18 months driver’s license suspension, up to 30 days in jail, and the installation of an ignition interlock device.
• Third-Time Offense: A fine of up to $10,000, a maximum of 18 months for driver’s license revocation, up to 180 days in jail, and the installation of an ignition interlock device.

Importance of Immediate Legal Counsel

If you have been charged with DWAI in New York, seeking legal counsel immediately is important. At Viscosi Law, the attorneys have the experience and knowledge to defend your rights and help you navigate the legal system. They will work tirelessly to ensure you receive the best possible outcome for your case, whether that means reducing the charges or having them dismissed altogether.

Defending Against a DWAI Charge

Possible Defenses for DWAI

• Lack of Probable Cause: A DWAI arrest must be based on probable cause. If the officer did not have a valid reason to stop the driver, any evidence gathered during the stop might be suppressed.
• Breathalyzer Test Errors: Breathalyzer tests can be unreliable and may produce false positive results. An experienced defense attorney may challenge the accuracy of the breathalyzer test.
• Field Sobriety Test Errors: Field sobriety tests can be challenging even for sober individuals. A defense attorney may challenge the validity of these test results.
• Rising Blood Alcohol Level: In some cases, a driver’s blood alcohol level may have been below the legal limit when driving but increased to a level above the limit by the time they were tested.
• Necessity: In rare cases, drivers may have been forced to drive while impaired to avoid more significant harm. This is a “necessity defense.”
• Improper Stop or Search: If the police officer who stopped the driver did not follow proper procedures, any evidence gathered during the stop may be suppressed.

What Happens If Charged with a DWAI?

Being charged with DWAI can lead to severe and long-lasting consequences, including fines, license suspension, ignition interlock device installation, probation, jail time, increased insurance rates, and a criminal record. The specific consequences will vary depending on the case details, such as BAC level and prior criminal history.

Can You Get a DWAI Charge Expunged?

Expungement is not an option for criminal records in New York State. However, New York does have a process for sealing certain criminal records under specific circumstances. Sealing a DWAI conviction may be possible after a certain amount of time has passed since the completion of the sentence. It’s best to consult with a knowledgeable criminal defense attorney to determine whether sealing or other options for relief may be available.

Why Choose Viscosi Law?

Expertise and Experience

Viscosi Law is led by Michael Viscosi, Esq., a skilled and experienced attorney specializing in personal injury, medical malpractice, and workers’ compensation cases. With over 20 years of legal experience, Michael Viscosi has a proven track record of success in representing clients who have been injured due to the negligence of others.

Personalized Legal Representation

Viscosi Law prides itself on providing personalized attention to each client. The team works closely with clients to understand their unique circumstances and develop a legal strategy that meets their needs. This personalized approach ensures that every client receives the best possible legal representation.

Compassionate Client Advocacy

At Viscosi Law, the attorneys are dedicated to fighting for their client’s rights and interests in court and negotiations with opposing parties. They provide compassionate support and guidance throughout the legal process, helping clients navigate the complexities of their cases with confidence.

Call to Action: Contact Viscosi Law Today!

If you or a loved one has been charged with DWAI in New York, do not hesitate to contact Viscosi Law today. Their experienced attorneys are ready to fight for your rights and provide you with the legal representation you deserve.

Location and Contact Information

• Location: 122 West Main St. Johnstown, NY 12095
• Email Address: michael@viscosilaw.com
• Contact No.: +1 (518) 762-0011

Facing a DWAI charge can be overwhelming and stressful, but with Viscosi Law by your side, you can navigate the legal complexities with confidence. Their commitment to justice, personalized attention, and compassionate client advocacy make them the ideal choice for legal representation in Rensselaer, NY. Schedule your free consultation today and take the first step towards reclaiming your peace of mind. Trust Viscosi Law to be your steadfast advocate, ensuring your rights are protected and your future is secure.