George F. Hildebrandt
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June 2016 Archives

Limited Driving Privileges After Driver's License Suspension

Losing your license as a result of a conviction for driving drunk is a common consequence throughout the country, including in New York State. Additionally, a driver's license may be revoked for refusing to submit to testing that would allow police officers to measure the driver's blood alcohol content.  Once a person's license is suspended or revoked for a Driving While Intoxicated (DWI) conviction or chemical efusal, the person will have a problem getting to work or school, and meeting other responsibilities that require them to drive. Driving while on a suspended or revoked license only leads to further legal trouble, so it is best to pursue other legal options if available.

Intoxication as a Defense

When some people have had too much to drink or were under the influence of drugs, they say that they were "not themselves." That is, that any actions they took while in an intoxicated state were influenced by the drugs or alcohol, and were not something they would usually do. When criminal acts are involved, the intoxicated person may argue that there should be no criminal liability because he or she would not have committed the criminal acts if he or she was not under the influence. While intoxication may work as a defense to some elements of a criminal charge, it cannot be used as a complete defense to a criminal charge.

Immunity From Prosecution When Testifying

Cooperating with law enforcement officials during a criminal investigation can sometimes lead to an offer of immunity. If the person cooperating could also be charged with a crime based on the information provided to law enforcement officials, a grant of immunity can offer future protection and keep the person out of jail. However, not all grants of immunity ensure the government will not prosecute a cooperating witness for a crime related to the information given.

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