Call Today
(607) 229-5184
Fax: (866) 381-3122
Free Book
The Law Office Of
Lawrence Newman
Library
Free Evaluation
Begin your case review by filling out the form below or call us 24 Hours a day at 1-607-229-5184.
Name:
Phone:
Email:
Tell Us More:
Questions
Lawrence Newman, DWI Lawyer
504 N. Aurora Street
Ithaca, NY 14850
Phone: (607) 229-5184 Fax: (866) 381-3122
Practice Areas
Blog
Copyright ©2009, Lawrence Newman, Attorney At Law. All Rights Reserved. Website Design By Ithaca Website Design. Site Map
Local, Focused, and Personal Representation
DWI Felony
Felony DWI in Ithaca, New York & Tompkins County
Repeat Offenders and Felony DWIs
Will my Out of State DWI count as a prior DWI?
Out of New York State DWIs are considered as a DWAI under VTL §1192 (8). They will not count as a prior DWI to elevate a current New York DWI to a Felony DWI.
How many years can they use a prior New York State DWI as a predicate to increase my DWI to a Felony Charge?
When a person has a current DWI violation and has had a prior DWI conviction within the prior ten years, then the pending charge will be upgraded to a Class E Felony DWI.
What are the potential consequences of a first time Felony DWI?
The fines can range from $1,000 to $5,000, a period of imprisonment of up to a maximum sentence of four years, and five years probation.
Can a DWAI be used as the predicate offense for a Felony DWI?
No, prior convictions of DWAI, a violation of VTL §1192 (1), cannot be used as predicate offenses to elevate a current DWI charge. They can be used by the prosecution to enhance punishment. Harsh punishment is likely for repeat offenders under such circumstances. It is not unusual for the District Attorney to ask for three years or more years of probation in addition to other conditions.
Will my Felony DWI stay in a town or city Court?
If you are indicted on a Felony DWI in Ithaca, NY or any other Tompkins County Town Courts your case (if indicted as a Felony), will be moved to the Tompkins County Court at 320 North Tioga Street, Ithaca, NY.
Are there other potential options to Prison for a Felony DWI?
The options can range from Split Sentences, which consist of a short period of prison (which could range from a minimum term of 6 months), with a long term of probation (typically 5 years), with alcohol/drug counseling to Tompkins County Felony Drug Treatment Court. Typically, the Tompkins County District Attorney takes Felony charges very seriously. You need to be accepted into the Drug Treatment Court Program after screening by the Court, the Probation Department, and the District Attorney's office. During the screening process you may receive a release under supervision of a drug court probation officer or be placed on interim probation supervision that may include a period of electronic monitoring. If you are accepted into the program by the Felony Drug Treatment Court, you will enter a guilty plea and be sentenced. The Felony Drug Treatment Court has strict program requirements. All participants are sentenced to a 5 year term of probation and must agree to comply with all of the conditions of the program to be successful. For more detailed information about this special program see their website at:
