Using the skills he learned at the Brooklyn DA’s office, Gregg primarily practices criminal defense, police brutality, civil litigation, and Title IX. Gregg’s recent work involves obtaining an acquittal for DWI and obtaining settlements against the police and Federal Bureau of Prisons.
Under New York law, you can be arrested for driving while intoxicated if your blood alcohol concentration is 0.08 or higher. The penalties for a DWI in New York will depend on how intoxicated you were, and whether this is your first DWI or a subsequent driving while intoxicated charge. The penalties for a first-time DWI in New York are severe. You could face fines up to $2500, spend up to one year in jail, and lose your driver’s license for up to one year. If this is a subsequent DWI, your penalties could be even higher.
When facing driving while intoxicated arrest or charges, it is important to understand that you are innocent until proven guilty. You have a right to have your day in court. The New York DWI lawyer at the Law Offices of Gregg A. Pinto can build your driving while intoxicated defense, petition to have your charges reduced or dropped, or work out a plea deal on your behalf. The Law Offices of Gregg A. Pinto is a New York DWI law firm that is here for you.
Police officers are given broad powers when it comes to gathering evidence when a person is suspected of driving under the influence. For example, under implied consent laws, if you are arrested for a DWI, you give consent to police to take a blood or chemical test to determine your blood alcohol concentration. If you refuse to take these tests, you could automatically lose your driver’s license. While police have many options when it comes to gathering evidence, there are valid driving while intoxicated defenses you may be able to use. Police officers sometimes make mistakes when making arrests. Testing devices and evidence sometimes gets mishandled. Here are some examples of possible DWI defenses:
- Issues with field sobriety tests. Field sobriety tests have come under scrutiny because in some studies officers have judged some individuals as being drunk when they were, in fact, sober. Officers must be properly trained in the administration of these tests. The Standard Field Sobriety Test includes three different tests: the horizontal gaze nystagmus, the walk and turn, and the one-leg stand test. Horizontal gaze nystagmus (HGN) is an involuntary motion of the eyeball that happens when a person’s eye is turned to the side. When a person is drunk, the eye doesn’t have to be turned too far before the involuntary motion begins. NHTSA research claims that the test is accurate 77% of the time. In the walk and turn test, a person is asked to walk in a straight line. In the one-leg-stand test, the driver is asked to stand on one leg. While these tests can be accurate if administered correctly, they are not accurate in all occasions, and sometimes there might be other reasons why a driver may fail these tests.
- Issues with breathalyzer calibration. Breathalyzers must be calibrated regularly. If a breathalyzer isn’t properly calibrated or isn’t used as indicated, the results could be inaccurate.
- Civil Rights Violation. If police racially profiled you during a stop, failed to follow proper police procedure during your arrest, or otherwise violated your civil rights, you may have the right to request that the charges against you be dropped or reduced, or that evidence gathered illegally be inadmissible in court. To stop your vehicle, the officer must have had probable cause to believe that you were breaking the law (the exception to this is if you were stopped at a DUI checkpoint). If you believe you were falsely arrested or otherwise believe your civil rights were violated, the New York DWI lawyer at the Law Offices of Gregg A. Pinto may be able to help you.
The DWI lawyer in New York at the Law Offices of Gregg A. Pinto can closely look at the evidence against you, look to see if any of the evidence can be challenged, and fight to have your charges reduced or dropped. Even if the evidence is sound, your New York driving while intoxicated lawyer may still be able to negotiate with prosecutors to have your charges reduced. In some cases, individuals can have charges reduced or dropped if they agree to attend an alcohol diversion program or treatment program.
Facing DWI charges or arrest in New York can be incredibly stressful. Fortunately, you don’t have to navigate the criminal justice system alone. The New York DWI lawyer at the Law Offices of Gregg A. Pinto are here to help you. Contact our DWI lawyers today.
DRIVING WHILE HIGH IN NEW YORK
While it is legal to use marijuana recreationally in New York, it is illegal to operate a motor vehicle while under the influence of marijuana. It is illegal to use marijuana or cannabis while inside a motor vehicle, and it is illegal to smoke and drive (or to eat THC gummies and drive). Under the law, driving while under the influence of marijuana is considered impaired driving.
The active mind-altering chemical in marijuana is THC. Unlike blood alcohol concentration amounts that clearly state the legal limit for how much THC you can have in your body, there is no legal amount of THC you can have in your system and still drive. Yet, THC can remain in your system for much longer than you are actually high. A THC test administered by police officers might not be a reliable indicator that you just smoked and drove. Officers may rely on other methods to gauge whether you were smoking and driving. Yet, field sobriety tests and other methods of gauging whether a person was under the influence can have their limitations.
If you were arrested for driving while high in New York, you have the right to defend your case in court. The New York driving while high lawyer at the Law Offices of Gregg A. Pinto can work closely with you to help you fight your charges, get your charges reduced, or negotiate a plea deal with prosecutors. Navigating the criminal justice system after receiving a driving while high charge can be stressful or challenging. You don’t have to navigate the criminal justice system alone. Contact the Law Offices of Gregg A. Pinto, a New York driving while high law firm today to explore your options.
PROTECT YOUR FREEDOM & RIGHTS
If you’ve been arrested or charged with a DWI you could be facing the loss of your driver’s license, jail time, fines, and the collateral consequences of a DWI charge. Before you plead guilty to a DWI it is important to understand that if you have a driving while intoxicated conviction you could lose certain rights because of having a criminal record. You could lose the right to access certain kinds of public financial aid, lose certain professional licenses, lose the right to vote in some jurisdictions, and if you are in the United States on a visa, you could even lose your visa. If you have been charged with driving while intoxicated, it is also important to remember that an arrest doesn’t mean the same thing as a conviction. Contact the New York DWI lawyer at the Law Offices of Gregg A. Pinto today to learn more. Our New York DWI attorney can help you with your case.