New York Criminal Attorney Blog

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.