DWI & Vehicular Crimes
DWI Lawyer New York City & Long Island
Whether you need an attorney for moving violations, many of which now carry serious driving consequences, or representation for a vehicular criminal matter, Mr. Indusi and Mr. London bring a wealth of experience, training, and knowledge to your case and the courtroom. We have handled hundreds of alcohol/drug driving related cases, including misdemeanor and felony cases involving accidents with property damage, physical injury, and death. Mr. Indusi has tried many of the more serious cases before juries and has an impeccable win record.
London Indusi are DWI Lawyers serving:
- New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island),
- Long Island (Nassau County, Suffolk County, The Hamptons),
- Westchester County, Rockland County and
- New Jersey.
The most common cases in this area include charges of:
- Driving While Intoxicated – DWI (based on breath, blood, or urine test or refusal cases)/Driving While Impaired – DWAI
- Driving While Intoxicated by Drugs (based on blood, urine or a refusal)
- Leandra’s Law cases – Cases involving an allegation of DWI with a young child in the vehicle
- Leaving the Scene of an Accident Causing Property Damage, Injury or Death
- Aggravated Unlicensed Operation
- Vehicular Homicide, Vehicular Manslaughter and Vehicular Assault
- Reckless Driving
- Other VTL offense are typically charged unless there was an accident or a police checkpoint
Proven Experience DWI Lawyers in New York City
Most lawyers see the breath test number to be an impediment to victory, however Mr. Indusi has focused on mastering the science behind the breath test machine so he can educate the judge and jury about its potentially unreliable results. The law prohibits a person from operating a motor vehicle based on an over the limit blood alcohol content, however most cases involve only a breath test which the prosecution attempts to use as evidence of a motorist’s blood alcohol content. Mr. Indusi has obtained full acquittals in high number (0.08 to 0.29) cases by attacking the science of breath-to-blood conversion, the operator’s qualifications, and the way the test was administered. Mr. Indusi also has great cases success in cases where the motorist refuses to give a breath, blood, or urine sample.
Beyond Expertise Long Island DWI Lawyers
On July 29, 2012, Mr. Indusi received the below certificates after completing the Breath Test Operator course and Standarized Field Sobreity Test’s (SFST) course. Mr. Indusi also completed a specialized training for members of the National College for DUI Defense, Inc. The way these tests are performed are crucial in determining whether the results are produced are accurate and reliable. Police should always properly administer Standardized Field Sobriety Tests (SFST) before making an arrest for driving under the influence of alcohol, however in some jurisdictions, these tests are performed after the arrest at the police station. These tests can include a number of mental/physical coordination tests, including the Walk-and-Turn (WAT), One-Leg-Stand (OLS), Finger-To-Nose (FTN), and the Romberg test. Additionally, the police in some jurisdictions may be trained to administer the Horizontal Gaze Nystagmus (HGN) test, which involves inspection of the eyes. While these are not by any means, proof beyond a reasonable doubt, any level of reliability claimed from the administration of these test comes only from their proper administration. Mr. Indusi has been trained by the very people training the police to be sure a passed test was not improperly scored as a fail. When you come into our office, part of our intake will include going over every aspect of the breath test on our own CMI, Inc. Intoxilyzer 5000EN to assure the police followed proper protocol. Occasionally, we will conduct “dosing experiments” to establish that a motorist’s blood alcohol content was not validly report when tested by the police.
In some cases, exposing the weakness of the prosecution’s case is not enough and expert testimony may be required. Mr. London and Mr. Indusi have employed experts in the area of medicine, forensic toxicology, accident reconstruction, and breath test technology to assist in the defense of various vehicular cases. In the right case, such testimony can be a valuable aid to mounting a successful defense and achieving a win for the client.
Often time an arrest occurs in the middle of the night and the motorist is brought to a local police station or hospital for testing and questioning. This is a critical time in a criminal case and will often guide much of the strategy once an arrest is made. Often times motorists are given various instructions by the police requiring decisions to be made which can have a great impact on driver licenses, and ultimately the criminal case. Mr. Indusi and Mr. London are available 24/7, 365 days a year for immediate phone consultations to assure you make the right decisions early on in the criminal case.
In cases where an arrest is not made right away, the local prosecutor may reach out to the motorist as part of an ongoing investigation. This is usually the case when an injury or death is suffered by another motorist, bicyclist or pedestrian. Often times, the instinct is to cooperate with the prosecutor especially if a person has nothing to hide. However, this, like the pre-arrest time is a critical point in a criminal investigation. Often people do not realize that prosecutors, no matter how good intentioned, are investigating with an “eye towards prosecution” and are not simply seeking to find out what happened. If you are contacted by a prosecutor or police investigator seeking information or to gain access to medical records, you need to contact a New York DWI attorney immediately to be sure your rights are protected.
In cases where a motorist has refused a chemical test, a separate civil proceeding is brought by the Department of Motor Vehicles in an effort to revoke the motorists license. This proceeding is typically scheduled within 15 days of the criminal court arraignment. Having competent and qualified representation at this hearing can have great impacts on the motorist’s license and the criminal case. In some counties, the motorist is not properly notified of such hearing and the absence of the motorist or an attorney can result in a default with a an imposed 1 year revocation penalty being imposed. Mr. Indusi has handled hundreds of refusal hearings at the DMV and has also brought appeals to the DMV Appeals Board and the local Supreme Court for review.
Like many other criminal cases, driving offenses often involve the suspension of a motorist’s driver license during the pendency of the criminal case or as a potential sentence based on a plea of guilty or a conviction. In some cases, these suspensions can be avoided or reduced significantly to minimize the impact and consequence to the motorist. Mr. Indusi has successfully challenged suspensions at all stages of a criminal case to be sure a license suspension is only imposed when properly authorized by law.
In cases where a vehicle, a home, or property such as cash is involved in a criminal matter, prosecutors and the police will try to forfeit or take those assets to benefit other investigations and policing efforts. These forfeitures can be temporary or permanent depending on the intent of the forfeiting agency. In all cases where property is withheld by another, timely and informed legal action is necessary in order to protect the owner’s rights. This is the case whether the property is under a lease, financing, mortgage or the property belongs to another person. Long Island DWI lawyer Mr. Indusi has handled all types of forfeiture actions in state, federal, and local courts and agencies.
Mr. Indusi spent time before law school studying and providing mental health counseling in the Alcohol and Substance Abuse fields. At that time, Mr. Indusi was a licensed alcohol and substance abuse counselor trainee (CASAC-T) working under the supervision of a licensed clinical social worker trained to diagnose mental health issues and alcohol/substance abuse and dependency. As a result of this training and experience, Mr. Indusi is able to assess whether a client may benefit from the many treatment alternatives available to those accused of drug and alcohol offenses. Additionally, London Indusi LLP is able to identify the treatment providers that have provided reputable, honest and fair treatment of clients.