New York DWI Legal Presumptions Associated With Your BAC

Driving while impaired (DWI) is a serious charge in any state, let alone in New York. The state has provided a number of different penalties which increase depending on the number of offenses and the facts of the case. Perhaps the most important way of testing whether or not a person is guilty of DWI is by testing their Blood Alcohol Content (BAC). BAC is an important concept for determining whether or not a person is impaired in an impartial way. The test is associated with numerous legal presumptions which can all become relevant in a DWI case. A BAC test and the ways in which it is interpreted can mean the difference between conviction and acquittal for any DWI defendant – something a NYC criminal lawyer can handle.

DWI can be proven in two main ways. The oldest approach is the field sobriety test. This is a test performed by an officer who has probably cause to pull someone over for DWI. Probable cause often results from behaviors that the officer witnessed, such as swerving on a road or smelling alcohol on a person’s breath when they have been pulled over. A field sobriety test often involves an officer testing a driver’s pupils and making them recite the alphabet backwards or walk a straight line. The officer then takes notes of what they see and makes a determination as to whether or not the individual was intoxicated.

Another, more objective measure is a BAC test. The BAC test involves a person blowing into a breathalyzer and having that device measure the amount of alcohol in their blood. A BAC test of .08 or above provides prima facie evidence that a person is too intoxicated to drive. Prima facie evidence is a standard of evidence required to take a case to trial, and is often relatively high in a DWI case. The vast majority of cases where a person blows a .08 or above and the evidence is treated and presented fairly result in a conviction. A BAC test can also be effective at exoneration. If a person blows under a .05, the state does not have prima facie evidence that a person was either intoxicated or was too impaired to drive. The lower a BAC test, the more improbable a DWI conviction. DWI convictions with an extremely low BAC test and a failed sobriety test rely entirely on the judgment of an officer and are often thrown out after being picket apart by a competent private defense attorney.

But there are other levels of proof spelled out by New York law related to BAC. If a person’s BAC is between .05 and .07, then their test is not prima facie evidence that you were intoxicated and should not be given prima facie effectthat you were too impaired to drive a vehicle. This test makes it more difficult to make a charge of DWI stick. It calls into question any positive results of a field sobriety test and often does not lead to a DWI conviction. A field sobriety test must be extremely airtight and must be weighed against your testimony, and many experienced Long Island criminal defense lawyers can poke holes in any DWI field sobriety test without a BAC rating above .08. However, a BAC test between .07 and .08 gives prima facie evidence that you were intoxicated and that evidence can be used to show that you were impaired behind the wheel. The link between an intoxicated person and a DWI charge is much easier to prove than one between a person who is not intoxicated and driving while impaired.

All of these different BAC legal presumptions can be complex and challenging for the average defendant. The defendant may be scared or worried, or may make assumptions about the law that turn out to be not true. That is why those who are charged with a DWI need to seek out a private attorney. Private attorneys will help the defendant decide what legal presumptions apply to his or her case. They can make sure that evidence from BAC was handled properly and that all due diligence was performed. A private attorney can mean the difference between an acquittal and years of financial hardship and a ruined reputation. Make sure to take the prudent step of calling an attorney to handle any of your DWI concerns as soon as possible.

What Does an Officer Need to Stop a Driver for a DUI?

Contrary to what many people believe, an officer needs a reason to pull someone over on the side of the road. No Los Angeles police officer is legally permitted to pull anyone over unless they have a reasonable cause. This is not something everyone is aware of, which is why many people try to say they were pulled over for doing nothing wrong. Perhaps this is true and you did not do anything wrong, but there is a reason the officer believes you did.

– Someone called 911 and reported your vehicle of poor driving or other suspicious activity
– The officer witnessed erratic driving or you were breaking the law
– Someone else witnessed you breaking the law

There are many reasons an LA officer can pull you over without any question, but you should always be sure they can pull you over legally. This is why officers must keep dash cameras in their vehicles. It helps them provide much-needed evidence when criminals try to tell the court they did nothing wrong before they were pulled over. If you were stopped for a DUI, you need to know if the officer had a reason to pull you over. If he or she does not notate the reason for pulling you over in the police report, they do not have probable cause. This could result in your attorney demanding the charges are dropped because the officer did not follow the rules.

Examples of Probable Cause

Now that you know you cannot be pulled over and charged with a DUI in California for no reason other than you were unlucky enough to become a target, you must learn what constitutes probable cause in LA. These are just a few of the most common reasons an officer can pull you over and charge you with a DUI.

Reckless Driving/Breaking the Law – If an officer of the law watches you driving recklessly or breaking the law, that is a good enough reason to pull you over. If they then suspect you are drinking or under the influence of drugs, they can ask you to perform a field sobriety test, blow into a breathalyzer, or submit to a blood alcohol test. Be warned there are dozens of things that might fall into this category such as speeding, passing in a no passing zone, running a red light, or breaking any other laws while driving.

You’ve Been Reported – There are many reasons someone might report you for bad driving. They might see you in a bar drinking all afternoon and call the police when you get into your car. They know you can’t possibly be sober, and they call 911 and report your car and your license. They might see you do something illegal or dangerous on the road, or they might just call to inform the police you were talking on your phone while driving. If someone reports you and your vehicle, an officer can pull you over even if he or she did witness you do anything wrong.

Reasonable Suspicion – Now that you’ve been pulled over, the officer must have a reasonable suspicion you are under the influence of drugs or alcohol or both. This might include rapid eye movement, slurred speech, the presence of prescription drugs in your car, the presence of illegal drugs in your car, or the smell of alcohol on your breath. Open containers are a good cause to ask someone to perform a blood alcohol test, too.

If you’ve been pulled over and arrested for a DUI, you need to call a DUI attorney in LA. These are the attorneys who are familiar with DUI law and who can negotiate your charges on your behalf. You can ask your attorney to get the charges dropped by taking your case to court, or you can ask them to plead guilty for a lesser sentence. If you’re a first-time offender, your attorney has more wiggle room in the negotiations department. If you are not a first-time offender, you’re being charged with a Felony DUI even if no one was injured and you did not cause an accident.

If you are being charged with a Felony DUI, you must call an attorney. You need all the help they can offer. Felony DUIs come with much harsher sentences, and judges are less lenient with repeat offenders. Regardless if this is your first or second DUI arrest, however, you’ll find a Los Angeles dui attorney presents you with a much stronger chance of a positive outcome.

What will I have to do if the insurance company does pay for my injuries?

Here’s an article from WaistKarma.com, a retailer of waist trainers. Car accidents are an unfortunate part of life in New York City and other cities. Distracted driving, fatigued driving, and just plain bad driving often put victims in ambulances, hospitals, and sadly, caskets. For those victims who survive a tragic crash, there can be a lifetime of medical bills ahead for them. Our NYC personal injury lawyers encounter these tragic cases far too often. In many cases, victims end up losing their cars/car leases. In almost every case, we see damage to the car, including things like broken LED glass, There are times when insurance pays for the initial medical bills that are incurred because of the accident. When an NYC personal injury law firm files your lawsuit, it’s our job to protect your settlement from insurance companies.

Insurance companies often try to take part of your settlement to recoup their costs during your recovery. This is a legal gray area and it will take a skilled lawyer to defend your settlement from big insurance companies. The logic is that since the insurance companies paid for some of your medical bills, they should be entitled to some of your settlement money to make up for their contribution. The problem is that YOU’RE the one incurring the legal fees, you’re the one giving part of your settlement to a lawyer, and you’re the one who went through the horrific pain and suffering of the accident.

What Will I Have To Do If The Insurance Company Does Pay For My Injuries?

In some cases, insurances will aggressively pursue money from your settlement. Your lawyer will again go to work for you to protect this money from the insurance companies. Keep in mind that many hospitals also try to seek money from your settlement, too, and judges have had to issue very strong statements about these practices. As a victim, you’ve already been through enough. Once you win your settlement, it’s not right that people begin scraping away at your money.

Our NYC personal injury attorneys are just as aggressive in these cases, fighting for your settlement money against hospitals, doctor’s offices, and insurance companies who go after your settlement money. They have not fought long and hard in court for your settlement. They contributed nothing to the lawsuit that resulted in your settlement money, yet they are still trying their best to get additional money from your settlement. Don’t worry.

Our personal injury lawyers are the best in the business at protecting your settlement money from the insurance companies, hospitals, and doctor’s offices who pursue it. While there are times when insurance companies do in fact have a right to recoup some of their costs, in the majority of cases there are legal methods to keep them from taking your settlement money. At the very least, there are limits to what and how much they are allowed to recoup from a settlement.

If you’re concerned about your settlement money being depleted by the insurance companies and healthcare institutions that you’ve dealt with during the traumatic experience of your accident, please call our offices. We are seasoned veterans at these types of cases, and we’ve seen about every trick in the book tried by healthcare agencies and insurance companies. We know exactly how to negotiate with and use the laws on this subject to our advantage.

Long story short, if the insurance company pays for your injuries, you might face a claim from them trying to get their money back by taking some of your settlement. That’s why it’s important to maintain contact with your lawyer after the settlement and contact them again if some of these companies tries to take your money away from you after all you have been through to obtain it. Don’t sit back and let them take the money you suffered for. Call our offices today and let us protect and defend the settlement money you earned by aggressively pursuing the negligent people or agencies who led to your pain and suffering.

Used Cars IG


When buying a used car, there’s a lot of things to consider. First and foremost, you should remember that there are many benefits to buying a used car. Used cars are typically cheaper, and as a result, more affordable, than buying new cars. In addition, used cars typically have been through some initial wear and tear, which means they have some use on them – and are stable cars. This infographic, shared by Zooomr – a marketplace to buy used cars in delhi, is a great way to start learning about what to think about, and consider, when buying used cars. There are a large number of issues and car parts to consider, when considering whether to buy the car or not.

Los Angeles DUI and Pilots

This article is by Zooomr India, a great placed to buy used New Delhi BMW cars and get lease deals. DUI arrests occur all the time in Los Angeles, and many of them are ignored by most. When a professional with a professional license is pulled over and arrested for a DUI, it’s a different situation. Those without a professional license are less likely to suffer much more than the legal ramifications of a DUI. This might include a suspended license, fees, and even jail time. This won’t affect their job, their personal life, or anything else in their life. Someone with a professional license faces all the same legal ramifications in addition to professional ramifications.

Pilots are included in the list of professionals facing far more serious legal issues if they are pulled over and accused of DUI. The Federal Aviation Administration – commonly referred to as the FAA – legally obligates any pilot charged with a DUI to notify them of the arrest and conviction within 60 days. Even if the conviction is overturned or the pilot is not charged, they are still obligated to inform the FAA if there is a suspension or revocation of their personal driver’s license as a result of a DUI arrest. If a pilot fails to notify the FAA, the pilot faces even more serious consequences as they were notified the moment the pilot was booked for his or her DUI and had fingerprints entered into the national database.

FAA Action

Pilots fly commercial and private airlines, and they are putting their own lives and the lives of anyone onboard their flight or on the ground at risk when they fly. Since it’s illegal to operate a plane while under the influence, a DUI is an offense the FAA must know about immediately. Outside of legal discipline following an arrest or conviction, the FAA is rightfully able to invoke further punishment on a pilot for driving under the influence.

The FAA might decide to suspend a pilot’s flying license, offer mandatory time off work, and even require the pilot undergoes alcohol counseling and rehab. There is a chance the FAA might revoke the pilot’s license to fly if they feel the offense is serious enough or if it was at all related to his or her job performance.

The best case scenario is your alcohol level is at or below .15 and this is your first offense with a DUI. If this is the case, the FAA will not issue any major infractions on your record, and you will not lose your job. If this is your second offense, if you fail to report it, or if the end result was an accident that caused injury or death to someone else, there will be further considerations made in your case no matter what the court decides.

If you are a pilot arrested and charged with DUI, a NYC DUI attorney can help. Your attorney can help you fight your case, prove you did nothing wrong, or reduce your charges as they currently stand. Your attorney can fight for you to keep your license for all driving or at least for mandatory and imperative driving so you are not completely left without the ability to get to and from work or the doctor’s office. Your job as a pilot is to remain professional and never operate a vehicle while under the influence. If this happens to you because you misjudged your own ability to drive following a few drinks, call an attorney to discuss your case. There are many facets to these laws, and there is a lot we can do to help you fight your DUI charges before your job is put in jeopardy.

How Are Out Of State Drivers Treated?

Here’s a great article by Max Soni – founding partner at Zooomr, a tech company that helps consumers get amazing bmw lease deals. Car accidents are difficult enough to handle on their own without adding an out-of-state driver to the mix. There are so many different state laws that apply to insurance policies, accidents, and medical protection it’s virtually impossible to tell you what might happen if you’re involved in a car accident out of your state or in your state with someone who lives in another state. The law is different everywhere, and no two states have the same insurance laws. What your insurance requires in your state might not be what it requires in another state, even if you and the at-fault driver carry the same insurance company’s coverage.

You’re going to find being involved in an accident while you or the other driver is driving in a different state than the one in which you reside is even more confusing. It’s not easy to navigate the waters when an accident isn’t black and white, and that’s where a personal injury attorney comes in handy. This is a person who knows the law in a particular state, and they can help you by answering questions and helping you navigate the confusing days ahead.

Some factors that cause issues in out-of-state accidents include:

– Where you live
– Where the accident took place
– What the laws are in the state where the accident occurred
– If the state was a no-fault state
– Who caused the accident (was the person drinking, using a glass bong, e-liquids, etc)
– How serious the accident was

There’s no easy way to tell you what to do. Let’s take Florida for example. It’s a no-fault state, which means any Floridian involved in an accident out of Florida will be responsible for calling their own insurance company to pay for the damage to their vehicle even if they did not cause the accident. This happens because their insurance is kept in Florida, where the no-fault state rule applies. If you’re involved in an accident in a state where there is fault and you live in a state with fault, you’ll call the at-fault driver’s insurance company.

If you’re the passenger in someone else’s car during an out-of-state accident, you’ll find out your medical insurance might not cover you when you need your medical bills paid depending on where you live and where your insurance policy is kept.

Medical Bills and Out-Of-State Drivers

Whether you were the person out-of-state or not, you’ll find you have to handle your own medical bills at least initially. Your health insurance will help you cover the cost of your medical bills if you’re injured, but state law where you live and where the accident occurred might mean waiting a while to seek recovery for your out-of-pocket expenses. There are always personal injury lawsuits to file, but they become a bit more complicated when they occur in a situation like this one.

Vehicle Damage

The best thing you can do is learn the law in the state where the accident occurs, or just call your own insurance company to find out what you might do next. If you live in a no-fault state such as Florida, you’ll call your insurance company regardless. However, the state in which the driver who caused the accident lives might have different laws that your insurance company is able to help you understand. Another option is to contact a personal injury attorney to ask them what you can do, what rights you have, and who is responsible for your accident and the subsequent repairs to your vehicle. Your vehicle will be repaired, but it’s not always easy to know who is responsible for that until you become familiar with the laws.

Lawsuit Limitations

When an out-of-state accident occurs, you might not know what the law entails. You might go through weeks of confusion speaking to insurance companies, handling medical bills, and more, and you might wonder if you have a lawsuit on your hands. A personal injury attorney can help you with this, but you do have to consider the statute of limitations in the state in which the accident occurred. You only have so long to file a lawsuit before you’re no longer able to do so, and it might mean spending a little more time with your attorney to figure out the best course of action.

Attorneys and Lawsuits

If you’re involved in a car accident in another state, you’re going to have questions regarding potential lawsuits. Do you hire an attorney where you live, or one where the accident occurred? Attorneys are well-versed handling cases in which the driver is not a resident of the state. You want to hire someone who is familiar with the law in the state where the accident occurred, and you’ll want to make that call right away.

You’re probably not familiar with the law in another state, which means hiring an attorney is going to provide you the insight you need to handle a case like this. When injuries are serious enough to warrant a lawsuit to collect damages for medical bills and lost wages, you want someone who knows the law and what it entails in the state in which the accident occurs. Like any state, you’ll need proof the other driver caused the accident, but once you have that the process is a bit simpler.