Call Toll Free (888) 998-9984
The Law Office of Kevin P. Sheerin provides quality legal representation to the Long Island and New York City areas- Manhattan, Brooklyn, Queens, Staten Island and the Bronx in addition to Nassau and Suffolk Counties. Our office is conveniently located in Mineola, New York.
Nothing can be more frightening then facing criminal charges. If you have been arrested and your liberty is in jeopardy, you will need an attorney with years of criminal law experience to navigate you through the justice system. Kevin P. Sheerin served over 20 years with the New York City Police Department and was promoted to the rank of Captain during his distinguished career. As an attorney, Kevin P. Sheerin has helped his clients reach a quick and fair resolution of their case. With years of experience as a police officer and a defense attorney, let Kevin P. Sheerin use his expertise in your case. Hiring a Long Island DWI attorney is the first step in a successful defense of your case.
Click here for free DWI EBook
On Long Island if you are arrested for DWI it is likely that you will end up with a criminal record if you record a .13 or more on the breath test. In Suffolk County the percentage is .16%. This may be your first offense and first encounter with law enforcement in your life. Despite the potential inaccuracies of the testing device and medical conditions that could effect the breath test outcome you would be faced with pleading guilty to a misdemeanor and having a criminal record for the rest of you life. Accordingly, it is imperative that you speak with an experienced attorney about your arrest to represent you in your defense. It is important that your attorney use all the mean at their disposal to fight the prosecutor's efforts to give you a criminal record if you are arrested for DWI on Long Island. DWI on Long Island has been the subject of extensive coverage in the media. Whether or not you took the breath test at the police testing facility you would need to speak to an attorney to find the best possible defense to your case. You definately need an experienced DWI attorney to defend you.
If you or someone you know has been arrested, it is crucial that you seek legal advice. Should you be prosecuted, legal counsel is the only secure method of attaining a fair trial and avoiding conviction. Kevin P. Sheerin is a retired New York Police Department Captain with years of experience in the NYPD Legal Bureau. Now, with years of experience on both sides of criminal proceedings, Kevin Sheerin will use his full abilities to secure for you the settlement or verdict you deserve.
New York State DWI laws are contained in the NYS Vehicle and Traffic Law (VTL) . Most of the laws are contained in the section VTL 1192 and what follows thereafter.
New York State has two ways Police Officers can charge you with DWI:
Per Se DWI which is when your Blood Alcohol Content (BAC) is over .08 percent or higher. (This percentage was lowered from .10 a few years ago.)
Common Law DWI is when based on an Officer’s observations he or she believes you to be intoxicated. The items an Officer is trained to observe are: ”glassy watery eyes, odor of alcohol on breath, slurred speech and the results of field sobriety tests.” Under the Common Law theory of DWI a BAC is not required to prove the crime. The prosecution must include in their charge that: The defendant operated the vehicle; that the defendant was intoxicated and that the operation and intoxication happened simultaneously.
The first DWI conviction is a misdemeanor and the second DWI conviction is a felony.
Additionally, New York State has a offense of Driving While Ability is Impaired by alcohol. (DWAI) This is when a motorist does not test above .08 percent BAC. Of course, the penalties are less harsh than a DWI offense. The first and second DWAI are violations and the third is a misdemeanor.
AUO Aggravated Unlicensed Operation
As a criminal defense attorney, DWI and DWAI attorney Mr. Sheerin appears in the following courts: Nassau County First District Court, Nassau County Criminal Court, Suffolk County First District Court, Suffolk County Criminal Court, Suffolk and Nassau County Traffic Courts and other local courts.
Contact Us for a Consultation
Visit our DWI Blog by clicking here.