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Thomas D Trbovich, WNY DWI Defense Attorney For The Buffalo-Niagara Region & Western New York |
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Thomas D Trbovich, WNY DWI Defense Attorney For The Buffalo-Niagara Region & Western New York |
Thomas D Trbovich |
DWI Charges In Western New YorkYour DWI Charge(s) In Western New YorkSERIOUS WARNING The Western New York Courts take DWI charges very seriously. If you have been charged with DWI anywhere in the WNY area you may be facing a very large fine, loss of Your driving license, time in jail, or all of these penalties! If You have been charged with DWI in Western New York you have already entered our legal process. In order to help you understand more about this process, we have posted some general information about the WNY Traffic Laws, DWI Charges and DWI Sentencing on this website. Since every case is different, this information should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Our experienced DWI lawyers can help You secure the best possible outcome for Your case. So do your research on this website, and then contact the DWI experts at The Law Offices of Thomas Trbovich. Call (716) 634-4747 or e-mail Anytime 24/7 We Offer A FREE Initial DWI Defense Consultation And We Can Help You! Vehicle Traffic Laws In Western New YorkThe Vehicle Traffic Laws (VTLs) in WNY follow the New York State legal codes that lay down the letter of the law governing DWIs and other traffic violations. The Legal Representation and Defense strategies that we deploy on Your behalf must be carefully devised to work within the parameters of these statutes. Driving While Intoxicated - DWI In Western New YorkDWI stands for "Driving While Intoxicated", which means drunken driving. In New York State, a Blood Alcohol Content (BAC) of 0.08% is considered intoxicating, so that driving becomes significantly impaired - reflexes are slowed, judgment of speed, depth perception and ability to brake or control the vehicle diminish. New York State does not officially recognize an individual's tolerance to alcohol with respect to an individual BAC over 0.08%. DWI Case Rulings In Western New YorkThe experienced DWI attorneys at the Law Offices of Thomas D Trbovich thoroughly understand the precedents set by previous DWI cases that have gone before judges in our local WNY courts and in the higher courts in New York State. These case rulings are a valuable source of legal guidelines on how to approach Your DWI defense here. In fact, a higher court's previous decision is a controlling factor that lower courts must follow, otherwise the case could be over-turned if appealed. Getting The Best Outcome From YOUR DWI Case In Western New YorkWe understand that many people who receive a DWI charge did not intend to commit a crime. Part of our defense strategy may be to get the court to understand that, as a defendant, You are a real person, with a family - perhaps a mother, father, son or daughter. You may be someone who is involved with the community and not a reckless person that is harmful to society. If You have experienced underlying circumstances that have led to repeated DWI charges, it may be appropriate to pursue other alternatives to jail, involving counseling or rehabilitation programs. The New DWI Vehicle & Traffic Laws In Western New YorkThe key statutes followed in judging DWI cases in our Western New York Area are: Other Statutes that May Accompany DWI Charges Include: Charges for DWI resulting in Serious Injury or Death are: Changes In ProceduresAccording to the New York State Unified Court System, the biggest change in procedure from the New DWI law is that every defendant charged with a DWI must be screened and/or assessed for alcohol or substance abuse and dependency. DWI Screenings / Assessments: Other Changes In DWI Procedures Include: Offenders involving multiple personal injury related accidents may face permanent revocation of their driver's license. (Permanent revocation of a license may not be truly permanent.) Put Your Case In The Hands Of An Experienced WNY DWI Attorney Key DWI Statutes Follwed In WNYDriving While Ability Impaired by Alcohol [VTL §1192(1)]VTL §1192(1): Prohibits a person from operating a motor vehicle while the person's ability to operate the vehicle is impaired by the consumption of alcohol. This charge is usually filed when an individual has more than 0.05% but less than 0.08% of alcohol in the person's blood, as shown by chemical analysis of such person's blood, breath, urine or saliva, or when evidence is not sufficient to charge a person with DWI. For a first time offense, which is considered a violation, the penalty is a fine of between $300 to $500, or 15 days in jail, or both. Penalties increase for those who have prior convictions. License suspension and revocation may also apply. Driving While Intoxicated [VTL §1192(2)]VTL §1192(2): Prohibits a person from operating a motor vehicle while such person has 0.08% or more of alcohol in the person's blood, as shown by chemical analysis of such person's blood, breath, urine or saliva. For a first time offense, which is deemed a misdemeanor, the penalty is a fine of $500-$1,000 or up to one year in prison, or both. Penalties increase for those who have prior convictions. License suspension and revocation may also apply. Aggravated Driving While Intoxicated [VTL §1192(2-a)]VTL §1192(2-a): Aggravated Driving While Intoxicated, per se, takes place when a driver operating a vehicle "while such person has 0.18% or more by weight of alcohol in such person's blood, breath, urine or saliva. This is a misdemeanor, punishable by a fine of "not less than $1,000 nor more than $2,500" or a maximum jail term of up to one year, 3 years probation or a combination of all three. License revocation will apply. Common Law DWI [VTL §1192(3)]VTL §1192(3): states that, "No person shall operate a motor vehicle while in an intoxicated condition." This is referred to sometimes as a Common Law DWI. No breath test is needed, only the officer's opinion based on attributable facts. This is usually based on the officer's observation (defendant's speech, driving, odor of alcohol, sobriety test, etc.) his experience and training. For a first time offense, which is deemed a misdemeanor, the penalty is a fine of $500 - $1,000, plus a surcharge or up to one year in prison, 3 years probation or a combination of all three. Driving While Ability Impaired [VTL §1192(4-a)]VTL §1192(4-a): "when a "person's ability to operate... (a) motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs." This is a misdemeanor punishable by a fine "of not less than $500 nor more than $1,000" or a maximum jail term of one year, probation or a combination of all three. Other Statutes that May Accompany DWI Charges In WNYAggravated Unlicensed Operation of a Motor Vehicle in the Third Degree [VTL §511(1)]VTL §511(1): A person may be charged with aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor, when such person operates a motor vehicle while knowing or having reason to know that such person's license or privilege of operating a motor vehicle is suspended or revoked. The penalty is a fine of $200-$500 or up to thirty days in prison, or both. Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree [VTL §511(2)]VTL §511(2): A person may be charged with aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor, when such person operates a motor vehicle while knowing or having reason to know that such person's license or privilege of operating a motor vehicle is suspended or revoked due to failure to submit to a chemical test, mandatory suspension due to a pending DWI prosecution, or three or more suspensions in effect. The penalty is a fine of $500 to $1,000, and seven to 180 days in prison or probation. Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree [VTL §511(3)]VTL §511(3): A person may be charged with aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, when such person operates a motor vehicle while knowing or having reason to know that such person's license or privilege of operating a motor vehicle is suspended or revoked, and either operates the motor vehicle while intoxicated or has in effect 10 or more suspensions. The penalty is $500 - $5,000 or up to 4 years in prison, or probation. Charges For DWI Resulting In Serious Injury Or Death In WNYVehicular Assault in the Second Degree (Penal Law 120.03)Penal Law 120.03: A person is guilty of this crime when with criminal negligence he or she causes serious physical injury to another person and causes such injury by operating a motor vehicle in an intoxicated condition. The maximum penalty for this Class E felony is up to 4 years in prison. Vehicular Assault in the First Degree (Penal Law 120.04)Penal Law 120.04: A person is guilty of this crime when with criminal negligence he or she causes serious physical injury to another person, causes such injury by operating a motor vehicle in an intoxicated condition and the person's license is suspended due to a DWI conviction or for a refusal to submit to a chemical test of the person's breath. The maximum penalty for this Class D felony is up to 7 years in prison. Criminally Negligent Homicide (Penal Law 125.10)Penal Law 125.10: A person is guilty of this crime when with criminal negligence, he or she causes the death of another person. The maximum penalty for this Class E felony is up to 4 years in prison. Vehicular Manslaughter in the Second Degree (Penal Law 125.12)Penal Law 125.12: A person is guilty of this crime when with criminal negligence, he or she causes the death of another person and causes such injury by operating a motor vehicle in an intoxicated condition. The maximum penalty for this Class D felony is up to 7 years in prison. Vehicular Manslaughter in the First Degree (Penal Law 125.13)Penal Law 125.13: A person is guilty of this crime when with criminal negligence, he or she causes the death of another person and does so while intoxicated and the person's license is suspended due to a DWI conviction or for refusal to submit to a chemical test of breath. The maximum penalty for this Class C felony is up to 15 years in prison. DWI Charges Are Now Treated Very Seriously In Western New York Call (716) 634-4747 Now To Schedule YOUR FREE DWI Consultation With No ObligationCopyright ©2010 Thomas D Trbovich "The WNY DWI Deffense Lawyer" |
Leandra's Law Are YOU Facing DWI Charges?
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To Contact The Law Offices Of Thomas D Trbovich:Call: (716) 634-4747 Anytime e-mail: defense@wnydwi.com |
Tom,
Thank you for your help with my daughter. I was sure she was going to jail this time. I wish you had been her attorney on all her other cases. I believe she really is turning things around. You really went above and beyond. It's great to have my daughter back!
Thanks,
(Former Client's Father)
Dear Mr. Trbovich
Thank you for your help. Your reputation of being one of the best attorneys for DWI is well deserved. Being in New York City, we did not know who to go to and when we found out that [Our Daughter] was arrested for driving with more than 2X the intoxicated limit, our hearts sank. We were terrified she may not be able to complete her residency to become a doctor. We knew we needed real help!
Our daughter is a good girl and a hard worker, as you know. If it wasn't for your knowledge, skill at trial and patience with a very concerned family, I don't know what would have happened. She was able to send in her residence application this week without any criminal conviction or black mark on her record.
Thank you so much. Our family is in your debt. If you are ever in New York, please let us show you around.
Thank you again!
(Former Client's Mother & Father)
Dear Mr. Trbovich,
Thank you for helping my son. I respect that you would not take any more money in court, but please allow me to buy you and your partner lunch. The enclosed check is a thank you. We never thought things would turn out so well.
Sincerely, JoAnn
(Former Client's Mother)
Tom,
My family and I want to thank you and your staff for everything. You saved my job and helped me get my life back. Please share my appreciation and the chocolates with Sharon and your office.
Thanks, John
(Former Client)
Tom,
Thank you for your help and your belief in me. I have always been against drunk drivers and still am, but I can now understand why you represent them. The test could not have been right (.23 BAC), and if convicted of the aggravated DWI, I would have lost my livelihood. My family and I appreciate the time you took to try this case and your recommendation for counseling. I am personally surprised you won that trial, but very grateful. I also would like to thank you for helping me find the right personal injury attorney for my other case. It's refreshing to know that there are still some honest attorneys who still care.
Sincerely, Jennifer
(Former Client)
Dear Mr. Trbovich,
Thank you for the terrific job you did on both of my DWI's. I was nervous about having two separate trials, but you were right, that was the only way we could get the DWIs reduced. I thought my ex-husband would have used the conviction against me in a custody battle, but thanks to you, I don't have to worry about it. I also appreciate the help in getting a conditional license.
Thanks again, Julie
(Former Client)
Dear Tom,
I was very pleased how everything turned out. Although I respect my prior attorney, I am very glad I switched to you to handle my jury trial. I was told I had about a 2% chance of winning because of my .23 BAC breath test. When I got arrested again for aggravated DWI, before solving the first case, I thought my chances went to "0".
You not only got me my impaired after trial, but you kept me out of jail. You also allowed me to keep my job and got me the help I needed.
I recognize the breaks I received and promise you that you won't see me again as a client, but I will tell everyone about you. I doubt there is a better DWI attorney out there. You have my respect and gratitude.
Sincerely, Marc
(Former Client)
