Syracuse Criminal Law Blog

What’s the difference between a DWI license suspension and revocation?

September 12, 2023

When a New York court convicts a driver either of driving while intoxicated (DWI) or driving while ability impaired by a drug (DWAI), one of the possible penalties is the loss of their driving privileges. The state Department of Motor Vehicles (DMV) can either suspend or revoke the driver’s license, and the length of time their privileges remain suspended or revoked depends on the nature of their DWI/DWAI violations. But

3 elements needed to prove tax evasion

August 28, 2023

Tax evasion is a serious criminal offense with severe financial and legal consequences if found guilty. To successfully prove their case, the prosecution needs to establish three elements. Understanding these factors can help determine the best strategy for defense. 1. Willfulness The defendant acted with the specific intent to evade to evade a tax or the payment of a tax. It was done voluntarily and intentionally, not due to an

2 questions you shouldn’t answer when the police pull you over

August 21, 2023

When the police pull you over, they have every right to ask for your identification, your driver’s license and your insurance card – but that’s not all they may ask. A lot of traffic stops are pretexts for drunk driving investigations, especially when they happen in the evening around the time that people are heading home from restaurants and bars. It only takes a minor traffic error, like turning too

The escalating penalty rules for New York DWI charges

August 18, 2023

Driving while intoxicated (DWI) charges are a top reason for people’s arrest and prosecution in New York. Those who cause crashes or who fail breath tests during traffic stops often face prosecution and penalties ranging from incarceration and fines to license suspension. There is not one set penalty for a New York DWI conviction. Instead, there are escalating penalties that may come into play based on the ins and outs

Why do people shoplift?

July 28, 2023

Not everyone who steals from a store does so out of necessity. As surprising as it may seem, a lot of shoplifters can afford the items they steal; some of them are even wealthy. Though a few individuals may shoplift simply to put food on the table, others do it for the thrill or as a coping mechanism for mental health difficulties. To get them through financial difficulties Many find it

Factors that can worsen your DWI charge

July 17, 2023

When drunk, it is generally wise to avoid driving your car altogether, lest you get a driving while intoxicated (DWI) charge. Such a charge can have serious consequences, and, in New York state, it may get worse depending on various factors. Here are some of the factors that can aggravate your DWI charge: Blood Alcohol Concentration (BAC) level A BAC level of 0.08% is enough to get you a DWI

Zero Tolerance repeat offenses lead to more severe punishments

July 10, 2023

Like other U.S. states that don’t tolerate underage drinking, New York has a Zero Tolerance Law. Drivers under 21 years of age caught with a blood alcohol content (BAC) level between .02 and .07 violate the Zero Tolerance Law, and they will face a litany of punishments once convicted. For a first-offense violation of the Zero Tolerance Law, an underage driver faces a $125 civil penalty. They’ll also get their

What does New York law say about driving while intoxicated?

June 30, 2023

Driving while intoxicated is a serious offense that poses a significant risk to the driver, passengers and others on the road. In New York, as in many other jurisdictions, the law is clear about the consequences and penalties associated with driving under the influence. The state relies on measuring the driver’s blood alcohol concentration (BAC) to enforce laws related to driving while intoxicated. BAC is the ratio of alcohol to

Understanding the DMV refusal hearing after arrest

June 22, 2023

DMV refusal hearings are administrative proceedings held by the Department of Motor Vehicles (DMV) following a DUI (Driving Under the Influence) arrest. These are scheduled when a driver has refused to submit to a chemical test such as a breathalyzer or blood test. These hearings are separate from criminal charges and focus on suspending a driver’s license or revocation. In New York, refusal to take a chemical test can result

Criminal Charges and Your Future

June 19, 2023

Facing any kind of criminal charge isn’t easy, so it’s understandable if you’re worried about your future. Frankly, your worries are well-founded. Even without a conviction, the mere presence of charges on your record can be very stigmatizing. If you’re ultimately convicted of wrongdoing, your criminal record may haunt your life far into the future. 6 ways that a criminal history can affect your life Depending upon your situation, a