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What’s the Best Way to Fight an Aggravated DWI Charge in New York?

December 21, 2020/0 Comments/in Legal News /by efigueira

According to official reports, drunk driving fatalities and injuries have been steadily declining over the past decade or so. That being said, people continue to get behind the wheel while intoxicated on a fairly regular basis in the Empire State. This is a major concern across the United States, and offenders should be prosecuted for their actions. 

 

That being said, it’s always important to enlist the help of a qualified criminal defense attorney, even if you are facing a serious DWI charge, such as an aggravated DWI. Everyone is entitled to proper legal representation, no matter what crime they are accused of. An experienced attorney can utilize a range of different strategies to fight an aggravated DWI charge in court, and these efforts will likely result in a more positive legal outcome. 

 

What is an Aggravated DWI? 

 

In New York, the legal definition of an aggravated DWI is relatively straightforward. Those who have a Blood Alcohol Content of over .18 are guilty of this crime. This is more than double the legal limit, as a “normal” DWI occurs when you have a BAC of just .018. If you are caught behind the wheel with a BAC of over .18, it is assumed that you are a serious danger to yourself and other people on the road. 

 

What is the Penalty for an Aggravated DWI?

 

If you are found guilty of an aggravated DWI, you face serious legal consequences. There is a mandatory fine of at least $1,000, and this fine can be increased to a maximum amount of $2,500. In addition, you face a maximum jail term of one year and a revoked license for at least one year. But that’s just if it’s your first offense. Much more serious penalties are associated with subsequent offenses:

  • Second Aggravated DUI: A second aggravated DUI within 10 years is a class E felony. You will face a fine of $1,000-$5,000, a jail term of up to four years, and a revoked license for 18 months.
  • Third Aggravated DUI: A third aggravated DUI within 10 years is a class D felony. You will face a fine of $2,000-$10,000, a jail term of up to 7 years, and a revoked license for 18 months. 

 

How to Fight an Aggravated DWI Charge in New York

 

Fighting an aggravated DWI Charge in New York courts can be difficult, as new rules have made plea bargains and other tactics impossible. An experienced attorney may be able to call into question the validity of the evidence presented by the prosecution. For example, your attorney may attempt to prove that the blood test results are unreliable and inadmissible. 

 

Getting Legal Help

 

If you’re facing an aggravated DWI charge in New York, reach out to Darren DeUrso, Attorney at Law today. 

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: (914) 772-8614

 

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Social security disability attorneys are instrumental in application and disputes of SSDI benefits.

December 21, 2020/0 Comments/in Legal News /by DAMG DAMG

Social Security Disability (SSD) Benefit applications can be overwhelming, and SSD attorneys are skilled at handling common and unique issues that arise throughout the process.  Social Security disability insurance (SSDI) applications and disputed cases are won and lost on medical evidence.  Legal counsel can provide a compelling story, based on relevant medical records, facilitating an expedient resolve and faster access to the proper disability benefit amounts to which a disabled person is entitled.

 

Benefits.

 

Social Security disability benefits come from two different programs administered by the Social Security Administration (SSA).

 

  1. Social Security disability insurance (SSDI), only provides benefits to disabled workers who already paid taxes into the trust fund.
  2. Supplemental Security Income (SSI), provides financial assistance and health coverage benefits to disabled Americans who have not worked enough to qualify for SSDI.

 

Purpose.

 

SSDI provides monthly benefits to eligible disabled Americans whose conditions prevent them from working for at least 12 months. This program is designed for people who paid Social Security taxes throughout their working years and meet SSA’s work history and medical definition of a disability. SSDI attorneys can assess an individual’s situation to make sure they meet qualifications for benefit application. Benefits are paid monthly when individuals are unable to work for a year, or more due to disabilities. Benefits can be short term, or continue until the age of retirement, when they are converted to retirement benefits paid at the same amount. An SSDI attorney can outline the necessary requirements for the receipt of benefits.

 

Conditions.

Qualification for SSDI benefits is dependent on work credits from a person’s total annual wage, or self-employment income.  Forty credits are customarily necessary to qualify, with 20 of those credits earned in the last ten years of working before becoming disabled.  Younger workers sometimes qualify with fewer credits.  An SSDI attorney can assist with explanations related to work credits. There are special situations where individuals may apply for SSDI benefits, including disabled children, widows’, or widowers’ benefits, blind individuals, and wounded warriors and veterans.

Application.

 

Attorneys who have experience with social security disability applications assist individuals who need to properly document medical conditions, and produce relevant supporting evidence that provides proof that a disability should be covered. They collect, compile, and review medical documents and timelines that provide evidence of the disability through:

 

  • Medical records outlining symptoms and treatments relevant to disability status.
  • Physician testimony important due to doctor’s medical education, medical diagnoses, and first-hand knowledge of an individual’s symptoms leading to their disability.
  • Treatment failure revealing that the applicant attempted all normal treatment methods.
  • Employer and co-worker testimony providing first-hand accounts of how the disability affects safety, efficiency, and capabilities that would hinder applicant’s job abilities.
  • Lawyer testimony after approval on the initial application.

 

Seek legal counsel.

 

Guidance can be provided by experienced SSDI attorneys as they help individuals prepare disability applications.  Lawyers will explain differences in program benefits, necessary qualifications, and eligibility considerations.

https://onlinelawyernetwork.com/wp-content/uploads/2020/10/accident-onlinelawyernetwork.jpg 381 600 DAMG DAMG https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png DAMG DAMG2020-12-21 20:33:092020-12-21 20:33:09Social security disability attorneys are instrumental in application and disputes of SSDI benefits.
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