Should I hire an attorney if I’ve been accused?
Being convicted of a DWI under Leandra’s law can have a huge impact on your life and having a felony on your record is no laughing matter. Because of the harsh penalties that can come with a conviction, you should contact an experienced DWI attorney in Nassau County who understands Leandra’s Law and can help you fight your charge.
Having a NY DWI attorney on your team can be beneficial for a number of reasons. First of all, to prove you are guilty of DWI under Leandra’s Law, the prosecutor must first prove your DWI charge. This can be more difficult if you refused to take a chemical test, or if the officers made a mistake or broke the law when arresting you.
For example, if the police did not have probable cause to pull you over and administer a breathalyzer, blood, or urine test, then the evidence they secured during the arrest may be inadmissible in court. Because mistakes are often made and proving someone is guilty is not easy, many more people have been charged under Leandra’s Law than have been convicted.
With the help of a knowledgeable DWI defense attorney in Nassau County, you can investigate your case and prepare the best possible defense. Furthermore, DWI lawyers in NY understand the intricacies of the legal system and how to negotiate on your behalf to reduce your charges and secure the best possible outcome for your case.
What is the ignition interlock program in New York?
When you are convicted under Leandra’s Law for an Aggravated DWI with a Child in Vehicle, one of the stipulations of your probation will be the required installation of an ignition interlock device in your car or motor vehicle. This device, which tests your BAC levels before allowing you to start the car, must remain in your vehicle for a period of at least one year unless the court states otherwise.
IDD must be installed at your own expense and cannot be removed until you receive a form from your ignition interlock monitor stating that the device is no longer required. For more information on IDD in New York, you can visit the NY State Division of Criminal Justice Services page.
Can I be charged under Leandra’s Law for drugs?
The short answer is yes. If you are suspected of driving while “impaired” by a drug or combination of drugs and alcohol with a child in the car, you can be convicted of a DWAI, DWI, Aggravated DWAI, or DWAI Drug crime. Any drug that is listed on the New York State list of controlled substances that impairs your ability to drive is enough to convict you of a DWI charge.
However, while it is illegal to drive impaired by drugs in New York, these cases can be more difficult to convict than DWI cases involving alcohol. The reason is because the technology to detect drug use and the laws to regulate it are still underdeveloped. While NY state uses Drug Rehabilitation Experts to evaluate people suspected of being impaired by drugs, the science of detecting drug use remains far from perfect.
Contact the Leandra’s Law DWI defense attorneys in Nassau County
Putting a child in danger is never a good decision. However, we understand people make mistakes and believe that everyone deserves a second chance. At the Law Office of Richard Hochhauser, we represent clients in Nassau County for all sorts of DWI charges, including DWAI, Aggravated DWI and Aggravated DWI with a Child in the Vehicle.
Mr. Hochhauser’s experience as a former prosecutor and DWI specialist means he understands how the prosecutor will try to charge you and can use his knowledge of NY DWI law and experience in court, to defend your rights and secure a positive outcome for your case. If you or a loved one has been accused of DWI with a child in the vehicle, your life is on the line. Don’t risk lengthy jail terms and expensive fines.
To fight for your charges to be reduced or dismissed, contact the Law Office of Richard Hochhauser today at (516) 939-1529 or here online for a free consultation and case review. We look forward to helping you resolve your case.