Manhattan aggravated DWI lawyers Russ Kofman and Arthur Lebedin releases a new article (https://www.lebedinkofman.com/manhattan-dwi-lawyer/aggravated-dui-attorney/) explaining aggravated DWI charges in New York. The lawyer mentions that in New York State law, no person shall operate a motor vehicle while they have a blood alcohol content (BAC) of 0.18 percent. If the defendant has been convicted of a crime in violation of Penal Law Section 120.03, 120.04, 125.13, or 125.14 within the previous 10 years, a conviction of aggravated driving while intoxicated per se is a Class E felony.
“If the defendant has been convicted of a crime in violation of any of the previously listed crimes twice in the previous 10 years, a conviction of aggravated driving while intoxicated per se is a class D felony,” the article from the Manhattan aggravated DWI lawyers says.
Attorney Russ Kofman explains in the article that a motor vehicle means every vehicle operated or driven upon a public highway that is propelled by any power other than muscular power. A person may be considered to be operating a motor vehicle even if the vehicle is not moving but the engine is running.
The lawyer also adds that there are a lot of things that need to be considered when determining the accuracy of the results of a chemical test. The things to be considered include the qualifications and reliability of the person who gave the test, the lapse of time between the operation of the motor vehicle and the giving of the test, the device used, and whether the test was given properly.
DWI lawyer Arthur Lebedin also adds that there must be evidence that the test was administered by a professional possessing a valid New York State Department of Health permit allows for the presumption that the test was done properly.
According to attorney Lebedin, “To find a defendant guilty of driving while impaired by alcohol, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the alleged date, the defendant operated a motor vehicle; and (2) the defendant operated the motor vehicle while his or her BAC was 0.18 as shown by a chemical analysis of such person’s blood, breath, urine, or saliva.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of Aggravated DWI. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman is a seasoned, aggressive litigator handling cases in both the state and federal courts. He is a managing partner of the Lebedin Kofman Law firm. The lawyer handles civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman believes in his clients and works hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with attorney Russ Kofman: 646-663-4430.
Lebedin Kofman LLP
26 Broadway 3rd floor, New York, NY 10004, United States
(646) 663-4430
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Lebedin Kofman LLP
Arthur Lebedin
(646) 663-4430
26 Broadway 3rd floor, New York, NY 10004, United States
