Underage DWI

underage-dwi-drinking-balduf-syracuseRepresentation in Syracuse for Juvenile Delinquents

It is illegal in the United States for any individual under the age of 21 to purchase or consume alcohol. Any individual under the age of 21 caught consuming alcohol or operating a vehicle under the influence of alcohol may be facing very serious charges. Individuals over the age of 21 are allowed a legal blood alcohol content of 0.07% in order to safely operate a vehicle; however, anyone under the age of 21 can only have a blood alcohol content of 0.02%. If you or your family member was arrested and charged with driving under the influence as a minor, it is vital that you retain the representation of a criminal defense attorney. Choose an attorney to represent you that has substantial experience working with minors and defending their rights and driving privileges after a DWI arrest. Our firm can help protect your future!  We practice in Syracuse and it’s suburbs, Oswego, Fulton and Madison Counties.

Even first-time underage DWI offenders can face significant penalties. If you are between the ages of 16 and 21, you may be tried as an adult. Anyone under the age of 16 will most likely be tried in a juvenile court. I am prepared to defend you in either justice system. First-time offenders face up to a year of jail time, fines and community service requirements. In some scenarios, underage drivers will also have their license revoked until age 21 and be required to reapply for a license and be forced to pay a license application fee. Not to mention, underage drivers who are convicted of a DWI will carry a permanent record of a criminal offense. It is absolutely imperative that all necessary actions be taken to defend your future, driving privileges and your rights. An attorney from our firm can help!

Protecting Underage Drivers

Choose an attorney who understands that your future is important to you. There are times when simple mistakes and poor judgment play a factor in these arrests, and when you work with the attorney from our firm, we will do everything in our power to obtain a positive outcome to your case. When you retain our firm, we actively investigate your case and make sure that your rights were not infringed upon during the investigation, traffic stop or arrest. With the guidance of an experienced legal counselor on your side, you can rest assured that your case will be in good hands. I have done significant work with young people accused of crimes and personally oversees each case. I have both adult and underage children of my own and understand how crucial having a working relationship with them can be to protect their future. In order to ensure that your future is prosperous, it is important that you contact our firm right away. You can contact me for a free consultation to get started on building your defense!

See also

College Student Crime at

http://defenselawyersyracuse.com/college-student-crime/

WHAT IS A HUNG JURY?

hung-jury-deliberation-baldufHaving obtained acquittals on behalf of clients as well as hung juries it is helpful to understand some of the basic jury concepts.

WHAT IS A HUNG JURY?

Sometimes a jury becomes hopelessly deadlocked in a criminal case, in which neither side is able to prevail.  Usually this means there is no unanimous verdict.  If the jury is “hung” the trial judge will declare a mistrial.  This is done generally when the jury, after extended deliberation, is unable to change its votes to reach the unanimous verdict required.  A new trial from scratch, with a new jury panel, is required.  The prosecutor or DA can decide not to retry the case, particularly if a majority of the jury favored acquittal.  Most often both the Defense Counsel and DA will attempt to speak with the jurors before they leave to get a feel for the case as they saw it.

CAN A HUNG JURY BENEFIT A DEFENDANT?

A hung jury often brings a Defendant one step closer to being able to walk away from the charges that have been hanging over their head or a plea to a lesser charge with less of a penalty.

SOME BACKGROUND ON JURY DELIBERATIONS

Once the judge finishes reading the jury instructions, the case is “given” to the jury who then retire to deliberate.

Usually, any alternate jurors will now be released. Some attorneys like to seek out the alternates and ask their opinions of the case. The jurors are not required to speak to anyone, but some will. Without having the benefit of speaking with the other jurors, however, the alternates’ views are not always the same as the views of the actual jury. Nearly every trial lawyer, it seems, has a few stories of alternates predicting one verdict when the actual result was the opposite.

In New York State, jury verdicts must be unanimous. In other words, all twelve people must agree to the same verdict. If they don’t agree, the case is “hung” and must be retried in front of another jury. Different judges will permit a jury to deliberate for different lengths of time.

Jurors in New York are no longer sequestered (held together in a hotel overnight) in all cases if they don’t reach a verdict by the end of the day. Jurors are sequestered in New York only in serious violent felony cases.

In many cases, the jury will send notes to the judge requesting certain portions of the trial be read back by the Court Reporter, or requesting that the judge reread portions of the jury instructions.

Be sure to hire a true trial attorney with real and recent trial experience when you are facing criminal charges that will forever impact your life.  Call me at William Balduf, Esq. at 315 474-5533.

See also:

How Do I Post Bail?
CRIMINAL CHARGES CAN CHANGE YOUR LIFE.

How Do I Post Bail?

To post bail there are two types of bail- cash bail and bail bond.

how-do-i-post-bail

 

Post Bail  – Cash Bail

If both the person who will post bail and the defendant are in court, cash bail can be posted in the courthouse, and the defendant can be released before being transferred to jail. This most commonly occurs at the initial arraignment. If you plan to post bail for a defendant following an arraignment or other court appearance, you should tell a court officer, so that the defendant will be held in the building for release. Bail posted in the courthouse must be paid in cash; the courthouse cashiers do not accept any form of check.

Bail can also be paid at the Justice Center in Syracuse, NY, Local Justice Courts and other various City Courts and jails. Jails will accept certain kinds of certified or government checks as well as cash, but there are restriction on the amount and type.

Post Bail – Bail Bond

If you are posting a bond, you will need to find a bail bondsman. They can be located through the yellow pages or online, and often have offices near the courthouse. Bail bondsmen must licensed by New York State; make sure you deal with one who has a valid license.

How Do I Get My Bail Money Back?

If the defendant has made court appearances as required, cash bail should be returned at the end of the case. When the case is over, the judge should issue an order for the return of bail (“exonerating” the bail). The Local Court, City Court or Justice Center, Sheriff’s Department will issue a check to the person who deposited the bail. If the case has ended in a conviction, 3 percent of the bail will be kept by the government. If your bail has not been returned after 6 weeks you may wish to contact an attorney to assist you in its return. You should have your bail receipt available when you call, so that you can provided the information they will need to find the case.

What If My Bail was Forfeited?

If a defendant does not come to court when required to do so, the judge may order that bail be “forfeited,” or kept by the City. There is a procedure, called “remission of forfeiture,” which allows a person who posted bail to apply for it to be returned if it has been forfeited. Some people hire a lawyer to do this, but you can do it on your own if you cannot afford a lawyer. Keep in mind that there is a strict deadline for a “remission of forfeiture” application: you must apply within one year of the date that the court ordered the bail forfeited. If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. If it happened in Criminal Court (a misdemeanor case), the application is made to a Supreme Court judge in that county.

An application for “remission of bail” must be made in writing. If you are proceeding without a lawyer, you should ask the court clerk for instructions about how to proceed.

What if I can’t post the cash bail or bond?

First, you or your family member has to find out when you are scheduled to go in front of the Judge.  Hiring any attorney to help you convince the Judge not to set a high bail or release you on your own recognizance is suggested.

If they won’t set bail, this means you may have two prior felonies.  You will need an attorney to obtain a bail hearing in front of the Judge able to set bail under those circumstances.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

SHOULD I TALK TO POLICE?

 Criminal Charges and Defense

 

SHOULD I TALK TO POLICE?

balduf-syracuse-criminal-lawyerTALKING TO THE POLICE CANNOT HELP YOU.

If the police are talking to you, it’s because they suspect you have committed a crime. Often law enforcement personnel start by saying they do not actually suspect you.  That they are looking at someone else for the crime.  They just want some information from you. Remember if the police lie to you– this does not protect you from the statements you make.

Anything you say can be used against you even if you think it has nothing to do with the criminal case being discussed.

Any admission might be used later on to put you or someone you care about, at the scene, with someone like a co-defendant or co-conspirator, and would be one less thing the prosecution would have to prove.  You will hand them what they need on a silver platter.  Even if you are innocent, and you only tell the truth, and you don’t tell any little white lies, it is possible to give the police some detail of information that can be used to convict you.

The benefit to having an experienced attorney represent you is that your response is “please contact my attorney”-then say nothing else.  Most people look to hire a lawyer after they have been arrested and charged with a crime.

But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all.

WHAT IF THEY THREATEN TO THROW ME IN JAIL.

Remember, you are never obligated to talk to the police. But they may keep calling if they want to question you, for whatever reason.

They can come to your home, or your work and the continuous requests and contacts they make can be quite threatening and intimidating. They are calling to you gather evidence for a case, very possibly against you.

Don’t talk to them even if they threaten to put you in jail if you don’t talk with them.  If they have detained you, it’s because they already have enough evidence to arrest you and want to see if you will make some kind of admission and thus, give them an even stronger case against you. Seldom is confessing or giving law enforcement a stronger case a good way to stay out of jail.

Be wary, even if successful in staying out jail for a day your statement could ultimately land you in jail for years.

For some reason so many people think they are savvy enough or eloquent enough or well educated enough to be able to talk to the police and convince them not to arrest them.  You are not smarter than the police.  No one ever talked his way out of an arrest—and you prove this if you talk to them without representation.

EVEN IF YOU ARE GUILTY AND WANT TO CONFESS AND GET IT OFF YOUR CHEST..DON’T TALK TO THE POLICE.

People plead guilty every day.  There is plenty of time to confess and admit guilt at a later stage of the proceedings. What’s the rush? Get a lawyer first. Let the lawyer set up a deal whereby you get something in exchange for accepting responsibility for the offense. A better plea bargain, or maybe even immunity. If you confess to the police, you get nothing in return. Zero. In fact, you probably get a harsher prosecution because the state’s case is now airtight, now that you have confessed.

EVEN THE INNOCENT CAN GET CAUGHT IN A LIE.  THERE ARE NO GUARANTEES OF AN ACCURATE ACCOUNT OF YOUR STATEMENT BY POLICE.

But no matter what you say, anything could be misconstrued, misinterpreted, or otherwise used against you. There is no Miranda in effect if the police are just talking to you, and you aren’t under arrest. And even then, Miranda does not offer the protections most people think it does.

Police can take what you say out of context, and deliberately or accidentally misunderstand your statement, and turn it around against you. If you don’t talk to the police, they won’t have anything they can say about you.

A person who is completely innocent and asserting their innocence can simply deny some insignificant fact, tell some little white lie or simply make an inadvertent mistake of fact in their effort to sound as innocent as possible. But if the police have evidence that you claimed something that was not true it makes your entire statement look like a lie.  Can’t you see it now….just like on TV the prosecutor will ask:“Why did he lie to the police? Why indeed would he lie to the police, unless he were guilty?” Your credibility is now shot.

What if the police officer remembers something wrong? What if he remembers you said “X” when actually you said “Y”? If the police officer takes the witness stand and contradicts your statements at trial, it will also destroy your credibility. You can take the witness stand and say “I never said that!” But it’s your word versus a police officer. Who’s the jury going to believe?

IT IS NEARLY IMPOSSILBE TO TELL THE SAME STORY TWICE EXACTLY THE SAME WAY EVEN IF YOU ARE HONEST AND INNOCENT.

If you tell your story one time at trial and you tell the truth and you’re innocent, there’s very little the prosecutor can do by way of cross examination. But if you’ve told your story twice, once at trial, and once previously in a statement to the police, many months apart, the chances are very high that, even if you are telling the truth, some little details in your statement are going to change.

A good cross examiner will pick up on these changes and will relentlessly question you about them in an effort to make it look like you are lying.

THE POLICE DO NOT HAVE THE AUTHORITY TO MAKE DEALS OR GRANT LENIENCY.

People say all the time that they gave a statement to the police because the police told them that they would be better off if they confessed, better off if they admitted what they did wrong, better off if they cooperated. The police will make vague statements that things will go easier on the suspect if he simply admits what he did wrong. The police will also make vague statements suggesting that they will do what they can to help the suspect, that they will put in a good word for the suspect, if the suspect will just come clean.  Yes, they can mislead you and what you say can still be held against you.

So remember the police do not have authority to make deals, grant immunity, or negotiate plea agreements without the direct authority of the District Attorney or US Attorney (in Federal Court). Despite the impression that the police are helping you, they are actually helping themselves.

CAN YOU REALLY PREVENT A CRIMINAL CHARGE?

Not in every case, but absolutely, it often works out that way. If the police simply don’t get enough evidence, then they can’t charge anyone. The case will die.

And if you do still get chargedit was almost certainly going to happen anyway and was not avoidable. So we move on to other defenses and ways to beat the case.

ve committed a crime. Often law enforcement personnel start by saying they do not actually suspect you.  That they are looking at someone else for the crime.  They just want some information from you. Remember if the police lie to you– this does not protect you from the statements you make.  Do not talk to police.

Anything you say can be used against you even if you think it has nothing to do with the criminal case being discussed.

Any admission might be used later on to put you or someone you care about, at the scene, with someone like a co-defendant or co-conspirator, and would be one less thing the prosecution would have to prove.  You will hand them what they need on a silver platter.  Even if you are innocent, and you only tell the truth, and you don’t tell any little white lies, it is possible to give the police some detail of information that can be used to convict you.

The benefit to having an experienced attorney represent you is that your response is “please contact my attorney”-then say nothing else.  Most people look to hire a lawyer after they have been arrested and charged with a crime.

But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all.

WHAT IF THEY THREATEN TO THROW ME IN JAIL.

Remember, you are never obligated to talk to police. But they may keep calling if they want to question you, for whatever reason.

They can come to your home, or your work and the continuous requests and contacts they make can be quite threatening and intimidating. They are calling to you gather evidence for a case, very possibly against you.

Don’t talk to them even if they threaten to put you in jail if you don’t talk with them.  If they have detained you, it’s because they already have enough evidence to arrest you and want to see if you will make some kind of admission and thus, give them an even stronger case against you. Seldom is confessing or giving law enforcement a stronger case a good way to stay out of jail.

Be wary, even if successful in staying out jail for a day your statement could ultimately land you in jail for years.

For some reason so many people think they are savvy enough or eloquent enough or well educated enough to be able to talk to the police and convince them not to arrest them.  You are not smarter than the police.  No one ever talked his way out of an arrest—and you prove this if you talk to them without representation.

EVEN IF YOU ARE GUILTY AND WANT TO CONFESS AND GET IT OFF YOUR CHEST..DON’T TALK TO THE POLICE.

People plead guilty every day.  There is plenty of time to confess and admit guilt at a later stage of the proceedings. What’s the rush? Get a lawyer first. Let the lawyer set up a deal whereby you get something in exchange for accepting responsibility for the offense. A better plea bargain, or maybe even immunity. If you confess to the police, you get nothing in return. Zero. In fact, you probably get a harsher prosecution because the state’s case is now airtight, now that you have confessed.

EVEN THE INNOCENT CAN GET CAUGHT IN A LIE.  THERE ARE NO GUARANTEES OF AN ACCURATE ACCOUNT OF YOUR STATEMENT BY POLICE.

But no matter what you say, anything could be misconstrued, misinterpreted, or otherwise used against you. There is no Miranda in effect if the police are just talking to you, and you aren’t under arrest. And even then, Miranda does not offer the protections most people think it does.

Police can take what you say out of context, and deliberately or accidentally misunderstand your statement, and turn it around against you. If you don’t talk to the police, they won’t have anything they can say about you.

A person who is completely innocent and asserting their innocence can simply deny some insignificant fact, tell some little white lie or simply make an inadvertent mistake of fact in their effort to sound as innocent as possible. But if the police have evidence that you claimed something that was not true it makes your entire statement look like a lie.  Can’t you see it now….just like on TV the prosecutor will ask:“Why did he lie to the police? Why indeed would he lie to the police, unless he were guilty?” Your credibility is now shot.

What if the police officer remembers something wrong? What if he remembers you said “X” when actually you said “Y”? If the police officer takes the witness stand and contradicts your statements at trial, it will also destroy your credibility. You can take the witness stand and say “I never said that!” But it’s your word versus a police officer. Who’s the jury going to believe?

IT IS NEARLY IMPOSSILBE TO TELL THE SAME STORY TWICE EXACTLY THE SAME WAY EVEN IF YOU ARE HONEST AND INNOCENT.

If you tell your story one time at trial and you tell the truth and you’re innocent, there’s very little the prosecutor can do by way of cross examination. But if you’ve told your story twice, once at trial, and once previously in a statement to the police, many months apart, the chances are very high that, even if you are telling the truth, some little details in your statement are going to change.

A good cross examiner will pick up on these changes and will relentlessly question you about them in an effort to make it look like you are lying.

THE POLICE DO NOT HAVE THE AUTHORITY TO MAKE DEALS OR GRANT LENIENCY.

People say all the time that they gave a statement to the police because the police told them that they would be better off if they confessed, better off if they admitted what they did wrong, better off if they cooperated. The police will make vague statements that things will go easier on the suspect if he simply admits what he did wrong. The police will also make vague statements suggesting that they will do what they can to help the suspect, that they will put in a good word for the suspect, if the suspect will just come clean.  Yes, they can mislead you and what you say can still be held against you.

So remember the police do not have authority to make deals, grant immunity, or negotiate plea agreements without the direct authority of the District Attorney or US Attorney (in Federal Court). Despite the impression that the police are helping you, they are actually helping themselves.

CAN YOU REALLY PREVENT A CRIMINAL CHARGE?

Not in every case, but absolutely, it often works out that way. If the police simply don’t get enough evidence, then they can’t charge anyone. The case will die.

And if you do still get chargedit was almost certainly going to happen anyway and was not avoidable. So we move on to other defenses and ways to beat the case.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See related articles:
How Do I Post Bail?

CRIMINAL CHARGES CAN CHANGE YOUR LIFE.

criminal-charges-change-lifeCriminal charges can change your life.  Being convicted of felonies, misdemeanors, drug or weapons charges can change your entire life.  In addition to possible jail time, there are lifetime ramifications of a criminal conviction.  The ability to get or keep a job, carry certain types of firearms, and hold certain types of professional licenses are all affected by a criminal history.

The decisions made in your criminal case now will impact the rest of your life. Make sure you call someone with EXPERIENCE to advise you properly and protect your rights.

William Balduf, Esq. understands what you are facing. With extensive experience with criminal law, he has proven time and time again that we have what it takes to handle even the most complex of cases. He know what is on the line and we know how important it is that we tenaciously defend it. For this reason, should you choose to work with William Balduf, Esq. you will be able to breathe easier knowing that we will take your case seriously. William Balduf, Esq. provides superior legal services unmatched by any competitor, without the cost of a large firm.

Regardless of the exact circumstances that you are facing, if you seek legal representation from William Balduf, Esq. he will immediately launch into action. No matter whether you are looking to get the charges dismissed, if you are hoping to at least get the penalties lowered or if you are preparing a case to go to trial, he will apply the same level of high-quality preparation and care. Call now 315 474-5533 or email williambalduf@gmail.com. Make an Apppointment

See also:

Should I Take A Breathalyzer Test?

Legal Tactics for Child Abuse Charges

child-abuse-chargesFor all criminal matters and particularly  child abuse charges the best way to handle them is to anticipate the arguments and proof and try to address them in advance, or at least be prepared at trial.  The following are some common tactics and suggestions for ways of handling sex abuse cases:

Before trial the following can possibly be done to help defend child  abuse cases and charges:

  1. The defendant’s statement indicates he was the subject of sex abuse as a  child:  Investigators routinely elicit this information from defendants, perhaps in an effort to seem sympathetic during the interrogation,  but more likely, to attempt to get that information before a jury, which is likely to believe that someone who has been abused in the past will be an abuser.  The U.S. Government Accountability Office surveyed studies and concluded that there was no conclusive evidence that those abused as children would become abusers as adults.  http://www.gao.gov/products/GGD-96-178.  If you have this inflammatory information in the interrogation, a motion can be made in limine to keep it out.  If it’s deemed relevant a Frye Hearing can be requested arguing that if the science does not support this, the evidence should not come in.  An additional agreement here is that even if it does, it’s probative value is outweighed by its prejudicial effect.
  2. The claim that the child’s school performance deteriorated after the alleged abuse:  This is often given antecdotally by relatives.  But again, there is a study that supports a conclusion that there is no correlation between childhood sexual abuse and poor school performance.
  3. A motion could also be made here to preclude the use of any testimony of declining performance by the child, or ask for a Frye Hearing.
  4. CSAAS as witnesses. A motion can be made to preclude them as a witness/expert.
  5. Youthful indiscretions. Particular attention should be made as to whether the prosecution will try to highlight the many children with many mothers. This can possibly be limited by citing People v. Presha  83 AD3d 1406.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

SHOULD I TALK TO POLICE?

What will hiring a lawyer cost me?

What do lawyers charge?lawyer-cost

 

What will hiring a lawyer cost me?  This is often the first question that people ask when the first question that should be addressed is:  Which lawyer  has tried cases to successful jury and non-jury verdicts?  If the District Attorney handling your matter believes that your lawyer doesn’t like to conduct jury trials you may not get the offers that would best resolve your situation.  The District Attorney’s office may not consider your specific circumstances in the same manner as when represented by an attorney who will take your matter to a trial if necessary.  Not having a trial experienced attorney will decrease your chances of a positive result.  I have successfully negotiated and successfully tried/litigated cases and that matters!

Of course the question still remains:  What will a lawyer cost you?  Don’t be fooled into thinking that the amount of the legal fees directly corresponds to the level of service and experience you will be getting.

Do you have to shell out a lot of money for legal services? Does it have to cost a fortune?

NO.  When it comes to the  cost for an attorney pay a fair price.  You choose.  Don’t trust words, trust actions.

 

Pay a reasonable price.  Do not look for the cheapest fee.  Do not be talked into the most expensive.  Fair and just representation starts with a fair and just legal fee.  We pride ourselves in offering great legal services for people who need them and that means not overcharging them just because we can.  Call us for a free consultation.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See related articles:

Do I really need a lawyer for a speeding ticket?

What is Drug Court and Could it Help Me?

 

drug-courtWhat is Syracuse Drug Court and is it right for me?

I am often asked if I think Syracuse Drug Court is a good idea. My answer is that I think drug court is a great idea for certain clients. Syracuse Community Treatment Court  (SCTC) commonly known as Drug Court oversees delivery of comprehensive addiction treatment services under judicial supervision, thereby reducing drug dependency and recidivism in the nonviolent offender and returning him/her to the community as a productive citizen.

The Syracuse Drug Court is supervised by Chief Judge of the Syracuse City Court Hon. James H. Cecile. The judge takes an active interest in all aspects of participants’ lives and supervises their treatment for substance abuse, as well as their receipt of support services. Services include treatment, assistance with education, vocational training, housing, employment and counseling.

Defendants are required to appear regularly before the court for supervision, and emergency hearings for non compliant participants and those in danger of relapse are handled on a case-by-case basis. Treatment and community resource agencies will report to the judge each time before a defendant appears in court. Sanctions for non-compliant behavior can include an increase in court appearances and drug testing, a change in level or modality of treatment, and incarceration.

Drug Court looks to assist the whole person not just through substance abuse treatment but also education, and job training as well.

Eligible defendants must:

  1. Be charged with a non-violent felony or misdemeanor in the County of Onondaga;
  2. Be determined by the SCTC to be in need of treatment for a substance abuse/ addiction problems;
  3. Have no prior convictions for violent felony offenses.

Typically, if a person is successful, misdemeanor charges are dismissed. Successful participants who are facing felony charges will have their charges reduced to the underlying misdemeanor and receive a 1 year conditional discharge.

See also:

What will hiring a lawyer cost me?

Do I really need a lawyer for a speeding ticket?

This is a question frequently asked.  Isn’t just easier and more cost effectivelawyer-for-speeding-ticket to mail the speeding ticket in, pay the fine and go on with my life?  I was just speeding after all.  I’m not exactly a criminal!  At first glance that may be so, but the reality is that one may find that having a lawyer to handle their traffic tickets may actually save them more money and time than the fees cost them.

Your time has a certain value to it. Often when hiring an attorney, a client may not even have to appear personally in court.  Your lawyer can appear for you, negotiate for reductions or dismissals, and speak with the DA on your behalf.   If you do need to appear in court, those with an attorney have their cases called first, saving you from a long wait in the courtroom.  If you have ever spent several hours in traffic court, you surely will appreciate that!

Often times, with the reduction of the charges comes reduced fines.  In addition in New York State, the number of points against your drivers’ license may cause increased auto insurance premiums.  The money you spend for a lawyer to defend you regarding your traffic matter is well worth the investment when you consider time, fines and cheaper insurance rates.

Call us at 315 474-5533 or contact us online.  Reasonable rates. Serving Onondaga, Oswego and Madison Counties.

See also:

DWI-Traffic Offenses

Should I Take A Breathalyzer Test?

Should I Take A Breathalyzer Test?

should-i-take-a-breathalyzerDo I have to take a breathalyzer test if the police ask me to? Most folks know that they have a right to refuse this test, and that is true. Many people are under the impression that refusing a breathalyzer test if they have been pulled over is a good move. In many cases this is NOT a good move.  This is why you need to get good and experienced advice.

Lets clarify something first.  There are two breath tests you will likely be subjected to if suspected of driving while under the influence of alcohol.  The first test is the roadside test.  The second is the test done at the police station after being arrested.

The first roadside test should only be administered by the police if there are other indicators of DWI – such as a valid traffic stop, followed by possible odor, and standard field sobriety tests.  THIS ROADSIDE TEST IS NOT ADMISSIBLE AT TRIAL.  Should you take it?  Most likely the answer is yes. Regardless of the result, it will most likely not affect your case.

If you are arrested and brought down to the station for booking, you should be asked to blow into a calibrated machine.  This test is admissible and will be used to produce the actual amount of alcohol in your blood.  Should you take this test?  It depends.  How much have you drank (if anything)?  When did you take your last drink?  Have you been convicted or plead to any previous DUI or DWI charges?  These are some of the factors that come into play when making a decision.

You should know that refusing to take a breathalyzer test may result in an administrative suspension of your license by the NYS DMV for one year. This administrative suspension will prevent you from obtaining a hardship license while your case is pending in court and may result in an additional suspension of your license by the DMV beyond any suspension imposed by the court. You must think very carefully before refusing a breathalyzer test.

If you have refused a breathalyzer test, or been charged with DWI, don’t wait to get good advice. Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

DWI-Traffic Charges

What will hiring a lawyer cost me?