Stephen K. Underwood, Attorney at Law

Category: "DWI"

05/30/15

  06:05:00 pm, by admin   , 213 words  
Categories: DWI

World's Dumbest, and One of the Smartest, Drunk Drivers

The Stupid Drunk Drivers Wish They had been Schooled by the Master

The 2015 Memorial Day weekend resulted in many DWI arrests in the State of New York. The NY State Police alone arrested 187 People for DWI over the Memorial Day weekend.

These holiday DWI dragnets often yield a crop of the most stupid drunk drivers similar to those that follow.

The Dumb Ones

First there is the guy in Florida that was arrested for DUI because he had a serious itch that he could not scratch. Even the cops had a hard time maintaining their composure.

Second, you have the guy in Arkansas that compliments the cops for getting guys like him off the street.

Third, you have the woman in Texas that says that she is not drunk but has a little problem saying the alphabet.

The Master

If you were looking for an idea about how you should act after being pulled over for DWI check out this two part video of the master. This guys truck was stopped in the middle of the road on a busy street in Portland Oregon. The cops were called to the scene based on a suspicious person report. Notice how he artfully evades the cops questions until one of them gives up.

PART 1      PART 2

 

05/12/15

  03:30:00 pm, by admin   , 198 words  
Categories: DWI

Vince's Law | 3rd DWI |DWI Lawyer Buffalo NY

Vince's Law, Three-Strike DWI Law

 Vince's Law | DWI lawyer buffalo NY

Governor Cuomo signed Vince's Law on August 1, 2014. Vince's Law took effect in November of 2014. Vince's Law will increase the penalties for three time DWI offenders when all of the convictions occurred on or after the enactment of the law.

The bill is named after Vincent Russo, an elderly Onondaga County man, who was killed by a drunk driver that had five prior alcohol related driving convictions. The convictions had occurred mostly within a 17 year period before the accident that killed Mr. Russo.

Currently (regardless of Vince's Law), if an individual is charged with a second DWI within ten years of the first DWI conviction, it constitutes an E felony. Once a DWI conviction becomes ten years old it no longer counts as a predicate conviction for a second DWI.

However, Vince's Law expands the penalties for an individual that has a third DWI conviction within a fifteen year period regardless if the second DWI conviction was charged as a misdemeanor. Therefore, a third DWI within fifteen years, will be charged as a D Felony which carries up to a $10,000 fine and up to 7 years in state prison.

see Vehicle and Traffic Law Section 1193

04/16/15

  03:31:00 pm, by admin   , 275 words  
Categories: DWI

How to Choose a NY DWI Lawyer | Buffalo NY DWI Lawyer

How to Choose a NY DWI Lawyer

If you have been arrested for DWI in Buffalo NY you are going to need an experienced DWI attorney. Regardless of whether your DWI is a felony, you should seek an attorney with criminal law experience, and one that understands the new DMV Regulations regarding Repeat DWI Offenders

Choosing a lawyer with criminal law experience is important for the following reasons:

1) The stop by the police may have been unconstitutional.

2) The damaging statements you made to the police may not be admissible in Court.

3) The police may have made an unconstitutional entry into your home to make the arrest.

4) The DWI defense requires knowledge of the rules of evidence.

5) The end result of the case may impact your driver's license, criminal record, reputation, job, insurance rates and your freedom.

Choosing a lawyer that understands the new DMV Repeat Offender Regulations is important because:

1) Depending on your driving history a new DWI Conviction could lead to a 2 year, 5 year, or Lifetime Drivers License Revocation.

2) Even if you are not convicted of DWI, a finding by the DMV that you refused to take the breath test, can impact your driving record to the same extent as if you had been convicted.

3) A failure of the attorney to understand the new regulations can lead to unintended consequences for you.

If You Would Like to Read More About DWI

Visit my Dedicated DWI Website

Otherwise Contact me now for a Consultation

Please call (716)-656-7676 for a free phone consultation or CLICK HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.

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