New York DWI Laws Mandate Charges of Aggravated DWI when Certain Factors are Present
DWI charges are not all created equal. Under New York’s Vehicle and Traffic Safety Law, a DWI charge becomes an aggravated DWI charge when certain aggravating factors are present. New York’s DWI law regarding aggravated DWI warrants discussion due to a slew of alleged drunk driving incidents resulting in aggravated DWI charges this week.
One of the aggravated DWI charges this week involved a man from Pleasantville, New York. The Tarry Town Patch reports that the 53-year-old man was stopped by New York State Police on the Sprain Brooke Parkway after he allegedly unsafely moved from one lane of traffic to another. Law enforcement officers administered a blood alcohol test, and determined that the man’s blood alcohol content (BAC) was three times the legal limit, at .26-percent. The man was charged with aggravated DWI under the provision of New York’s Vehicle and Traffic Safety Law that establishes that driving with a .18 BAC or higher results in an aggravated DWI charge.
The second aggravated DWI charge involved a man from Huntington Station, New York. According to News12 Long Island, the man was allegedly driving with his wife and three children when he crashed into the front stoop of a home. The home was just a few doors down from the home where the alleged drunk driver had attended a baby shower with his family. The driver’s wife and the three children, ages 2, 6 and 8 years, left the scene before the medical team arrived. They were later found at the baby shower where they were treated for minor injuries. The driver was charged with aggravated DWI, but it is unclear exactly what the aggravating factors were. Under New York Law, operating a vehicle while under the influence of alcohol or drugs with a child under 15-years-old is an aggravated offense. The driver’s BAC was not released in the report, but it is possible that the aggravating factor was that he had his three young children in the vehicle with him.
The experienced attorneys at Anelli Xavier have successfully defended many cases of aggravated DWI. In People v. K.S., an Anelli Xavier client was charged with multiple violations, including aggravated DWI, after the client was involved in an accident. The client was under 21-years-old and had made admissions at the accident scene. Anelli Xavier attorneys worked with the Assistant District Attorney, and were able to get the ADA to reduce the charges to DWAI.
In another case, People v. T.R., an Anelli Xavier client was charged with aggravated DWI, among other charges. However, Anelli Xavier attorneys were able to secure dismissal of the case by arguing that the initial stop of the client was improper.
If you have been charged with aggravated DWI under New York’s DWI Laws, you should immediately seek out the assistance of an experienced attorney. An experienced attorney can help you understand the charges against you, can review possible defenses for your case, and can represent you in court. Call the experienced attorneys at Anelli Xavier today at 877-435-7394 for a confidential consultation.
Disclaimer: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Anelli Xavier are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.