Common Criminal Law Sentences The following is a list of types of
Regardless of the traffic ticket, The Kessler Law Firm will fight for you!
Regardless of the traffic ticket, The Kessler Law Firm will fight for you!
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Prior to opening the Kessler Law Firm, Kevin Kessler was a prosecutor for the Suffolk County Traffic and Parking Violations Agency. Mr. Kessler successfully tried cases involving moving violations, equipment violations and other related offenses. Mr. Kessler also has vast experience with New York City’s Traffic Violations Bureau. He has defended hundreds of motorists in their TVB trials. Mr. Kessler has experience defending and plea-bargaining criminal law matters including DWI, larceny, violations of probation, etc.
A native of Long Island, Mr. Kessler received his Juris Doctorate from Tulane University School of Law in New Orleans, LA in 2009.
A crime if found guilty, DWI's are serious charges that should not be taken lightly. It is important to retain competent representation to defend you if charged with an alcohol and/or drug related offense.
Being found guilty of a speeding violation in the State of New York can cost you anywhere from 3-11 points on your license. 11 or more points on your driver‘s license within an 18 month period can lead to a suspension.
Red light violations carry 3 points and a hefty fine. A police officer must prove he/she saw you prior to a stopping point while the light was red and then saw you proceed through the stopping point while the light remained red.
A guilty verdict on a Cell Phone/Portable Electronic Device Ticket carries 5 points with it along with a fine. An experienced traffic court attorney knows...
In New York, the Driving While Intoxicated statute contains 6 separate offenses:
The first offense is Driving While Ability Impaired (“DWAI”). This offense is committed when the driver has consumed alcohol to the extent that he/she “has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.” A DWAI is a traffic infraction and not a crime. DWAI is an offense to which the more serious charge of Driving While Intoxicated is often reduced.
“Driving While Intoxicated; Per Se” is the second offense. This offense deals with operating a motor vehicle with a specific blood alcohol concentration (“BAC”). In New York, it is DWI per se to operate a motor vehicle with a BAC of .08% or more.
Third is Driving While Intoxicated (“DWI”). You can be charged with DWI regardless of whether there is a chemical test result (i.e., if you refused to submit to a chemical test). The legal standard for DWI is that “the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”
The fourth offense is Aggravated Driving While Intoxicated (“Aggravated DWI”). This offense is committed when a person (a) operates a motor vehicle with a BAC of .18% or more; or (b) operates a motor vehicle in violation of VTL §§ 1192(2), (3), (4), (4-a), with a child under the age of 16 in the vehicle.
The fifth offense deals with Operating a Motor Vehicle While Impaired by Drugs (“DWAI Drugs”). Unlike an alcohol DWAI, DWAI Drugs is a crime. The legal standard for DWAI Drugs is the same as that of DWAI Alcohol. Specifically, a person is guilty of DWAI Drugs when the driver has consumed certain drugs to the extent that he “has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”
Last is Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs (“DWAI Combined Influence”). The standard for this offense is the same as for DWAI, only the impairment can be from a combination of certain drugs or of alcohol and a drug or drugs. DWAI Combined Influence is a misdemeanor crime.
Criminal cases all have the same basic steps,but many different things can happen and most cases do not go through all the steps
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The Kessler Law Firm plea bargained my speeding ticket down to a parking violation allowing me to join the National Guard
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