DRIVING WHILE INTOXICATED IN NEW YORK AND SERIOUS PHYSICAL INJURY OR DEATH
In New York, if you cause serious physical injury or death while committing Driving While Ability Impaired [VTL 1192(1)]; Driving While Intoxicated [VTL 1192(3) & (3)]; Aggravated Driving While Intoxicated [VTL 1192(2-a)]; Driving While Ability Impaired by Drugs [VTL 1192(4)]; or Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug of Drugs [VTL 1192(4-a)], you could be facing very serious felony charges. The attorney you choose must be experienced and knowledgeable in DWI defense because the "trigger" or "predicate" for a more serious felony charge is the particular, or what is referred to as the "underlying" DWI or DWAI charge. If you beat the DWI, you generally will beat the more serious charge.
TYPES OF FELONY CHARGES
If you cause serious physical injury or death, depending on what the underlying DWI or DWAI charge is, you could be charged with one or more of the following: Vehicular Assault in the First Degree [PL 120.04]; Vehicular Assault Vehicular Assault in the Second Degree [PL 120.03]; Aggravated Vehicular Assault [PL 120.04-a]; Assault in the First Degree [PL 120.10(4)]; Criminally Negligent Homicide [PL 125.10]; Aggravated Criminally Negligent Homicide [PL 125.11]; Vehicular Manslaughter in the First Degree [PL 125.13]; Vehicular Manslaughter in the Second Degree [PL 125.15]; or Murder in the Second Degree [PL 125.25].
Contact Us Today! For a Free Consultation with One of Our Attorneys
Depending on the facts of your case, experienced defense counsel can employ several theories of defense. Defeating the underlying DWI or DWAI charge is one of the most complete defense theories. In almost all cases involving a serious physical injury or death, if the underlying DWI or DWAI falls, the more serious felony falls as well. Another area your attorney must investigate is whether victim suffered the injury alleged. Further, in most cases, even if you were Driving While Impaired or Intoxicated or Impaired by Drugs and someone suffered a serious physical injury or death, the prosecution must also prove that your intoxication or impairment was the cause of such serious physical injury or death.
DEFENSES
Therefore, in these types of cases, there are generally three theories of defense your attorney can pursue alone or in combination:
(1) The prosecution cannot prove, beyond a reasonable doubt that you were impaired, intoxicated or impaired by drugs beyond a reasonable doubt. In other words, the prosecution cannot prove beyond reasonable doubt that you were guilty of one or more of the "underlying" DWI or DWAI offenses listed above;
(2) In cases involving alleged physical injury or serious physical
injury, the prosecution cannot prove beyond a reasonable doubt that the victim suffered the requisite physical injury or serious physical injury; and/or
(3) The prosecution cannot prove beyond a reasonable doubt that your impairment, intoxication or impairment by drugs was the cause of the requisite physical injury, serious physical injury or death. For example, if the driver of another vehicle veered over the centerline and hit your car head-on resulting in his or her serious physical injury or death, the fact that you were impaired or intoxicated would not be the cause of the accident and how you were operating your vehicle would not have been the cause of the other driver's serious physical injuries or death. Or, if you, while impaired, intoxicated or impaired by drugs were lawfully stopped at a red-light and another vehicle slammed into the back of your vehicle causing serious physical injury or death to a backseat passenger in your car or to the other driver, clearly your impairment or intoxication did not cause you to operate your vehicle in a manner that caused the serious physical injury or death. Basically, the underlying premise of this theory of defense is presented to the jury as follows: "Ladies and gentlemen, even if you find that my client, Jack Daniels, was intoxicated; and even if you find that Mr. Jones suffered a serious physical injury, that serious physical injury was not caused by Mr. Daniel's intoxication or his operation of his vehicle. A finding of intoxication and serious physical injury does not automatically establish that Mr. Jones operated his vehicle in manner that caused the serious physical injury."
The attorney you choose might make the difference between a favorable outcome or a long prison term. These cases are complex and your lawyer must be experienced not just in criminal defense but he or she must have a thorough understanding of DWI defense specifically. With these types of cases, your attorney must understand not just the DWI laws, but the science and procedures associated with breathalyzers, blood testing, urine testing and field sobriety testing including but not limited to the Walk-And-Turn test; the One-Leg-Stand; and the Horizontal Gaze Nystagmus test.
If your DWAI, DWI or DWAI (drugs) involved a serious physical injury or death and you are facing one or more of the above listed vehicular assault, assault, criminally negligent homicide, vehicular manslaughter or murder charges, your freedom is in peril. You must accept this fact and understand that to give yourself the best possible chance of a favorable outcome or to minimize the punishment imposed; you must be prepared to vigorously defend yourself. You should, among other things, develop a general understanding of the law, the penalties, the forensic toxicology involved with a DWI prosecution and the definitions of serious physical injury, intoxication, impairment, and other relevant terms.
GET EXPERIENCED LEGAL REPRESENTATION
However, the most important thing you should do is thoroughly research which attorney you hire. When facing these types of charges, which attorney you choose might very well be the most important decision of your life. Now is not the time to price shop. That doesn't mean you should pay unreasonable fees and that doesn't mean that a high priced attorney is any better than a cheaper attorney. Nor does the fee you pay an attorney in a criminal case guarantee you a particular outcome. If you find several equally qualified attorneys than their respective fees might very well be the determining factor. However, to the extent you are financially able to do so; you should choose the attorney you feel is best qualified to represent you in your particular case.
You must also understand that no matter what your attorney charges you; no matter how much you pay in legal fees, expert fees, jury consultants etc., there is a very real chance you can be convicted. Your lawyer might know the law and the rules of evidence better than the judge; field sobriety testing better than the police officer; your lawyer might have more experience that the prosecutor; might be more likable in the eyes of the jury; might be an excellent trial attorney who conducts withering cross-examinations - but, if you drove your car through front door of the mayor's house while intoxicated resulting in serious physical injury or death, you have a problem. In cases like that however, you attorney's ability to negotiate with the prosecution can, at times, gain you a plea bargain which minimizes the punishment, including the length of any incarceration period.
EXPERIENCED HOMICIDE ATTORNEY
Attorneys Peter Tilem and John Campbell are experienced criminal defense attorneys that can offer you the defense you need when facing these types of charges. Together they have taken defending Driving While Intoxicated and Driving While Ability Impaired by Drugs to a higher level. Mr. Tilem was formerly an Assistant District Attorney with the New York County (Manhattan) District Attorney's Office having spent ten years there. While there he prosecuted over one-thousand cases, including approximately one hundred DWI cases. Mr. Tilem was lead trial counsel on more than fifty cases thus giving him criminal trial experienced matched by few. As explained above, if your case involves a fatality, you could be facing criminally negligent homicide, vehicular manslaughter or even a murder charge. In that regard, Mr. Tilem spent part of his ten years in the District Attorney's Office as a homicide prosecutor thus giving him a unique understanding of criminally negligent homicide, manslaughter and murder prosecutions matched by few. Since leaving the District Attorney's Office in 2001 and entering private practice, Mr. Tilem has represented thousands of individuals.
EXPERIENCED DWI TRIAL COUNSEL
Attorney John Campbell is an experienced criminal defense attorney. He has represented thousands of individuals in his career and has handled approximately one-hundred DWI cases. Mr. Campbell is respected amongst many of his peers as a competent and knowledgeable DWI defense attorney and in fact, other defense attorneys have retained Mr. Campbell on an "Of-Counsel" basis to try their DWI cases. If your case winds up going to trial, Mr. Campbell is an experienced trial attorney having tried both felony and misdemeanor cases.
Mr. Campbell has dedicated himself to mastering the laws, procedures, health regulations and forensic toxicology associated with DWI defense and has utilized his broad knowledge of those subjects to defend those charged with DWI and related charges. In addition to reviewing relevant treatises, publications and handbooks, Mr. Campbell is certified by Blackwater Worldwide (currently known as Xe Services LLC) in Driving Under the Influence Detection and Field Sobriety Testing and he has successfully completed the National Association of Criminal Defense Lawyers DUI Defense Seminar which was sponsored in part by the National College for DUI Defense. Further, Mr. Campbell is certified by NIK Public Safety in Narcotics Field Testing. These certifications and classes have armed Mr. Campbell with an understanding of what the police are trained to look for, the correct way to instruct, demonstrate and score field sobriety tests as well as breath, blood and urine testing not many attorneys have. Mr. Campbell's experience, training, certifications and study have proved invaluable when cross-examining the arresting officer, the breath test operator and the state's forensic toxicologist.
When speaking with and interviewing attorneys to defend you, your child, your spouse, your loved one, your mother, your father or close friend against charges involving Driving While Intoxicated or Driving While Ability Impaired by Drugs involving serious physical injury or death, ask yourself if the lawyers you speak with can offer the same level of experience, knowledge, certifications, trial experience, respect amongst their peers and dedication that Peter Tilem and John Campbell can offer.
When you or your loved one is facing serious felony charges stemming from a DWI involving serious physical injury or death; when your freedom is at risk; when you are facing the possibility of spending years in state prison, ask the lawyer you are considering if they have handled thousands of cases, ask them how many DWI cases they have handled; ask them if they are a former homicide prosecutor; if they have extensive trial experience; if they are certified in DUI Detection and/or Field Sobriety testing; if they have taken the time to attend seminars and classes in the field of DWI defense so that they may better defend those charged with DWI. Ask them to show you what publications they review to stay abreast of the latest developments and strategies in the field of DWI defense. Mr. Tilem and Mr. Campbell encourage you to search out and speak with other attorneys before or after you speak with us. When doing so ask yourself who will be more dedicated and capable of defending you and your freedom?
Please understand we do guarantee a favorable outcome or a particular outcome. What we do guarantee is that your defense will received a one hundred percent guaranteed effort by competent, knowledgeable, passionate and experienced defense attorneys. For more information, contact Tilem & Campbell toll free at 1-888-DWI-COUNSEL (1-888-394-2686)
TYPES OF FELONY CHARGES
If you cause serious physical injury or death, depending on what the underlying DWI or DWAI charge is, you could be charged with one or more of the following: Vehicular Assault in the First Degree [PL 120.04]; Vehicular Assault Vehicular Assault in the Second Degree [PL 120.03]; Aggravated Vehicular Assault [PL 120.04-a]; Assault in the First Degree [PL 120.10(4)]; Criminally Negligent Homicide [PL 125.10]; Aggravated Criminally Negligent Homicide [PL 125.11]; Vehicular Manslaughter in the First Degree [PL 125.13]; Vehicular Manslaughter in the Second Degree [PL 125.15]; or Murder in the Second Degree [PL 125.25].
Contact Us Today! For a Free Consultation with One of Our Attorneys
Depending on the facts of your case, experienced defense counsel can employ several theories of defense. Defeating the underlying DWI or DWAI charge is one of the most complete defense theories. In almost all cases involving a serious physical injury or death, if the underlying DWI or DWAI falls, the more serious felony falls as well. Another area your attorney must investigate is whether victim suffered the injury alleged. Further, in most cases, even if you were Driving While Impaired or Intoxicated or Impaired by Drugs and someone suffered a serious physical injury or death, the prosecution must also prove that your intoxication or impairment was the cause of such serious physical injury or death.
DEFENSES
Therefore, in these types of cases, there are generally three theories of defense your attorney can pursue alone or in combination:
(1) The prosecution cannot prove, beyond a reasonable doubt that you were impaired, intoxicated or impaired by drugs beyond a reasonable doubt. In other words, the prosecution cannot prove beyond reasonable doubt that you were guilty of one or more of the "underlying" DWI or DWAI offenses listed above;
(2) In cases involving alleged physical injury or serious physical
injury, the prosecution cannot prove beyond a reasonable doubt that the victim suffered the requisite physical injury or serious physical injury; and/or
(3) The prosecution cannot prove beyond a reasonable doubt that your impairment, intoxication or impairment by drugs was the cause of the requisite physical injury, serious physical injury or death. For example, if the driver of another vehicle veered over the centerline and hit your car head-on resulting in his or her serious physical injury or death, the fact that you were impaired or intoxicated would not be the cause of the accident and how you were operating your vehicle would not have been the cause of the other driver's serious physical injuries or death. Or, if you, while impaired, intoxicated or impaired by drugs were lawfully stopped at a red-light and another vehicle slammed into the back of your vehicle causing serious physical injury or death to a backseat passenger in your car or to the other driver, clearly your impairment or intoxication did not cause you to operate your vehicle in a manner that caused the serious physical injury or death. Basically, the underlying premise of this theory of defense is presented to the jury as follows: "Ladies and gentlemen, even if you find that my client, Jack Daniels, was intoxicated; and even if you find that Mr. Jones suffered a serious physical injury, that serious physical injury was not caused by Mr. Daniel's intoxication or his operation of his vehicle. A finding of intoxication and serious physical injury does not automatically establish that Mr. Jones operated his vehicle in manner that caused the serious physical injury."
The attorney you choose might make the difference between a favorable outcome or a long prison term. These cases are complex and your lawyer must be experienced not just in criminal defense but he or she must have a thorough understanding of DWI defense specifically. With these types of cases, your attorney must understand not just the DWI laws, but the science and procedures associated with breathalyzers, blood testing, urine testing and field sobriety testing including but not limited to the Walk-And-Turn test; the One-Leg-Stand; and the Horizontal Gaze Nystagmus test.
If your DWAI, DWI or DWAI (drugs) involved a serious physical injury or death and you are facing one or more of the above listed vehicular assault, assault, criminally negligent homicide, vehicular manslaughter or murder charges, your freedom is in peril. You must accept this fact and understand that to give yourself the best possible chance of a favorable outcome or to minimize the punishment imposed; you must be prepared to vigorously defend yourself. You should, among other things, develop a general understanding of the law, the penalties, the forensic toxicology involved with a DWI prosecution and the definitions of serious physical injury, intoxication, impairment, and other relevant terms.
GET EXPERIENCED LEGAL REPRESENTATION
However, the most important thing you should do is thoroughly research which attorney you hire. When facing these types of charges, which attorney you choose might very well be the most important decision of your life. Now is not the time to price shop. That doesn't mean you should pay unreasonable fees and that doesn't mean that a high priced attorney is any better than a cheaper attorney. Nor does the fee you pay an attorney in a criminal case guarantee you a particular outcome. If you find several equally qualified attorneys than their respective fees might very well be the determining factor. However, to the extent you are financially able to do so; you should choose the attorney you feel is best qualified to represent you in your particular case.
You must also understand that no matter what your attorney charges you; no matter how much you pay in legal fees, expert fees, jury consultants etc., there is a very real chance you can be convicted. Your lawyer might know the law and the rules of evidence better than the judge; field sobriety testing better than the police officer; your lawyer might have more experience that the prosecutor; might be more likable in the eyes of the jury; might be an excellent trial attorney who conducts withering cross-examinations - but, if you drove your car through front door of the mayor's house while intoxicated resulting in serious physical injury or death, you have a problem. In cases like that however, you attorney's ability to negotiate with the prosecution can, at times, gain you a plea bargain which minimizes the punishment, including the length of any incarceration period.
EXPERIENCED HOMICIDE ATTORNEY
Attorneys Peter Tilem and John Campbell are experienced criminal defense attorneys that can offer you the defense you need when facing these types of charges. Together they have taken defending Driving While Intoxicated and Driving While Ability Impaired by Drugs to a higher level. Mr. Tilem was formerly an Assistant District Attorney with the New York County (Manhattan) District Attorney's Office having spent ten years there. While there he prosecuted over one-thousand cases, including approximately one hundred DWI cases. Mr. Tilem was lead trial counsel on more than fifty cases thus giving him criminal trial experienced matched by few. As explained above, if your case involves a fatality, you could be facing criminally negligent homicide, vehicular manslaughter or even a murder charge. In that regard, Mr. Tilem spent part of his ten years in the District Attorney's Office as a homicide prosecutor thus giving him a unique understanding of criminally negligent homicide, manslaughter and murder prosecutions matched by few. Since leaving the District Attorney's Office in 2001 and entering private practice, Mr. Tilem has represented thousands of individuals.
EXPERIENCED DWI TRIAL COUNSEL
Attorney John Campbell is an experienced criminal defense attorney. He has represented thousands of individuals in his career and has handled approximately one-hundred DWI cases. Mr. Campbell is respected amongst many of his peers as a competent and knowledgeable DWI defense attorney and in fact, other defense attorneys have retained Mr. Campbell on an "Of-Counsel" basis to try their DWI cases. If your case winds up going to trial, Mr. Campbell is an experienced trial attorney having tried both felony and misdemeanor cases.
Mr. Campbell has dedicated himself to mastering the laws, procedures, health regulations and forensic toxicology associated with DWI defense and has utilized his broad knowledge of those subjects to defend those charged with DWI and related charges. In addition to reviewing relevant treatises, publications and handbooks, Mr. Campbell is certified by Blackwater Worldwide (currently known as Xe Services LLC) in Driving Under the Influence Detection and Field Sobriety Testing and he has successfully completed the National Association of Criminal Defense Lawyers DUI Defense Seminar which was sponsored in part by the National College for DUI Defense. Further, Mr. Campbell is certified by NIK Public Safety in Narcotics Field Testing. These certifications and classes have armed Mr. Campbell with an understanding of what the police are trained to look for, the correct way to instruct, demonstrate and score field sobriety tests as well as breath, blood and urine testing not many attorneys have. Mr. Campbell's experience, training, certifications and study have proved invaluable when cross-examining the arresting officer, the breath test operator and the state's forensic toxicologist.
When speaking with and interviewing attorneys to defend you, your child, your spouse, your loved one, your mother, your father or close friend against charges involving Driving While Intoxicated or Driving While Ability Impaired by Drugs involving serious physical injury or death, ask yourself if the lawyers you speak with can offer the same level of experience, knowledge, certifications, trial experience, respect amongst their peers and dedication that Peter Tilem and John Campbell can offer.
When you or your loved one is facing serious felony charges stemming from a DWI involving serious physical injury or death; when your freedom is at risk; when you are facing the possibility of spending years in state prison, ask the lawyer you are considering if they have handled thousands of cases, ask them how many DWI cases they have handled; ask them if they are a former homicide prosecutor; if they have extensive trial experience; if they are certified in DUI Detection and/or Field Sobriety testing; if they have taken the time to attend seminars and classes in the field of DWI defense so that they may better defend those charged with DWI. Ask them to show you what publications they review to stay abreast of the latest developments and strategies in the field of DWI defense. Mr. Tilem and Mr. Campbell encourage you to search out and speak with other attorneys before or after you speak with us. When doing so ask yourself who will be more dedicated and capable of defending you and your freedom?
Please understand we do guarantee a favorable outcome or a particular outcome. What we do guarantee is that your defense will received a one hundred percent guaranteed effort by competent, knowledgeable, passionate and experienced defense attorneys. For more information, contact Tilem & Campbell toll free at 1-888-DWI-COUNSEL (1-888-394-2686)