Nicholas Michael Rossi was interviewed by WBFO 88.7 regarding the complex nature of DWI cases
in New York. According to Attorney Rossi, though DWIs may be considered
misdemeanors, they still carry steep penalties, such as a maximum of one
year in prison.
With skill and authority, Attorney Rossi helped the listeners of WBFO 88.7
understand the intricate process of
DWI cases. As he does will all his clients, he desires to ensure that those
facing DWI charges are always aware of their legal situation at all stages
of the process.
Issues Regarding Chemical Test Refusals
Attorney Rossi reveals how DWI cases become far more complicated if one
refuses a chemical test after being pulled over. This is primarily because
two separate authorities will have to deal with this case: civil institutions
and the criminal institutions.
For example, the actual charges related to DWIs are dealt with by a criminal
court. However, the refusal of a chemical test incorporates issues related
to license that are
handled by the Department of Motor Vehicles (DMV). As such, both the criminal court and the DMV will sort through DWI cases
that involve chemical test refusals in order to attain the proper verdict
for your case.
License Suspension Pending Prosecution
One of the most vital questions that surfaced during Attorney Rossi’s
interview with WBFO 88.7 was the notion of license suspension. Though
it is held that one is innocent until proven guilty, this is not always
the case with DWI charges that include a chemical test refusal.
The reality is: the court can indeed suspend one’s license, despite
having been convicted of a DWI. The court may suspend one’s license
during the first court appearance if:
- The defendant refused a chemical test after having been properly warned
by police officers
- The defendant was administered a chemical test and the judge possessed
the results of the chemical test at the time of the court appearance
If you have been charged with a DWI and are in need of legal help to navigate
this difficult process,
contact skilled and authoritative New York DWI attorney, Nicholas Michael Rossi today for more information. Our firm has nearly
40 years of experience, and we will do everything we can to fight for