Articles Posted in DWI/DWAI

As I discussed in my previous post, DWI charges in New York and New Jersey can effect people from all walks of life and have very serious consequences. Getting an experienced lawyer involved early can make the difference. Evidence needs to be obtained and preserved. For instance, are there credit card receipts or restaurant bills that can be obtained and demonstrate how much alcohol was consumed? Are there bartenders, waiters friends or family members that need to be interviewed and if there was an accident has the car and/or scene been photographed? Put simply, there are a myriad of facts that can be sought and preserved to obtain evidence to be used for your case.

Yet despite all of these potential avenues of attack and the severe consequences of a guilty plea, many attorneys simply recommend that their clients plead guilty without thoroughly investigating the case and without fully explaining all of the consequences of a guilty plea.

This is a scary period of time. You cannot afford to lose your head. The bottom line in all of this is simple. Consult an experienced attorney that you trust as soon as possible. Make sure that the lawyer you hire handles DWIs and then follow his or advice. Ask questions. Make sure you understand your rights and your responsibilities. All too often your actions after your arrest including when you hire an attorney and who you hire can have a significant effect on the outcome of the case.

As if to prove the point of my last post about the pervasiveness of Drinking and Driving in the New York metropolitan area, I just came across the article about a prominent New York Attorney, Albert Gaudelli getting arrested in Queens for DWI.

What particularly caught my attention about this case is that he was apparently drinking at a party hosted by Queens District Attorney Richard Brown who will now be responsible for prosecuting Mr. Gaudelli. In addition, if you read the article, you will see that Mr. Gaudelli, a prominent criminal attorney in New York, also tried to escape from the police by backing away and hitting a police car in the process.

Many of you may remember Albert Gaudelli as the attorney who represented Nicholas “Fat Nick” Minucci in the Howard Beach, New York hate crime trial.

In New York and New Jersey Driving While Intoxicated (DWI) is one of the most pervasive charges facing individuals today. Pervasive in that it is a charge that unlike most other criminal charges, pervades every element of our society. Unlike other criminal defendants who are more often young and poor and often have extensive criminal records, people charged with DWI include teens and baby-boomers, blue collar and white collar individuals, people who drive for a living, and people who would never even think of committing another crime. And pervasive because few other charges can have such far reaching effects. While most criminal charges can result in probation, a fine or even jail, few other charges can result in the loss of your driving privileges and long lasting effects on your insurance premiums. In addition, a conviction can leave you with a permanent criminal record. (In New Jersey the average DWI conviction can cost over $3500 exclusive of insurance premium increase and attorneys fees)

Yet, despite these consequences, few who are accused and few lawyers ever challenge these cases thinking that the prosecution’s case is to strong to successfully litigate.

To further complicate the matter, the recent trend towards toughening DWI laws has created a maze of statutes that are often confusing to not only individuals but also to all but the most experienced lawyers. For instance, while most states suspend or revoke the license of those who refuse to take a breath or other chemical test, New York State now also suspends the licenses of those who do, prior to conviction, while the matter is being litigated. In addition, many places also summarily seize your vehicle.