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This is the second video of discussing the New York charge of Driving While Ability Impaired Drugs . DWAI Drugs charge (VTL 1192 (4)) is a criminal misdemeanor as opposed to the alcohol New York DWAI charge (VTL 1192 (1)) which is a traffic violation.
1. With a NY DWAI drugs charge you will generally not have your driver's license (or driving privilege) suspended pending prosecution (at the initial appearance/arraignment) like in a DWI alcohol case.
2. You will not be eligible for a conditional license with the DMV like in a DWI alcohol case. You will likely be eligible to a restricted license privilege once your case is finalized.
3. Many police departments use the Standardized Field Sobriety tests to assess drug impairment. This is because they lack training in "Drug Recognition Impairment," and this is fraught with many issues, and potential defense challenges.
The 9 Most FAQ About NY DWI, here:
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The New York Up State DWI Survival Guide, here:
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Winning The NYS DWI Refusal Case, here:
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Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
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newman.lawrence@gmail.com
607-229-5184
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