Must Pilots Report a New York DWI to the FAA?
A pilot who holds a certificate issued under Part 61 must report certain motor vehicle actions involving alcohol or drugs to the FAA within 60 calendar days. An arrest alone does not trigger the § 61.15 reporting requirement, but a qualifying driver license action or later conviction can. Filing a report does not automatically mean […]
How to Get Your DWI Dismissed in New York
Driving While Intoxicated (DWI) charges in New York can be dismissed, but it does not happen automatically. A defense may focus on specific flaws in the prosecution’s case, such as an unlawful traffic stop, unreliable breath-test evidence, a Miranda violation, or field sobriety tests that were not administered properly. Even when your blood alcohol content […]
What Is NY VTL 1192(2-a), Aggravated DWI (.18+)?
Aggravated DWI under VTL § 1192(2-a) has two forms. Paragraph (a) applies when a chemical analysis shows a BAC of .18% or higher. Paragraph (b) applies when a driver violates specified DWI or drug-impaired-driving provisions while a child age 15 or younger is a passenger. A first .18+ offense carries a higher fine range and […]
Can You Become a Nurse in New York After a DWI Conviction?
A DWI conviction can raise serious concerns when you are applying for a nursing license in New York, but it does not automatically end your path to becoming a registered nurse. The New York State Education Department (NYSED) evaluates criminal history individually as part of its good moral character determination. Applicants must also answer NYSED’s […]
What Is NY VTL 1192(3) – Common Law DWI?
New York Vehicle and Traffic Law (VTL) § 1192(3) is the state’s Common Law Driving While Intoxicated (DWI) charge. It applies when the prosecution claims a driver operated a motor vehicle while in an intoxicated condition, even without relying on a specific BAC number. Because this charge can depend heavily on officer observations, roadside evidence, […]
How Do You Fight Field Sobriety Test Results in a New York DWI Case?
Field sobriety tests play a central role in many New York DWI arrests, but the results are not always reliable. Officers must administer and score these tests according to NHTSA’s standardized procedures, and even small deviations can affect the outcome. Because the scoring often depends on an officer’s observations and judgment, the results can be […]
What Is NY VTL 1192(4) DWAI Drugs?
New York Vehicle and Traffic Law § 1192(4) makes it a crime to operate a motor vehicle while a legally defined drug impairs your ability to drive. Unlike the .08 per se standard for alcohol, the statute sets no numeric drug concentration threshold. These cases can involve driving behavior, officer observations, a Drug Recognition Expert […]