Gary A. Farrell is an Experienced New York DWI Defense Attorney
Your decision whether or not to fight DWI charges can have an enormous impact on your future. Gary Farrell, a New York DWI defense attorney, says, “People need to know that a drunk driving conviction or guilty plea to Driving While Intoxicated (DWI) brings all kinds of downside—sometimes lifelong consequences. You face the possible loss of your freedom, a permanent criminal record, loss of your license, loss of your car, loss of your job, heavy fines, court fees, possible civil lawsuits, and extremely high insurance premiums going forward—not to mention the stigma of possible prison time.”
In New York, alcohol and drug-related charges are hot button crimes. District Attorneys throughout the state are eager to prosecute them. Under the laws of the State of New York, a number of charges are possible in alcohol-related cases:
➤ Driving While Impaired by Alcohol (DWAI)
➤ Driving While Intoxicated (DWI)
➤ Driving while Under the Influence of Drugs
➤ Vehicular Assault
➤ Vehicular Manslaughter
➤ Leaving the Scene of an Accident
➤ Driving with a Suspended License
➤ Criminally Negligent Homicide
➤ Reckless Driving
➤ Civil Forfeiture of your Car
Terry L. works the late shift in the Information Services department at a bank in New Jersey. A family man in his late forties, Terry has been commuting to the bank from his home in the Canarsie section of Brooklyn for more than 15 years. Occasionally, Terry and his co-workers will have a drink together before heading home. In May of 2007, Terry was almost home when he was pulled over by a cop who claimed that he had run a red light. The officer noticed the odor of alcohol and gave Terry a field sobriety test that showed he was over the limit. However, Terry took and passed the coordination tests. Back at the precinct, another sobriety test confirmed Terry at .07, over the limit. He was arrested and charged with Driving While Intoxicated and Driving While Impaired. A guilty plea to either of these charges would have resulted in either the suspension or revocation of his driver’s license, and would likely have cost him his job. Terry hired Gary Farrell to protect his rights. He told Gary that he had taken and passed the coordination tests at the scene, but Gary soon discovered was no record of that in the police records.
Gary Farrell requested and was granted a Suppression Hearing. At the hearing, Gary was able to impeach the testimony of the arresting officer by shining a light on the inconsistencies between his reports and what actually happened. Gary’s cross-examination was so effective that the DA ultimately offered his client a plea to Disorderly Conduct. Says Mr. Farrell, “What happened in the end was that Terry L. had to pay a small fine. His driver’s license was not suspended for even one day. He avoided the terrible stigma of a criminal record, which, in and of itself, might have cost him his job.”
In this case, a bank manager named Joseph G. stops in at a gentlemen’s club in Queens to have one drink. After leaving the club, Joseph is pulled over. The officer gives Joseph a field sobriety test and determines that he is over the limit. Joseph can’t believe his ears, since he knows he has had only one drink. Police video shows him to be polite and evidently sober. Back at the precinct, Joseph thinks he is being framed, so he hesitates when asked to take the test again. However, he does take it again, and this time the reading is a .00. Instead of apologizing and releasing him, the officer now charges Joseph with driving under the influence of drugs! In addition to the criminal charges, the police seek forfeiture of the banker’s car. As if all of this weren’t bad enough, the Department of Motor Vehicles (DMV) moves to revoke Joseph’s license on the grounds that he refused to take a urine test for the presence of drugs in his system. Forced to fight on three fronts, Joseph retains Gary Farrell. Good move.
At the DMV hearing, Gary Farrell shows clearly that the cop’s paperwork is flawed and Joseph gets to keep his license. Next, Gary Farrell is able to persuade the NYPD not to file a forfeiture petition, so Joseph gets to keep his car. Gary then convinces the DA’s office to drop the case by showing that his client did indeed take the Intoxilyzer test when requested, despite the cop’s paperwork saying that he refused. Additionally, Gary uses the police department’s own video to show that there is absolutely nothing to indicate that his client had used any drugs. Says Mr. Farrell, “Joseph G. was a completely innocent man. I am glad that I was able to get this straightened out, but this man should never have had to spend one hour in jail. This case was a real miscarriage of justice.” For his wrongful arrest and having had to spend one night in jail, Mr. G. settled his civil suit against the NYPD for $35,000.
DWI charges can bring serious, life-altering consequences. If you or a loved one is facing DWI charges, make sure that you engage an experienced DWI attorney. A former Senior Trial Attorney in the Kings County Homicide Division and former Deputy Bureau Chief of Investigations, attorney Gary Farrell knows the law—and he knows the ropes. Gary Farrell is committed to getting the best possible result for his clients. He welcomes your inquiry 24 hours a day, seven days a week. Reach Gary at 212-822-1434 or on his cell 646-431-8332. Se habla español.
THE LAW OFFICE OF GARY A. FARRELL
If you are contemplating an appeal, you can reach
Mr. Farrell at 646-431-8332.