Passalacqua & Associates

What Are a Pedestrian’s Rights?

In or near the Syracuse area, if you are injured by a negligent driver while you’re a pedestrian, you must obtain medical assistance at once. After you’ve been treated by a medical professional, arrange to speak about your rights and options with a Syracuse pedestrian accident attorney.

In this state, pedestrians who are injured by negligent drivers are entitled under the law to recover the compensation they need for their medical costs, lost wages, pain, personal suffering, and their other injury-and-accident-related damages and losses.

What makes being a pedestrian so dangerous? If you’re injured as a pedestrian, what will you need to do to recover compensation for your injuries? Keep reading this short discussion of pedestrian injuries and your legal rights for the answers to these questions.

What Do the Statistics Tell Us?

Pedestrians account for seventeen percent of all motor vehicle accident fatalities. Over seven thousand pedestrians were killed in the United States in accidents involving motor vehicles in 2021, an increase of thirteen percent over 2020. Thousands more were seriously injured.

According to the New York Department of Health, approximately 300 pedestrians are killed and approximately 15,000 are injured by motor vehicles on New York’s streets and highways every year, and over 3,000 pedestrian accident victims are admitted to hospitals in New York each year.

Pedestrians, of course, usually wear no personal safety gear, and they do not expect to be injured. When a negligent motorist drives into a pedestrian, if the pedestrian survives, he or she may suffer back, neck, and head injuries, broken bones, abrasions, and other serious injuries.

What Does the Law Provide?

Generally speaking, drivers in this state must yield to pedestrians, but pedestrians are also obligated to adhere to the rules. New York is a comparative negligence state, which means that a pedestrian injury victim may be assigned a percentage of the liability for a pedestrian accident.

New York is also a no-fault state for automobile insurance. New York drivers are required to carry automobile insurance that includes a personal injury protection (PIP) policy with at least $50,000 of coverage.

How Are Pedestrian Accident Victims Compensated?

If you’re injured as a pedestrian, and you have personal injury protection coverage, the first step toward recovering compensation, after you’ve been treated for your injuries, is filing a claim against your own PIP policy.

Only victims whose injuries surpass the $50,000 policy limit, who meet the state’s serious injury definition, or who aren’t covered by a PIP insurance policy as a driver or the household member of a driver may initiate the personal injury process and bring a claim against a negligent driver.

“Serious” injuries in this context are defined by the law in New York as death, dismemberment, fracture, significant disfigurement, the loss of a fetus, or the permanent loss of the use (or the significant limitation) of a body organ, member, system, or function.

To bring a personal injury claim against a negligent driver after a pedestrian accident in this state, you will need to contact a Syracuse pedestrian accident lawyer as quickly as possible.

Take These Steps After a Pedestrian Accident

If you bring a personal injury claim against a negligent motorist after a pedestrian accident, that motorist may insist that you were the one who was negligent.

No lawyer will be at the site of the accident to advise you, so take these steps to compile evidence and protect yourself legally:

1.  Obtain medical attention at once. That is the paramount priority.
2.  Then, as quickly as possible, call the local police.
3.  Try to get names and personal contact details from any eyewitnesses.
4.  If you can, take photos of the location, the vehicle, and your visible injuries.
5.  Until you can consult an attorney, make no statements and sign no insurance documents.

If You Bring a Personal Injury Claim

In the State of New York, to prove that a driver was negligent in a personal injury case based on a pedestrian accident, the injury victim (or “plaintiff”) and his or her personal injury attorney must offer evidence which demonstrates that the allegedly at-fault driver (or “defendant”):

1.  owed the plaintiff a “duty of care”
2.  breached that duty by acting negligently (or by negligently failing to act)
3.  caused the accident and the plaintiff’s injury because of the negligence

Will Your Pedestrian Accident Claim Go to Trial?

Personal injury claims in this state are typically settled out-of-court when the lawyers for each side meet in private negotiations. However, if the liability for the accident is in dispute, or if no reasonable settlement offer is forthcoming, your attorney will take the case to trial.

If your case goes to trial, your Syracuse pedestrian accident attorney will tell the jury:

1.  how you were injured
2.  how extensive your injuries are
3.  why the jurors should find in your favor and order the payment of your compensation

Are Pedestrian Accidents Avoidable?

When you’re walking beside a roadway, on a sidewalk, or crossing a street, take some basic safety precautions. Do not become distracted. When it’s possible, cross at crosswalks and walk on sidewalks. Never jaywalk. Bring a flashlight after dark, and wear bright-colored clothing.

Drivers can help by avoiding the distractions caused by audio and GPS systems, children, and pets. Never eat, read, groom, or consume alcohol or drugs while you’re driving. Regularly check your tires, brakes, wipers, and lights, and always obey New York’s traffic laws.

How Do You Select the Right Pedestrian Accident Attorney?

If you have been injured by a negligent driver in New York, get the legal help you need. It’s your right, and if you’re an injured victim of negligence in this state, the law will be on your side.

Passalacqua & Associates represents the victims of pedestrian accidents in Syracuse, Utica, and throughout New York. Your first consultation with a Syracuse pedestrian accident lawyer at Passalacqua & Associates is offered without cost or obligation.

If you’re injured by a negligent driver in a pedestrian accident or any other accident, the award-winning team at Passalacqua & Associates will fight for the compensation you are entitled to by law and help you move ahead positively and constructively with your life.

If you have been injured in a pedestrian accident – or if you’re injured that way in the future – and you need to file a personal injury claim, promptly contact Passalacqua & Associates at 315-500-6425 to find out more or to schedule a consultation and start the personal injury process.

What Are Your Rights After a Car Accident?

In the Syracuse area, if you are injured in a traffic accident because another motorist was negligent, seek medical attention at once, and then, as soon as possible, arrange a meeting to discuss your legal options and rights with a Syracuse car accident attorney.

How does auto insurance work in New York? If you have been injured in an accident that was not your fault, how much compensation can you recover? What steps will you need to take? When should you reach out for the advice and services of a Syracuse traffic accident lawyer?

Several hundred thousand traffic accidents are reported every year in New York. It can happen to anyone. If you will continue to read this brief discussion of traffic accidents and your rights in this state, you will find the answers that every driver in the State of New York needs to know.

How Does Auto Insurance Work in New York?

New York is a no-fault auto insurance state, so policyholders are generally paid by their own insurance companies for damages, without regard to which driver is at-fault for an accident. Policyholders may be repaid for medical bills, car repairs, and other losses after an accident.

No-fault coverage in New York typically reimburses an accident victim up to $50,000 for medical treatment and care, up to 80 percent of that accident victim’s lost wages (capped at a $2,000 monthly maximum), and related losses such as transportation and child care costs.

However, if you are severely injured, the other driver was at-fault, and your medical costs exceed the limits of your no-fault coverage, you will need to bring a personal injury claim against that driver and his or her car insurance company with the help of a Syracuse traffic accident lawyer.

What Steps Should You Take After an Accident?

Immediately after an accident, call 911 for medical help (if anyone is injured) and for police assistance. Exchange contact and insurance details with the other driver or drivers. Take photos of the vehicles. If witnesses saw the crash, ask for their names and personal contact information.

After the accident, make and store copies of any medical bills, receipts, or other documents generated by the accident. When you file your claim with your auto insurance company, include copies of these documents, and store the originals securely.

If your claim is only for auto repairs, you probably will not need an attorney’s help, but if you sustained a personal injury, schedule a meeting with a Syracuse car accident attorney to discuss your rights, and ask that attorney to negotiate with the insurance company on your behalf.

How Do You Negotiate a Vehicle Damage Settlement?

In most cases, you can file a claim for vehicle damage without an attorney’s help, but be ready to negotiate with the insurance company. Decide what you believe is a reasonable settlement amount, and decide what is the lowest figure that you will accept.

Your auto insurance company’s first settlement offer may be unreasonably low, but some people accept these low offers. You should almost always reject a first offer. Send a letter to the company explaining that:

1.  The first settlement offer is unsatisfactory.
2.  Your documentation suggests that a more substantial settlement offer is called for.

What Should You Know About Claims Adjusters?

Don’t forget that the insurance company’s claims adjuster is not your friend and may be seeking to reduce the company’s costs. However, most auto insurance claims adjusters in New York are conscientious professionals who work hard to resolve claims honestly and quickly.

Your vehicle can be replaced. You can’t. While you can probably negotiate a vehicle damage claim smoothly and swiftly, an injury claim is much more serious. If you have been injured in a traffic crash, you should retain a personal injury attorney’s advice and services immediately.

What Can a Settlement Cover?

A New York personal injury attorney will determine how the traffic accident happened and how you were injured, speak with any witnesses, identify the party or parties with liability, and fight to recover the compensation that you are entitled to by law. You may recover compensation for:

1.  your current and projected future medical expenses
2.  your lost wages and projected future lost wages
3.  related costs such as transportation and child care
4.  personal pain, suffering, and mental anguish
5.  damage to your vehicle and any other damaged personal property

For some injury victims, “mental anguish” may include loss of the “enjoyment of life” and/or loss of consortium. When someone can no longer pursue hobbies, exercise, and other recreational activities, the victim may recover damages for loss of the enjoyment of life.

How Will Your Lawyer Help?

Personal injury lawyers in New York are experienced negotiators who understand how insurance companies operate and negotiate. After a serious injury, the right personal injury lawyer will know how to recover the settlement amount you need from an insurance company.

Your attorney will handle all inquiries from the insurance company and will negotiate on your behalf while you focus on recovering and healing. Claims based on serious injuries are usually resolved out-of-court when the attorneys for both sides meet privately to negotiate a settlement.

However, if your injury claim is denied or if liability for the accident is disputed, your personal injury case could go to trial. If that happens, your attorney will explain to a jury how (and how extensively) you were injured and will ask that jury to order the payment of your compensation.

How Can You Pick the Right Car Accident Lawyer?

Passalacqua & Associates helps the injured victims of negligence in Syracuse, Utica, and across the State of New York recover the compensation they need. Your first meeting with a New York personal injury lawyer at Passalacqua & Associates is provided with no cost and no obligation.

If you are injured in a car, truck, bus, motorcycle, or pedestrian accident, let the award-winning legal team at Passalacqua & Associates help you get back on track – and help you move confidently and positively into the future – after a serious traffic injury.

If you’ve been injured in a traffic accident – or if that happens to you in the future – as soon as you have been treated for your injuries, call the team at Passalacqua & Associates at 315-500-6425 to learn more, to schedule a free legal consultation, or to begin the personal injury process.

Do You Really Need to Hire an Attorney?

If you have been accused of a crime in the Syracuse area, whether that crime is a serious felony or a misdemeanor, you must be advised and represented by a Syracuse criminal defense lawyer. Only a criminal defense lawyer can represent you adequately and effectively.

If you’re charged with a crime, and you are hesitant about contacting a criminal defense attorney, you may have “bought into” one or several of the many misconceptions about criminal defense attorneys. Perhaps the five most common misconceptions about criminal defense attorneys are:

1. Anyone can defend you against a criminal charge.
2. Criminal defense attorneys are all the same.
3. Only the rich can afford a criminal defense attorney.
4. Criminal defense attorneys operate unethically and sometimes illegally.
5. You do not need an attorney if you are pleading guilty.

If you’ll keep reading, you will learn why these misconceptions are false and sometimes harmful, and you’ll learn why having the right Syracuse criminal defense attorney is imperative if you have been charged with a felony or a misdemeanor in or near the Syracuse area.

Misconception #1: Anyone Can Defend You

In all fifty states, but especially in the State of New York, the laws are far more difficult and far more complicated to understand than they were even ten years ago. Even if the charge against you is a misdemeanor, any errors that you make while defending yourself could send you to jail.

You cannot take the risk of defending yourself against a criminal charge, and you also should not rely on a public defender to represent you. Some public defenders may be skilled attorneys, but they are overburdened with enormous caseloads and have little time to devote to your own case.

A criminal defense lawyer will give your case the time and dedication it needs. A defense lawyer will scrutinize the evidence, question the witnesses, prepare an aggressive defense on your behalf, and if necessary, negotiate with the prosecution for an acceptable plea agreement.

Misconception #2: Defense Attorneys Are All the Same

Every criminal defense lawyer has his or her own unique skills, training, and experience. Some lawyers almost never lose a case. Others win some and lose some. The most important thing that you can do in your own defense is to select the best defense attorney available to you.

Ask your friends and loved ones for defense lawyer referrals and recommendations. Your time, your money, and your freedom are valuable, so make your decision carefully.

No defense attorney can guarantee or promise a result in any particular criminal case, but your best chance for winning justice is to select an attorney who has substantial courtroom experience, a record of success on behalf of his or her clients, and a reputation for tenacity and effectiveness.

Misconception #3: Only the Rich Can Afford a Good Lawyer

Too many people think that you must be wealthy in order to afford a good criminal defense attorney. However, the fee that a lawyer charges is not going to tell you whether a lawyer is effective.

Let’s say that a lawyer looks at your case and tells you the evidence against you is persuasive, you will be convicted, and you should take a plea bargain if it’s offered. Another attorney promises to win an acquittal on your behalf but charges twice as much as the first attorney.

Despite the cost, too many people charged with crimes would choose the second attorney. The first attorney may be giving you frank, practical legal advice for a reasonable fee, while the second attorney may or may not be selling you anything but an expensive fantasy.

And unlike many of our competitors, we offer a VARIETY of different financing options to work with you to try and get the fee handled in an affordable way that won’t cause you any financial headaches!

Misconception #4: Criminal Defense Attorneys Are Unethical

Movies and television shows like Better Call Saul can give you the impression that the practice of law is an unruly free-for-all and that the best criminal defense attorneys are the ones who break the most rules. Nothing could be further from the truth.

While a very few defense attorneys operate unethically and even sometimes illegally, the bar association in each state monitors every attorney’s actions, and defense attorneys who conduct themselves unethically or illegally are disciplined, or in the most egregious cases, disbarred.

Overwhelmingly, the vast majority of criminal defense attorneys understand that they are not above the law, and they will not act unethically or illegally to win a case. Their top priority is providing sound legal advice and representing their clients professionally and effectively.

Misconception #5: You Don’t Need a Lawyer if You Plead Guilty

This may be the most harmful misconception about criminal defense attorneys. To begin with, you should never plead guilty as charged at your first hearing (called the “arraignment” hearing). Pleading guilty at your arraignment ends your case with no option for a plea deal.

Even if you are, in fact, guilty as charged, it is important to have a defense attorney who will negotiate on your behalf. If you are offered a plea deal, and if you accept it, you will probably agree to plead guilty to a lesser charge, and in exchange, you will serve a reduced sentence.

In the Syracuse area, if you are charged with any crime, you should be advised and represented by a Syracuse criminal defense attorney who has substantial experience with plea and sentencing negotiations.

Don’t try to negotiate by yourself with a prosecutor. If the prosecution offers you a plea deal, discuss the details of that deal with your defense lawyer before you decide to accept or reject it. And of course, if you are innocent, you should plead not guilty and insist on a jury trial.

Why Should You Choose Passalacqua & Associates?

Your criminal defense attorney is your advocate who will explain to a judge and jury what actually happened and why you should be acquitted (or, if you’re guilty, why you should be shown leniency).

A Syracuse criminal defense lawyer at Passalacqua & Associates will provide you with a strong, aggressive defense whether you are charged with a misdemeanor or a felony.

We take the time to examine the evidence and prepare an effective defense on your behalf while protecting your legal rights and working toward the best possible conclusion to your case. We take a true team approach. You will never have any less than two (2) attorneys assigned to your case! We are one of the largest criminal defense firms in Central New York, let us put that size and power to work for you!

If you’ve been charged – or if you are charged in the future – with any crime in or near the Syracuse area, or if you need reliable advice regarding any matter of criminal law, call Passalacqua & Associates now at 315-500-6425.

What Can You Do About an Old Criminal Conviction?

If you’re charged with a criminal offense in Syracuse, Utica, or anywhere else in New York, you must have – as quickly as possible – the legal services and advice that a Syracuse criminal defense attorney provides.

How long do petty crimes remain on your record? If you were convicted of a crime in this state, and if you’ve completed your sentence, can that conviction be expunged or sealed? Which criminal records may be expunged or sealed in this state? What does that process entail?

If you will continue reading this brief discussion about criminal records in New York, these questions will be answered, but if you personally need to have a criminal record expunged or sealed, you should also contact a Syracuse criminal defense lawyer promptly.

How Do Convictions Affect Your Rights?

Millions of people in this nation have at least one prior criminal conviction. State and federal laws restrict and limit their rights – their voting, housing, and employment rights and their right to bear arms. In many jurisdictions, criminal convictions also affect someone’s driving privilege.

While some of the restrictions on some convicted offenders are simply good common sense – preventing convicted child abusers from working with minors, for example – other restrictions are entirely unrelated to any criminal offense or criminal conviction.

If you are consistently rejected for housing or employment, it may be because of a conviction. But since 2017, thousands in New York have been allowed to seal old convictions from landlords, employers, or anyone else who may be investigating a person’s background.

What is Expungement? What is Sealing?

Expunging a criminal record completely deletes and erases that record, entirely and forever. However, with only very narrow exceptions, New York does not expunge adult conviction records. New York “seals” records, and sealing a record is somewhat different from expunging it.

Sealing your conviction record prevents most people – most employers, for example – from seeing the record, although a sealed record may still be accessed by the FBI, New York police officials, or any agency that hires law enforcement officers or licenses gun owners.

Which Criminal Records May Be Sealed?

In the State of New York, with several important exceptions, the following criminal records may be sealed:

1.  juvenile conviction records
2.  arrest records
3.  adult conviction records

How Are Juvenile Records Sealed?

If someone under age 19 receives a criminal conviction in New York, a judge may designate that person as a “youthful offender.” Youthful offender status automatically seals a conviction. Employers, colleges, and universities do not have to be told about convictions that are sealed.

If you received a conviction for a criminal offense when you were younger than age 19, but you did not have the conviction record sealed at that time, a law signed by Governor Kathy Hochul in 2021 allows you to reapply to have that record sealed.

If you received a criminal conviction in this state as a youth, and if your conviction was not sealed, ask a Syracuse criminal defense attorney to explain and to guide you through the steps you will have to take to seal that conviction.

How Are Adult Records Sealed?

Except for some possession of marijuana cases, the record of an adult’s criminal conviction can’t be expunged in this state, but adult criminal convictions may be sealed, with these exceptions:

1.  convictions for Class A felonies
2.  convictions for crimes of violence (as defined by New York law)
3.  convictions for most sex crimes

To seal a New York conviction record, you must meet the following requirements:

1.  At least ten years have elapsed since your sentencing or release (whichever was later).
2.  You have no subsequent arrests, convictions, or charges pending.
3.  You have two or fewer convictions and not more than a single felony conviction.
4.  You have not sealed the maximum number of records you are permitted to seal.

What Does the Sealing Process Entail?

To seal the record of a conviction in this state, ask a Syracuse defense attorney to submit your request to the court that convicted you. The prosecutor’s office in that jurisdiction has the right to challenge your request.

When the court receives your petition to seal your conviction record, the prosecutor’s office must notify the court within 45 days if it intends to file a challenge. If a challenge is filed, the court will schedule a hearing.

When that hearing is conducted, your defense attorney will demonstrate to the court why your conviction record should be sealed. If the prosecutor declines to challenge your request, a judge makes the ultimate decision to have your conviction record sealed or to keep it unsealed.

A Syracuse criminal defense lawyer can explain the sealing process to you, file the necessary documents with the court, and if necessary, argue before a judge on your behalf.

What Does Sealing a Conviction Accomplish?

If the judge approves your petition and seals your conviction, evidence from your case – arrest photos, DNA samples, or fingerprints, for example – will be destroyed.

No one may have access to a conviction record that has been sealed except these parties:

1.  anyone you personally designate
2.  a prospective employer if you apply for a job that requires you to carry a firearm
3.  your probation officer if you are arrested while you are on probation
4.  a prosecutor or police officer who has a court order if you are arrested on a new charge

If Your Record Cannot Be Sealed

How can you deal with an old conviction for a petty crime if you don’t meet the qualifications for sealing the record? If you have more than two convictions but only one conviction for a felony, your attorney can help you request a Certificate of Relief from Disabilities.

This document removes some of the barriers to jobs like nursing, real estate broker, or security guard. If you have more than one felony conviction, you can request a Certificate of Good Conduct, which removes some barriers to public service jobs such as firefighter or notary public.

Be sure to discuss all of your legal options and alternatives with your attorney. Thousands of New Yorkers have sealed old convictions and have moved forward positively with their lives.

If you find yourself rejected for housing or employment because of an old conviction, contact a Syracuse defense attorney who will provide the advice and legal services you need.

Most drivers in New York know that a driving while intoxicated (DWI) conviction can very negatively and drastically affect your life. Should you be charged with driving while intoxicated in the greater Syracuse area, contact a Syracuse DWI attorney as quickly as possible.

Intoxicated drivers in the United States are the cause of more than 17,000 deaths every year, including the 307 people who lost their lives on New York’s streets and highways in alcohol-related traffic crashes in 2019 and 349 people in 2020.

In fact, about 27 percent of all traffic accident fatalities in New York State are alcohol-related. Thus, it comes as no surprise that police agencies in New York aggressively enforce the law against driving while intoxicated.

When Can You Be Arrested for DWI?

If a police officer in this state believes that you are “operating a motor vehicle” while intoxicated and that you pose a threat to others or yourself, you may be arrested, charged, and convicted for driving while intoxicated. A DWI conviction could ruin your life for many years into the future.

But how is “operating a motor vehicle” defined by the law? If a police officer finds you asleep in a vehicle, can that officer arrest you for driving while intoxicated? When should you contact a Syracuse DWI lawyer? Keep reading to learn these answers and more. You may be surprised.

Can You Be Charged With DWI if You’re Not Driving?

You can be arrested and charged with driving while intoxicated in New York even if you are not driving a car or truck or if you are not driving at all. You can be charged with DWI if you are intoxicated while operating a golf cart, a riding lawnmower, or even an electric wheelchair.

And although it is called “driving” while intoxicated, a law enforcement officer who doesn’t see you driving may still arrest you for driving while intoxicated. Here is an example: You have a beer after work with some friends. You have car trouble on your way home, so you pull over.

If a police officer stops and smells beer on your breath, he or she may suspect you’ve been driving while intoxicated, even though that police officer never actually saw you behind the wheel.

The officer may ask you to submit to a breathalyzer test or field sobriety exam. If you appear to be impaired, or should the breathalyzer exam indicate that you’re too intoxicated to drive, you will probably be arrested for DWI.

What if You’re Asleep?

In New York, a driver can be charged for driving while intoxicated if that driver is “sleeping it off” in his or her vehicle. Even if you are not “operating” the vehicle, if you’re intoxicated in the driver’s seat, a police officer can take you into custody.

However, if you are sleeping in your back seat, your keys are not in the ignition, and the engine is off, you probably will not be placed under arrest. To determine a suspect’s intent, a law enforcement officer (or later, the court) will consider these questions:

1.  Was the intoxicated individual in the driver’s seat or the back seat?
2.  Was the vehicle’s engine off or on? Was the engine warm?
3.  Where were the vehicle’s keys?
4.  Was the vehicle operational or broken down?
5.  Where was the vehicle parked?

How Do You Prevent a DWI Arrest?

Sleeping it off in your car or truck isn’t the smartest way to prevent intoxicated driving or being arrested for driving while intoxicated. A better idea is hiring a taxi, a limo, a ridesharing service like Uber or Lyft, or calling a friend.

Nevertheless, should you decide to nap in your car or truck to “sleep it off,” put the keys away from the ignition and away from yourself – in the glove box or under a seat, for instance.

Do not fall asleep in the driver’s seat. Sleep in back after making certain that your vehicle is legally parked, away from traffic.

What’s Required for a DWI Conviction?

Drivers in the Syracuse area have been charged with driving while intoxicated after law enforcement officers have discovered them asleep in a highway rest area, on the side of a road, or in a parking lot.

However, to win a conviction against you for driving while intoxicated, a New York prosecutor must prove that you were in fact driving while you were impaired by alcohol (and/or drugs) before the police officer encountered you, and that proof must be “beyond a reasonable doubt.”

Do You Genuinely Need an Attorney for a DWI Charge?

Too many New Yorkers plead guilty to driving while intoxicated and accept the consequences, but a driving while intoxicated conviction can often be avoided. Do not enter a guilty plea at your DWI arraignment hearing, and do not decide to act as your own defense lawyer, either.

Your freedom and your future will be at stake. Pleading guilty and accepting the consequences may seem like an expedient way to handle a driving while intoxicated charge, but a conviction for driving while intoxicated will impact you negatively, in a number of ways, for years to come.

Should you accept a plea deal? First-time offenders – if they did not injure anyone or damage property – are typically allowed to plead guilty to a lesser charge, driving while ability impaired (DWAI). Your DWI lawyer will recommend either accepting or rejecting any plea bargain offer.

How Will an Attorney Help You?

If your blood alcohol concentration (BAC) level measured at or above 0.08 percent at the time of your arrest, you may be charged with DWI. If your BAC level measured at or above 0.18 percent, you may be charged with aggravated DWI, which entails even harsher penalties.

And even a first driving while intoxicated conviction may be penalized with a jail sentence and a costly fine. A Syracuse DWI attorney will review the charge against you, the breathalyzer test results, and any statements from the arresting officer or other witnesses.

Your DWI defense attorney will find any weaknesses in the state’s case and may dispute the evidence presented against you. But whether it’s your first offense or you’ve been charged with DWI in the past, you’ll need the advice and defense representation that a Syracuse DWI lawyer provides, and you will need that help as quickly as possible after a DWI arrest.

If you’re charged with driving while intoxicated (DWI) or with any other offense related to alcohol and driving in or near the Syracuse area, you will need the personalized legal advice and the aggressive defense representation that a Syracuse DWI attorney can offer you.

What are your rights if you’re charged with driving while intoxicated in or near the Syracuse area? What are your legal options as a DWI defendant? What are the penalties for DWI convictions? And when should you contact a Syracuse DWI lawyer?

If you’ll keep reading this brief discussion of New York’s DWI laws and your rights, these questions will be answered, but if you currently have a DWI case pending – or if you’re charged with DWI in the future – you will also need to consult a DWI attorney as swiftly as possible.

What Penalties May Be Imposed for “Standard” DWI Convictions?

In this state, driving while intoxicated happens when anyone under the influence of alcohol or drugs drives a motor vehicle. You may be charged with “standard” DWI if you drive after drinking and your blood alcohol content (BAC) level measures at or above 0.08 percent.

For a first DWI conviction, the penalties may include a six-month license suspension, a fine, and the possibility of time in jail. A subsequent standard DWI conviction within ten years of the first may be penalized with a costly fine, several years in prison, and a lengthy license revocation.

The 0.08 percent BAC limit applies to most adult motorists who are 21 and older, but for younger drivers, the limit is 0.02 percent. The 0.02 percent legal limit also applies to drivers in New York who carry a commercial driver’s license (CDL).

How Does New York Define “Aggravated” DWI?

Driving with an excessively high BAC level – at or above 0.18 percent – can trigger a charge of “aggravated” driving while intoxicated. A first conviction for aggravated DWI may be penalized with a fine and/or time in jail and with a license revocation lasting at least one year.

A subsequent conviction for aggravated DWI within ten years of a previous conviction may be penalized with an expensive fine, an 18-month driver’s license revocation, and the possibility of several years in prison.

What is “DWAI” in New York? What Are the Penalties?

DWAI stands for “driving while ability impaired,” and there are two DWAI charges in this state:

Driving while ability impaired by alcohol is the charge when a motorist’s blood alcohol content level measures from 0.05 percent to 0.07 percent. DWAI by alcohol is an infraction in New York and not a criminal offense.

Driving while ability impaired by drugs is a criminal offense with severe penalties upon conviction.

A first conviction for DWAI by alcohol may be penalized with time in jail – no more than fifteen days – a fine, a mandatory “surcharge,” and an automatic license suspension for ninety days.

To win a conviction for DWAI, a prosecutor must prove beyond a reasonable doubt that the driver was unable to drive safely even with a BAC level below the legal limit. If you are facing a DWAI charge, promptly schedule a legal consultation with a Syracuse DWI attorney.

When is DWI a Felony?

Most DWI charges are misdemeanors, but some circumstances can raise a driving while intoxicated charge to the felony level. For example, if a minor was with you when you were stopped by the police for suspicion of driving while intoxicated, you will face a felony charge.

If you are convicted of felony DWI, any subsequent driving while intoxicated charge within the next ten years will also be charged as a felony.

And whether the charge was a felony or a misdemeanor, any DWI conviction will entail extra-legal penalties that you will not face, for example, if you are offered a plea bargain and you plead guilty to DWAI.

What Are the Extra-Legal Consequences of a Conviction for DWI?

A conviction for driving while intoxicated increases your car insurance rates. If you are a professional driver, you may have to seek other employment, and that can be difficult with a recent DWI conviction.

If you are a professional in this state, a conviction for DWI may prompt disciplinary action by your professional licensing board. If you are not a U.S. citizen, a driving while intoxicated conviction – especially if it’s a felony conviction – may trigger a deportation proceeding.

Why is a Guilty Plea a Bad Idea in DWI Cases?

Don’t plead guilty to DWI, aggravated DWI, or DWAI, and do not try to represent yourself either. There will be too much at risk. Pleading guilty seems like the expedient way to handle these charges, but a DWI conviction will impact your life negatively for years into the future.

If you face a misdemeanor DWI charge, will you be offered a plea bargain? Many first-time DWI offenders are allowed to plead guilty to DWAI. A Syracuse DWI lawyer who negotiates plea deals on a regular basis will tell you if you should accept or reject a plea bargain offer.

Trials are risky. If you are innocent of DWI, as a general rule, you should not agree to any plea deal, and you should insist on your right to a jury trial. However, every case is different, so you should discuss all of your options with your lawyer and heed your lawyer’s advice.

What Else Should New York Drivers Know About DWI?

Even if the evidence against you is extensive and conclusive, and even if your conviction for driving while intoxicated is inevitable and unavoidable, a Syracuse DWI defense attorney can work on your behalf for reduced or alternative sentencing.

Of course, you’ll never have to face DWI-related legal trouble if you adhere to this fundamental advice which you’ve heard so many times – Don’t Drink and Drive. Call a taxicab, call Uber or Lyft, or call a relative or friend. Get a room for the night if you must. But do not drink and drive.

New York passed the first DWI law in the United States back in 1910. Since then, DWI laws in this and every other state have expanded and have become quite complicated. A DWI defendant must have legal counsel.

If you are charged with driving while intoxicated for any reason, you will need to contact a Syracuse DWI defense lawyer who will protect your legal rights, direct you through the justice process, and work to bring your DWI case to its best possible outcome.

New York lets family members, school administrators, and the police request court orders that compel gun owners to surrender their weapons. If you are the subject of an extreme risk protection order (ERPO), you must contact a Utica firearms attorney as quickly as possible.

If someone persuades a court in this state that you are likely to harm yourself or anyone else, New York’s “Red Flag” statute, enacted in 2019, allows the court to issue an ERPO that will prevent you from purchasing or possessing a firearm.

How does New York’s Red Flag law work? If you are the subject of an ERPO, what are your rights? What legal steps can you take to challenge an extreme risk protection order and retain your right to bear arms? When will you need to contact a Utica weapons attorney?

If you will keep reading this brief discussion of New York’s Red Flag law and your rights, you’ll find answers to these questions, but if you are named as a “respondent” in an ERPO, you must also contact a lawyer at once for personalized legal guidance and advice.

Who May Ask a Court to Issue an ERPO?

New York’s Red Flag law is intended to protect communities and individuals in this state from gun violence.

The following “petitioners” may ask a court to issue an extreme risk protection order:

a member of a respondent’s family, anyone who resides in the respondent’s household (or has resided there previously), and anyone who is now or has in the past been in an intimate relationship with the respondent

a school administrator or a designated employee at a school the respondent currently attends or attended within the previous six months

a police officer or a prosecutor in the county or city where the respondent resides

How Are ERPOs Issued by a Court?

A petitioner begins the process by asking a court to issue a temporary ERPO. A court may issue a temporary extreme risk protection order if the details included with the petitioner’s request provide probable cause to conclude that the person named as the respondent is likely to cause physical harm (to self or others).

Upon receiving a petitioner’s request, and whether or not a temporary extreme risk protection order is issued, the court will schedule a hearing to decide if a “final” ERPO should be issued. A respondent will be notified regarding the time and location of this hearing.

Whether or not you are named as the respondent in a temporary ERPO, if a hearing has been scheduled to decide if a final extreme risk protection order should be issued against you, you must be advised and represented at that hearing by a Utica firearms attorney who will advocate aggressively for your rights and on your behalf.

Is New York’s Red Flag Law Unconstitutional?

Does New York’s Red Flag law violate the U.S. Constitution? Sherry Levin Wallach, the president of the New York State Bar Association, has written that the law is “confusing, overly complex and riddled with loopholes that failed to allow for basic constitutional protections.”
The number of ERPOs requested by police officers surged in 2022 after a mass shooting on May 14th at a Buffalo supermarket in which ten people were killed.

Governor Kathy Hochul responded to that shooting on May 18th by expanding the scope of the Red Flag law with an executive order that requires the New York State Police to request ERPOs whenever they have probable cause to believe that someone may pose a threat (to self or others.)

However, many of these requests are being rejected by judges because the petitioners are unable to substantiate their claims.

Who Determines That Someone May Cause Harm?

Under the Red Flag law, the determination that someone is likely to cause “serious harm” does not have to be made by a licensed mental health professional. The claim may be made by anyone, including a lay person, without regard to that person’s prior training or experience.

Wallach writes that the law is “vague and constitutionally unsound” and that it violates the First, Second, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution as well as the New York State Constitution. So far, however, no formal challenges to the law have been successful.

How is the Seizure of Firearms Conducted?

If someone asks a court to issue a temporary extreme risk protection order that names you as the respondent, you may not learn of it until you are served with the order along with the details about the final ERPO hearing.

When the police serve you with an ERPO, they will seize any firearms:

1. that you surrender voluntarily
2. that are in plain sight
3. that are discovered while conducting a search

A judge may instruct the police to conduct a search that is in compliance with the legal rules for searches. Unless you transfer their legal ownership to another person, the police will provide you with a receipt for your guns and will hold your guns until they may be legally returned.

If You Are the Subject of an ERPO, What Are Your Rights?

You have the right to be accompanied at a final extreme risk protection order hearing by your Utica weapons attorney, to testify, and to present witnesses and evidence on your behalf.

If the judge issues a final extreme risk protection order, as long as that order remains in effect, you have the right to request another hearing to have the order lifted.

However, at that second hearing, you and your attorney must prove to the court, with strong and persuasive evidence, that there has been a considerable circumstantial change that justifies rescinding or revising the order.

Ask a lawyer who has experience with restraining order cases to prepare you for these hearings. Your lawyer will compile the evidence you need to challenge an ERPO, interrogate the petitioner and other witnesses, and protect your legal rights throughout the Red Flag law process.

What Else Should You Know About the Red Flag Law?

When an ERPO that was issued against you expires, you must complete an application in order to regain the possession of your firearms. The court will forward a copy of your request to the original ERPO petitioner and to any official who has issued you a gun permit.

If any of these parties oppose the return of your weapons, the court will schedule a hearing to consider their concerns, but in most cases, a court will return your firearms to you provided that another law does not prohibit you from owning or possessing firearms.

The Red Flag law is only one of a number of laws that regulate the possession and use of firearms in New York. If you are accused of violating any gun law in this state, it is a serious charge, and you will need to contact a Utica firearms lawyer as quickly as possible.

You must know first that any dog has the potential to bite under the right conditions. Even typically friendly dogs may bite you if they’re threatened, feeling ill, or taking care of their puppies, and you may be strange to them.

Fairly recently, specific organizations (including insurance companies) have studied how aggressive certain dog breeds are, and it’s a mixed bag. Most studies found that chihuahuas and Dachshunds were the most aggressive to other dogs and people.

However, being that they are usually small, the injuries they inflicted were less severe.
Also, Pit bull terriers were found to be overly aggressive to other dogs, but not significantly more to their owners or strangers.

These studies covered many breeds of dogs, and of course, the larger animals that had a more aggressive nature could and did more damage to the victim, and many resulted in the actual death of another dog or person. There’s not any domestic dog breed that is inherently violent, and you must also remember that the dog’s owner can contribute to the aggressive nature of the dog. This is a heated debate, and many feel that even the more “aggressive breeds” are made by their owners’ abuse, neglect, or training.

This list may differ slightly from time to time, but it’s commonly agreed that the nine most dangerous dog breeds are:

• Siberian Husky.
• Hybrid Wolf Dogs
• Presa Canario
• German Shepherd
• Rottweiler
• Akita. Attacks
• Chow Chow
• Doberman Pinscher

The size of most of these dogs and their training has contributed to numerous injuries and even deaths over the last few years. Accordingly, if you own one of these breeds or have been bitten by one, insurance companies may not cover your injuries or the lawsuit against you, which usually occurs.

So, if any dog bites you, and especially by one on the “aggressive breed” list, you need to consult immediately with your Syracuse or Utica personal injury dog bite lawyer. This is true whether you are bitten or your dog has attacked and injured another person. Dog bite lawsuits are expected today and can devastate their owners, or you, as the injured party.

If you’re bitten, you could be mauled, lose some motor function, and have extensive scarring that may involve surgery. Additionally, you need to know your rights, as the penalties, you as the dog owner, can be severe and even include jail time.

What Are Some Reasons That May Contribute to Aggression in Dogs?

As stated, even small dogs can attack but not usually inflict the severe and debilitating injury that a large dog can.

There are situations that you should be more aware of, and that may contribute to being attacked by a dog; some are,

• Asserting dominance – This instinct is common in dogs due to their “pack” mentality.
• Asserting their territory – Most all family dogs will protect their household or their puppies. The usually friendly dog may react as they see this as a protective action against you, dogs, or other animals.
• Pain or Illness – If a dog is injured or sick, it often will lash out more than a healthy animal.
• Predation refers to most dogs – Their “hunting instinct” to kill small animals or attack children.
• Fear – Overwhelming sensory stimuli may cause dogs to react by biting and feeling threatened.
• Misdirected aggression – This may occur when the owner of the dog restrains their dog from attacking another and causing their dog to turn on them.

You should get medical attention immediately if a dog attacks you or a family member. A dog’s attack can tear flesh and break bones. The medical costs, loss of wages, and more, to you and your family, can be devastating. Consulting with Syracuse or Utica dog bite lawyers will help you get the compensation you deserve.

Do Some Breeds Just Have a Bad Undeserved Reputation, and Why?

It’s well known that some dogs just have a bad reputation. However, are these dogs bred to kill, or are they the innocent victims of the dark side of their owners?

Dog experts and pet owners have been asked this question for years, and they usually tell us the truth about “aggressive” dog breeds, and there’s a lot of excellent feedback.

For example, a pit bull broke away from its walker to race across a park and nearly killed another dog or bit a child. Most experts state that these people with aggressive dogs don’t want the dog as a pet; they want to make a statement! Many experts also tell us that to the best of their knowledge; no dogs are “born bad.” Only two-legged harsh, abusive, or misguided owners either make the dog aggressive or enhance the animal’s aggressive nature.

What Should I Do If I’m Attacked By a Dog in New York State?

First, get medical attention immediately, as any bite, large or small, can cause nerve damage, infection, and much more.

New York has a “One Bite” Rule, and dog bite cases are managed under strict liability and negligence. In most cases, the dog’s owner or guardian is personally liable for medical bills, and more if their dog caused your injury. This holds even if the owner used reasonable care to restrain the animal.

Also, it’s mandatory in New York State that if a dog bites you, you must immediately file a full report about the incident with the local authorities. This is especially true if the animal that inflicted the wound is suspected of having rabies.

These bites can be very severe and have caused death to both children and adults. As soon as possible, consult with a local dog bite law team, and allow them to analyze your case thoroughly. Medical bills, lost work time and lost wages, and much more can mount up. In New York, the dog’s owner is liable, and your Syracuse or Utica personal injury lawyer will fight for your rights and the compensation you need and deserve.

I’ve Been the Victim Of a Dog Attack; How Should I Proceed?

Dog bites can be extremely severe and cause more physical damage than you imagine. Never underestimate their severity, both physical and emotional.

Unfortunately, most dog bite victims are between five and nine years old, and most of these attacks are inflicted by dogs the child already knows. However, whether you know your attacking dog or not, you must know your rights.

Consulting with a Syracuse or Utica “dog bite” personal injury lawyer is mandatory. Also, you must obtain a lawyer with extensive knowledge of the New York personal injury laws regarding dog attacks. Your experienced and empathetic lawyer will be committed to helping you recover from these horrific injuries and fight for the maximum compensation you need to move forward financially and physically with your life.

The Impaired Driver Program, or IDP, is an option for those eligible to still operate a vehicle to get to work and other necessary places after their license has been pulled due to an alcohol-related or drug-related offense. You can enroll in this program and apply for the subsequent conditional license after sentencing. New York state, as well as many others, has put programs in place in an effort to lessen the reoccurrence of certain offenses and keep the roads and citizens safe. The IDP is a product of that effort, and if you adhere to the guidelines, you are able to continue to operate a vehicle and get to your destinations as necessary, within the rules established by this program.

Contact us at (315) 500-6425 to learn more about what your options are, what you need to do to make sure you are compliant, and how to get started.

What Does This Program Consist Of?

There is an educational aspect to this program in that it will help you to understand the high-risk situations involved in drinking and driving, as well as other impairments. Through guided courses and necessary steps, it will help those enrolled to obtain a greater knowledge of the repercussions of their actions and how making better choices not only helps them but creates a safer environment for citizens in New York. Generally speaking, through the use of workbooks and group activities completed throughout the course, participants can better understand healthier choices for themselves and those around them. These sessions are typically scheduled each week.

What Else Should I Know About IDP?

Another aspect of this program is the preliminary screening that is in place to identify substance abuse disorders or other high-risk factors. If you are one of the individuals found to be at risk due to this assessment, it is likely that you will be referred for further clinical assessment and, in some cases, treatment. Referrals can happen if two or more alcohol or drug-related driving convictions have happened in the past decade, if it is proven that you are attending your IDP classes while under the influence, due to a written request by the participant themselves, or if based on the written assessment, it is deemed necessary.

What Happens When I’m Done?

Upon satisfactory completion of the IDP program, a Notice of Completion will be issued and electronically submitted to the DMV. Depending on your specific situation, this may be all you need to resume an unrestricted driver’s license. If you have another offense on record, were under 21 when you were charged, or refused an alcohol or drug test at the time of your offense, there may be additional steps that need to be completed before your Conditional License is transferred back into an unrestricted driver’s license.

Our law firm has helped many people just like you with their cases involving an IDP. They are here to assist you as well. Contact us today at (315) 500-6425 to get started.

New York is a “No-Fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs, lost wages and other losses that might surface after the accident.

The State of New York has done this to ensure that no one gets left out in the cold if they are in an accident with someone who does not have adequate, or any insurance at all.  No-Fault insurance coverage, in most cases, will reimburse you up to $50,000 for accident related medical treatment, up to 80% of your lost wages (with a $2,000 a month maximum) and any accident related services that you need such as home help.

The State of New York also requires registered motor vehicles to have liability insurance with certain minimum coverage amounts:

•  $25,000/$50,000 for bodily injury per person/ per incident
• $50,000/ $100,000 for death
• $10,000 for property damage per accident

What are the No Fault Benefits you are entitled to?

These are benefits paid by the insurance company of the car you were driving, were a passenger in or were struck by as a pedestrian, regardless of fault as to the cause of the accident. This means that the accident could have been your fault, someone else’s fault or no one’s fault at all.  These benefits include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers, all as the result of the accident.

In order to claim these benefits, there are rules that are dictated by your insurance policy as to when you place them on notice of the accident and that you fill out an application to apply for the benefits. There is a very short time, only 30 days from the date of the accident, in order to file an application for these benefits.  However, this time limit can be extended under extenuating circumstances.  In order to make sure that you abide by all of the insurance companies requirements, you should contact an experienced personal injury attorney after your accident to ensure that all of your rights are protected. 

Here at Passalacqua and Associates, we realize each of our clients are different and have different needs, but each client receives the attention they deserve when their rights are being protected.  We will investigate your case and come up with a strategy that will put you in the best position to get your life back in order after a debilitating injury.  Our attorneys and staff have the experience that is needed to find the people responsible for your accident and hold them accountable.  To discuss your case in more detail, please call us at 315-500-(6425) or contact us through our online chat at www.CNYTRIALLAW.com