Driving Offenses

Traffic offenses, like other criminal offenses can be divided into three categories: traffic infraction, unclassified misdemeanors and felonies. Traffic infractions are non-criminal in nature and in New York City, are generally handled at hearings held in the Department of Motor Vehicles. These infractions include: speeding, running a red light, failure to stop, or use of a cell phone while driving. It should be stressed that although these infractions are not criminal in nature, a police officer does have the discretion to make a full-blown arrest of the motorist rather than issuing a summons. The most common traffic infraction that will result in arrest and prosecution in Criminal Court of the City of New York is Driving While Ability Impaired (DWAI).

Unclassified Vehicle and Traffic Law misdemeanors carry the possibility of incarceration or probation as well as fines as their maximum sentences. Depending on the crime charged, the maximum can be up to one-year incarceration or three-years of probation. The most common examples of these unclassified misdemeanors are driving with a suspended license and first-offense Driving While Intoxicated (DWI).

I specialize in defending all driving offenses including:

Vehicle and Traffic Law Felonies are generally classified into Class E or Class D felonies and do not mandate incarceration, although the judge has the discretion to sentence an offender as a first-time felony offender or as a discretionary persistent offender. The most common example of Vehicle and Traffic Law felonies are second or third-time Driving While Intoxicated (Aggravated DWI), first-time DWI with a child passenger (“Leandra’s Law”) and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree.

Additionally, fatal car collisions can result in criminal homicide prosecutions. As always, it is necessary to consult with an experienced attorney if facing this or any type of criminal charge. Ezra C. Levy has defended thousands of clients in New York’s courts with the best of results. He is respected by judges, prosecutors and fellow defense attorneys. Most importantly, he fights hard for his clients making sure that they get the best defense possible. If you or a loved one are facing any type of charge as a result of taking the wheel, contact an attorney with a proven track-record of getting results for his clients, contact Ezra C. Levy today.

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