White Plains DWI Out Of State Lawyer
Interstate Compact in DWI –New York Out of State DWI Lawyers
At Greco Neyland PC, our DWI defense attorneys often receive questions from drivers who are uncertain about the consequences of an out of state DWI type offense. This situation can impact drivers in a variety of scenarios that include:
- Police arrest a New York resident for DWI/DUI when traveling in another state.
- A resident of another state is arrested in New York for DWI with an out of state driver’s license.
- A motorist subject to a license revocation in New York for DWI relocates to another state.
All of these various scenarios are governed by the Interstate Compact on DWI. This compact between many states, which includes New York, is designed to create a nationwide license revocation/suspension system for alcohol related driving offenses like DWI and DUI. This multi-state scheme provides a way to prevent drivers from moving to another state to avoid driver’s license penalties for DWI/DUI offenses. The New York version of the Interstate Compact for DWI can be located in VTL (Vehicle and Traffic Law) §516.
Because our founding partners are experienced former prosecutors, they rely on insider knowledge when defending out of state drivers charged with alcohol related operating offenses. Our attorneys offer legal advice regarding the complicated dynamics of an out of state DWI or DUI conviction. When you retain our law firm, we look to construct effective defense strategies to prevent a conviction rather than agreeing to a quick plea bargain. The benefit of hiring a private criminal defense attorney is that the attorney has the time, experience, resources and expertise to fight the charges against you. Any attorney can agree to the first offer presented by the prosecutor, so there is no reason to pay for this type of perfunctory defense. While our law firm will evaluate potential plea bargains, this evaluation involves crafting an effective defense strategy that gives the prosecutor pause about his or her prospects at trial. Ultimately, we are prepared to take your case to trial if we are not given an option to our liking. We are not plea-bargain specialists, make no mistake about that. We are trial hardened lawyers, ready to take your case to trial.
Out of State Drivers Arrested for DWI in New York
While it may be inconvenient to be arrested for DWI during a visit to New York, some tourists or business travelers presume that their driver’s license in their home state is secure. Unfortunately, drivers who make this assumption will eventually receive a rude awakening. The best way to understand what to expect if you are arrested for DWI under VTL §1192(2) when visiting New York can be best illustrated by the following example:
When a resident of California visits New York with a California driver’s license, New York can only suspend the motorist’s New York driving privileges. If the California driver has no New York driver’s license, this penalty essentially has no impact on the driver. The New York judge has no jurisdiction over the driver’s California driving privileges. Section 516 does not impose a requirement to report the motorist’s suspension of New York driving privileges to California. At this point, the California driver is probably happy to pay the fine and return home. Since the driver has no plan to return to New York during the driver’s license revocation period, he or she assumes that she has escaped the situation with minimal consequences. However, the California driver will learn at a subsequent time, which depends on the efficiency of the Compact Administrator and the California DMV, that his or her driving privileges have been revoked based on a similar penalty for a comparable violation under California law.
New York Drivers Arrested for DWI/DUI in Other States
If you are a New York resident traveling in California, you will face the converse situation if you are arrested for an alcohol related operating offense that is comparable to one in New York. While the California court has no jurisdiction to suspend your New York driving privileges, you will later receive notification that your New York driver’s license has been suspended under the Interstate Compact on DWI.
Contact a White Plains Out of State DWI Defense Attorney Today
The DWI attorneys at our New York law firm are committed to providing a zealous defense of your rights. We carefully analyze police procedures and the evidence, so we can provide an effective defense to your charges. At Greco Neyland PC, our lawyers represent clients charged with serious alcohol and drug related operating offenses. We offer a free consultation, so you should feel free to call us today at (914) 358-9146 or click here to schedule your free consultation.
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White Plains, NY 10601
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