breathe.jpgDWI defense lawyers like myself are frequently asked this question. In the past, the answer was clear. However, with several recent legislative changes, the bright line between taking or refusing the test has dimmed. It is even more critical to have a DWI defense attorney who has extensive background in all aspects of DWI. My 50-year experience in this area is your best defense.

Should I Submit to a Chemical Test if I Am Arrested for DWI in Upstate New York?

If a driver agrees to take the chemical test, the door is left open to plea bargain a misdemeanor DWI down to a traffic infraction of Driving While Ability Impaired (DWAI). Attendance at a Drinking Driver Program would probably be required, and the motorist might be able to obtain a conditional license during the 90-day term of license suspension.

Move_Over.jpgAs an Upstate New York DWI defense lawyer, I want to share with you a new law that impacts all drivers in New York State. The Ambrose-Searles “Move Over Act” is named after two police officers, New York State Trooper, Robert Ambrose, and Deputy Sheriff, Glenn Searles, who were killed by motorists while their patrol cars were parked on the side of the highway.

The “move over” and “slow down” provisions of the law go into effect the first day of 2011. Motorists will be required to use due care when approaching emergency vehicles which are stopped on the shoulder of a road or highway with emergency lights on.

Drivers must reduce speed on all roads when encountering a stopped police car or emergency vehicle with emergency lights flashing. On interstates and multiple lane highways, drivers are further required to move over to keep an empty lane between them and the emergency vehicle, unless traffic conditions or other hazards prevent the motorist from changing lanes safely.