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Long Island Criminal Defense Attorneys for DWI and DUI in Nassau County and Suffolk County, NY

JUST BECAUSE YOU BLOW A .08 OR MORE DOES NOT MEAN YOU ARE GUILTY OF DWI!!   

 

NEW YORK PASSES A NEW LAW TO

SEAL OR EXPUNGE

PREVIOUS CRIMINAL RECORDS

ACT NOW TO SEAL YOUR RECORD!

 

 

Finally, New York State passed a Criminal Record Sealing Statute.  Criminal Procedure Law Section 160.59 allows People who have been previously convicted of certain crimes and offenses to have their record sealed. ALTHOUGH THE STATUTE BECOMES EFFECTIVE IN OCTOBER, 2017, GIVEN THE GREAT NUMBER OF REQUESTS THAT WILL BE MADE TO SEAL CRIMINAL RECORDS, AND THE LIMITED CAPACITY OF THE COURTS TO PROCESS THESE REQUESTS, IT NECESSARY TO ACT NOW TO ENSURE THAT YOUR MOTION TO SEAL YOUR RECORD IS REVIEWED AND GRANTED AS SOON AS POSSIBLE

Benefits of Criminal Procedure Law § 160.59.   - The New York Record Sealing Law

This law was desperately needed for those persons, who may have previously made a mistake in their lives.  A Criminal Conviction can follow one for life, with far reaching results, ranging from effecting persons’ ability to obtain employment, credit, housing, as well as the social stigma and embarrassment that goes along with it. In the world of the internet, it is very easy and inexpensive for anyone, ranging from prospective employers, landlords, friends, fellow co-worker and loved ones, to find your Criminal Record in New York.  If your motion is granted, your record will be Sealed to the Public and various Government agencies, and THE LAW PROVIDES YOU WILL NOT HAVE TO REVEAL ON YOUR EMPLOYMENT, OR OTHER VARIOUS APPLICATIONS THE FACT THAT YOU HAVE BEEN ARRESTED, OR CONVICTED OF THE CRIME THAT IS SEALED.

Eligibility Under The New York Record Sealing Law

Section 160.59 would allow any person who has no more than one felony conviction and no more than two total convictions to make a motion to the Court in which they were convicted to seal the records of up to two eligible convictions. Unfortunately, not every conviction is eligible.

Certain Offenses not eligible for record sealing:

·         Any sex offense under Penal Law 130.

·         Any offense under Penal Law 263

·         A felony offense under Penal Law 125

·         Any “violent felony offense” (specifically defined under Penal Law 70.02)

·         Any class A felony offense.

·         Any felony offense under Penal Law 205 (if predicate underlying offense is among the ineligible offenses here).

·         Any felony attempt to commit any of the offenses that are ineligible.

·         Any offense that requires registration as a sex offender.

Offenses eligible for record sealing:

·         Any offenses NOT in the list above are eligible for record sealing.

In order to be Eligible to make a motion, a person’s previous conviction must be more than 10 years old from the previous conviction.  The time is tolled from the time of the sentence or the time they were released from jail/prison, whichever was last before they can apply for a sealing.  In addition to this, several other requirements must be met.  Given that sealing of one’s record is not a right, the Court has discretion to grant or deny such request, and the District Attorney’s Office of the County in which the person was convicted can oppose said motion for sealing, which may result in a hearing before the Court in which the motion is being brought.

Given the discretion the Court has, and the anticipated opposition some District Attorney’s Offices may have to Sealing, the Motion should be well written and set forth a compelling argument to the Court for Sealing. Not only should an experienced attorney make a compelling argument in the Motion, but the correct reasons must be set forth in order for the Court to grant the Motion and Seal the record. Any Motion should have attached the necessary documentation to back up such arguments.

THEREFORE, IN ORDER TO ACHIEVE THE BEST RESULTS, IT IS IMPERATIVE THAT A PERSON HIRE AN EXPERIENCED CRIMINAL LAWYER TO PREPARE THE MOTION AND ARGUE TO THE COURT, AS DENIAL OF SAID MOTION WILL LIKELY RESULT FROM THE PERSON BEING UNABLE TO BRING THE MOTION AGAIN.  OUR FIRM HAS SUBMITTED AND ARGUED THOUSANDS OF MOTIONS SUCCESSFULLY IN CRIMINAL CASES OVER THE LAST 25 YEARS.

 

GIVEN THE HARSH POLICIES OF THE NASSAU COUNTY DISTRICT ATTORNEY’S OFFICE AND SERIOUS RAMIFICATIONS OF A DWI OR DWAI CONVICTION IT IS INCUMBENT UPON YOU TO HIRE A NASSAU COUNTY DWI LAW FIRM LIKE OURS THAT IS EXPERIENCED AND CONCENTRATES IN THIS FIELD OF DWI AND WILL FIGHT FOR YOU!

JUST BECAUSE YOU REFUSED TO TAKE A BREATH TEST DOES NOT MEAN YOU ARE GUILTY OF DWI, OR WILL HAVE YOUR LICENSE REVOKED BY THE DEPARTMENT OF MOTOR VEHICLE.

 

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Nassau Police now instructed to charge Citizens with DWI not even if BREATH TEST shows THAT they NOT LEGALLY INTOXICATED or IMPAIRED

DWI LAW AND JURY INSTRUCTIONS EXPLAINED IN LAYMAN TERMS

 

   

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DID YOU KNOW THAT A DRUNK DRIVING CONVICTION OR A FINDING OF A REFUSAL AT DMV COULD RESULT IN:

  • Loss of your Drivers License or Loss of your car or equity in your car.

  • A Criminal Conviction for the Rest of Your Life.

  • Mandatory Loss of Your Driver's License without the Ability to Obtain a Conditional License.

  • Mandatory Interlock system for your car and Mandatory Fines and Surcharges.

  • Mandatory Attendance at an Alcohol Treatment Program.

  • Increase in Insurance Premiums

  • Jail or Prison. Fines and/or Probation 

  • Adverse Effect on Employment and Credit History.

  • Loss of Professional License

  • Mandatory $250 yearly fee to the Department of Motor Vehicles for 3 years.

  • Mandatory Community Service

BREATH TESTS ARE HIGHLY INACCURATE .

NASSAU COUNTY DA’S POLICY ON REFUSAL ON REFUSAL CASES IN NO TO PLEA BARGAINING

The Nassau District Attorney’s Office has a Policy not to Plea Bargain down Nassau County DWI Refusal Cases. Therefore, it is imperative that you hire a Law Firm that Concentrates in DWI Defense in Nassau County. I have represented 1,000’s of people charged with Nassau County DWI cases and other NY DWI courts. I have gone to trial on well over 100 DWI and DWAI cases, and have conducted 100’s of DWI Refusal hearings and DWI pre-trial hearings.  I have lectured on the Defense of DWI cases and The Defense of DWI Refusal Cases before the Nassau and Suffolk County Bar Associations.  On numerous occasions our law firm has been successful at the Refusal Hearing, or on Appeal.  Given that a finding of a refusal to take a breath test results in a minimum one year revocation of your license with no avenue for a conditional license without a plea to DWI it is imperative that you obtain a DWI attorney experienced in defending this type of case.  

For More Info And To Schedule a Free Consultation with a Nassau County DWI Lawyer, Call Us: 1 516 794-3500
CHECK OUT OUR DEFENSE LAWYERS CREDENTIALS

 

A Nassau County DWI Defense Lawyer or Suffolk County DWI Lawyer Can Be Reached 
24 Hours A Day - 7 Days A Week In Case of an Emergency if Arrested or Charged with DWI OR DUI.

WE HAVE TWO CONVENIENT DWI LAW OFFICE LOCATIONS:

Nassau County DWI Lawyers Office

Suffolk County DWI Lawyers Office

 
170 Old Country Road, Suite 610
Mineola, New York 11501
Phone: 516-794-3500
490 Main Street,
Northport, New York
 
 

( BY APPOINTMENT ONLY )

The Law Offices of 

Brunetti & Ascione PLLC. 

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