Can a Criminal Defense Lawyer Help with Vehicular Crimes in New York?

By max@dotcomlawyermarketing.com
July 9, 2024
11 min read
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Can a Criminal Defense Lawyer Help with Vehicular Crimes in New York?

If you're facing charges for a vehicular crime in New York, you may be feeling overwhelmed and uncertain about what to do next. The legal system can be complex and intimidating, especially when your freedom and future are on the line. That's where an experienced criminal defense lawyer comes in. At Spodek Law Group, we have extensive experience defending clients against all types of vehicular crimes in New York. Our skilled attorneys can guide you through the legal process and fight to protect your rights every step of the way.

What Are Vehicular Crimes in New York?

Vehicular crimes encompass a wide range of offenses involving the operation of motor vehicles. In New York, some common vehicular crimes include:
  • Driving While Intoxicated (DWI)
  • Driving While Ability Impaired (DWAI)
  • Reckless Driving
  • Leaving the Scene of an Accident
  • Vehicular Assault
  • Vehicular Manslaughter
  • Aggravated Unlicensed Operation of a Motor Vehicle
These offenses can range from misdemeanors to serious felonies, depending on the circumstances. Even a misdemeanor conviction can result in hefty fines, license suspension, and potential jail time. For felony vehicular crimes, you could be facing years in state prison.The stakes are high when it comes to vehicular crime charges in New York. That's why it's crucial to have an experienced criminal defense attorney on your side. At Spodek Law Group, we have a deep understanding of New York's vehicle and traffic laws. We know how to build strong defenses against vehicular crime charges and fight for the best possible outcome in your case.

How Can a Criminal Defense Lawyer Help with Vehicular Crime Charges?

If you've been charged with a vehicular crime in New York, you may be wondering - can a criminal defense lawyer really help my case? The answer is a resounding YES. An experienced vehicular crimes attorney can provide invaluable assistance in many ways:

Protecting Your Rights

From the moment you're arrested or charged, you have important constitutional rights that must be protected. A skilled defense lawyer will ensure law enforcement and prosecutors respect your rights throughout the legal process. We'll carefully review the circumstances of your arrest and any evidence collected to identify potential violations of your rights.For example, did the police have probable cause to pull you over? Was a breathalyzer test administered properly? Were you read your Miranda rights before questioning? Any violations of your rights could lead to evidence being thrown out, significantly weakening the prosecution's case against you.

Investigating Your Case

A good defense starts with a thorough investigation. At Spodek Law Group, we leave no stone unturned when building your defense. We'll gather and analyze all available evidence, including:
  • Police reports
  • Witness statements
  • Video footage
  • Breathalyzer/blood test results
  • Vehicle maintenance records
  • Weather reports
  • Road conditions
Our investigation may uncover exculpatory evidence or issues with the prosecution's case that can be leveraged in your defense. We have access to expert witnesses like accident reconstructionists who can provide testimony to support your side of the story.

Negotiating with Prosecutors

In many cases, we're able to negotiate with prosecutors to get charges reduced or dismissed before trial. Our attorneys have strong relationships with local prosecutors and know how to effectively advocate on your behalf. We may be able to:
  • Get charges reduced (e.g. from a felony to a misdemeanor)
  • Negotiate a plea deal with minimal penalties
  • Get charges dismissed due to lack of evidence
  • Arrange for entry into a diversion program instead of prosecution
Our goal is always to resolve your case in the most favorable way possible, ideally without the need for a trial. But if a trial is necessary, you can count on us to provide aggressive representation in the courtroom.

Developing a Strong Defense Strategy

Every vehicular crime case is unique. We'll carefully analyze the details of your situation to craft a defense strategy tailored to the specific circumstances. Some potential defense strategies we may employ include:
  • Challenging the legality of the traffic stop or arrest
  • Questioning the accuracy of field sobriety tests or chemical tests
  • Arguing you were not actually operating the vehicle
  • Demonstrating lack of intent (for reckless driving charges)
  • Presenting evidence of a medical condition that affected your driving
  • Arguing the accident was unavoidable due to road conditions
We'll explore every possible avenue to build the strongest defense for your case. Our experienced trial lawyers know how to present compelling arguments to judges and juries.

Minimizing the Consequences

Even if a conviction can't be avoided, we'll work hard to minimize the consequences you face. We may be able to:
  • Argue for reduced fines and penalties
  • Negotiate alternatives to jail time (like probation or community service)
  • Help you keep your driver's license or obtain a conditional license
  • Arrange for entry into substance abuse treatment programs
  • Advocate for minimum mandatory sentences
Our goal is always to achieve the best possible outcome and help you move forward with your life.

Why Choose Spodek Law Group for Your Vehicular Crime Defense?

When your future is on the line, you need a law firm with the experience, skill, and dedication to achieve results. Here's why Spodek Law Group should be your choice for vehicular crime defense in New York:

Extensive Experience

Our attorneys have decades of combined experience defending clients against all types of vehicular crime charges in New York. We've handled thousands of cases and know the ins and outs of the local court systems. This experience allows us to anticipate the prosecution's strategies and build stronger defenses for our clients.

Aggressive Advocacy

We believe in fighting hard for our clients at every stage of the legal process. From challenging evidence to negotiating with prosecutors to presenting compelling arguments in court, we leave no stone unturned in pursuit of the best outcome. Our attorneys are skilled litigators who aren't afraid to take cases to trial when necessary.

Personalized Attention

At Spodek Law Group, you're not just another case number. We take the time to understand your unique situation and concerns. You'll work directly with experienced attorneys who will guide you through the process and keep you informed every step of the way. We're always available to answer your questions and address your concerns.

Proven Track Record

Our firm has a long history of achieving favorable results for clients facing vehicular crime charges. We've had charges dismissed or reduced, negotiated favorable plea deals, and won acquittals at trial. While past results don't guarantee future outcomes, our track record demonstrates our ability to handle even the most challenging cases successfully.

Comprehensive Approach

We take a holistic approach to vehicular crime defense, addressing not just the legal aspects but also the personal impact on our clients. We can connect you with resources for substance abuse treatment, counseling, or other support services if needed. Our goal is to help you resolve your legal issues and get your life back on track.

What to Do If You're Charged with a Vehicular Crime in New York

If you've been arrested or charged with a vehicular crime in New York, it's important to take the right steps to protect your rights and future. Here's what we recommend:
  1. Exercise your right to remain silent. Don't discuss the incident with police or anyone else without an attorney present.
  2. Refuse field sobriety tests. These tests are voluntary and often unreliable. Politely decline to participate.
  3. Contact an experienced criminal defense attorney ASAP. The sooner you have legal representation, the better your chances of a favorable outcome.
  4. Gather information. Write down everything you remember about the incident while it's fresh in your mind.
  5. Preserve evidence. Don't delete any potentially relevant text messages, emails, or social media posts.
  6. Follow all court orders. Make sure to appear for all scheduled court dates and comply with any conditions of release.
  7. Stay off social media. Avoid posting anything about your case online, as it could be used against you.
  8. Consider treatment options. If substance abuse was a factor, voluntarily entering treatment can look favorable to the court.
Remember, a vehicular crime charge doesn't have to ruin your life. With the right legal representation, it's often possible to minimize the consequences and move forward positively.

Contact Spodek Law Group for Your Vehicular Crime Defense

If you or a loved one is facing vehicular crime charges in New York, don't wait to get the legal help you need. At Spodek Law Group, we're ready to put our experience and skill to work for you. We offer free initial consultations to discuss your case and explain how we can help.Don't let a vehicular crime charge derail your future. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. Let us fight for your rights and work towards the best possible outcome in your case.Remember, the sooner you involve an experienced criminal defense attorney, the better your chances of a favorable resolution. Don't try to handle this alone - reach out to Spodek Law Group and get the skilled legal representation you deserve.

Frequently Asked Questions About Vehicular Crimes in New York

Here are some common questions we hear from clients facing vehicular crime charges in New York:

Q: Will I automatically lose my license if charged with DWI?

A: Not necessarily. While your license may be temporarily suspended upon arrest, we can often help clients obtain conditional or restricted licenses to drive for work or essential purposes. The ultimate outcome depends on the specifics of your case.

Q: Can I refuse a breathalyzer test?

A: You have the right to refuse a breathalyzer, but be aware that refusal comes with automatic license suspension under New York's implied consent laws. Refusal can also be used as evidence against you in court. It's best to consult an attorney about your options.

Q: What's the difference between DWI and DWAI in New York?

A: DWI (Driving While Intoxicated) applies when your blood alcohol content (BAC) is 0.08% or higher. DWAI (Driving While Ability Impaired) applies to lower levels of impairment, including BAC between 0.05% and 0.07%. DWAI can also apply to impairment by drugs.

Q: Can I get a vehicular crime charge expunged from my record?

A: New York does not allow for true expungement of criminal records. However, in some cases, we may be able to get records sealed, which limits who can access them. This is typically only available for certain misdemeanors and non-violent felonies.

Q: What if I'm charged with leaving the scene of an accident?

A: Leaving the scene of an accident (hit and run) is a serious offense in New York. Penalties depend on whether there were injuries involved. We may be able to argue you were unaware of the accident or left for safety reasons to mitigate charges.

Q: How long will a vehicular crime stay on my driving record?

A: Most vehicular crimes stay on your New York driving record for 3-10 years, depending on the offense. DWI convictions typically remain for 10 years. However, they may show up on criminal background checks indefinitely unless sealed.
Offense Time on Driving Record
DWI 10 years
DWAI 3 years
Reckless Driving 4 years
Leaving Scene of Accident 3 years

Q: Can I be charged with a vehicular crime if I wasn't actually driving?

A: Yes, it's possible. New York law defines "operation" of a vehicle broadly. You could potentially be charged if you were in physical control of the vehicle, even if it wasn't moving. We can often challenge these types of charges successfully.

Q: What if I'm charged with vehicular manslaughter?

A: Vehicular manslaughter is an extremely serious felony charge. Penalties can include significant prison time. These cases require an experienced defense attorney who can thoroughly investigate the incident and build a strong defense strategy.

Q: Will I have to install an ignition interlock device if convicted of DWI?

A: For most DWI convictions in New York, yes. An ignition interlock device is typically required for at least 6 months, even for first-time offenders. We may be able to argue against this requirement in some cases.

Q: Can I plead to a lesser charge for a vehicular crime?

A: Often, yes. Through skilled negotiation with prosecutors, we're frequently able to get charges reduced. For example, a DWI might be reduced to a DWAI, or a felony charge might be reduced to a misdemeanor. This can significantly lessen the penalties you face.Remember, every case is unique. For specific advice about your situation, it's best to consult with an experienced vehicular crimes attorney. At Spodek Law Group, we're always here to answer your questions and provide the guidance you need.Don't face vehicular crime charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let our experienced attorneys fight for your rights and work towards the best possible outcome in your case.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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