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  • Peter Gerstenzang

    is one of only four lawyers

    in the entire State of New York

    who have been Board Certified as

  • Specialists in DWI Defense Law by the

    National College for DUI Defense ("NCDD").*

    Peter served as Dean of the

    National College for DUI Defense

  • the only organization in the

    United States that is accredited by the

    American Bar Association to certify

    attorneys as specialists in DWI law.

*See Disclaimer

New York DWI and Criminal Defense

Last Updated on Monday, 10 August 2020 15:14

Our Experience and Skill

Our practice is focused on, but not limited to, criminal defense. We are best known, throughout the legal community, for our experience and skill in defending those charged with Driving While Intoxicated. Many local attorneys whose practices focus on civil and business litigation refer their family members, colleagues and clients to us when they face DWI charges. In addition to DWI defense, however, we also have extensive experience in representing people who have been charged with all types of felonies, misdemeanors and traffic infractions.

Aggravated Unlicensed Operation (“AUO”)

A person who drives when his or her driver’s license is suspended or revoked can be charged with AUO.  AUO is a crime.  In fact, AUO is one of the most common crimes committed in New York State.  Depending on the circumstances of the offense (for example, if you commit DWI or DWAI while your driver’s license is suspended or revoked for a prior DWI-related offense), AUO can be a felony.  If an accident is involved, AUO can increase the level of the felony even further. In representing a person charged with misdemeanor AUO, our goal is to get the charge reduced to a non-criminal offense (such as Unlicensed Operation, which is only a traffic infraction) or, if possible, to a non-moving violation (such as Facilitating AUO, which is also only a traffic infraction).  Of course, if you did not commit the offense, we would seek a dismissal of the charge. In representing a person charged with felony AUO, we will carefully analyze your situation to make sure that a felony charge is in fact warranted.  If it is, we will do our best to get the charge reduced to a non-felony offense.

Violation of Probation (“VOP”)

The best way to avoid a VOP is to not be on probation to begin with.  Being on probation can be so intrusive on your life that, in hindsight, many people who have been on probation wish that they had simply gone to jail instead.  As a result, our goal is to avoid a sentence of probation for our clients whenever possible. That said, once a person is on probation any violation thereof, no matter how small, can result in a VOP.  To make matters worse, a person who is accused of a VOP has far fewer rights than a person who is accused of a crime.  For example, the presumption of innocence does not apply, the People do not have to prove your guilt beyond a reasonable doubt, there is no right to file motions, to suppress evidence, to a trial, to a jury, etc.  Yet the consequences of a VOP can include a lengthy sentence of incarceration. Since your rights in a VOP proceeding are limited, and since the potential consequences of a VOP are severe, you need an attorney who is both familiar with the law and skilled at negotiation.  We do our best to be effective at both.

Ignition Interlock Device (“IID”) Violations

Unfortunately, it is common for people sentenced to IIDs to violate the conditions thereof.  One of the most common IID violations is blowing an illegal BAC into the device in the morning after a night of heavy drinking.  It can be a serious mistake to attempt to represent yourself in an IID violation proceeding.  Courts have heard every excuse in the book (for example, “I just used mouthwash,” “my perfume/cologne has alcohol in it,” “I just cleaned the car with wipes containing alcohol,” etc.).  Everything else aside, IID installers clearly warn people to avoid any of these things if you intend to drive in the near future. Such excuses are about as well received as a claim that the dog ate your homework, and they will likely only make your bad situation worse.  Do yourself a favor; hire a good attorney.

Serious Driving Offenses (“SDOs”)

Did you know that DMV has kept records of your entire lifetime driving history?  Or that DMV generally looks back at least 25 years when reviewing your driving record when making a licensing determination?  Or that a 5-point driving violation such as a cell phone or texting ticket can result in your driver’s license being permanently revoked?  Unless you have found out the answer to these questions the hard way, the answer is likely “no.” DMV keeps getting tougher and tougher on repeat offenders (a.k.a. persistently dangerous drivers), and your entire lifetime driving history has become relevant.  It no longer matters that “I was only a teenager when I got that speeding ticket,” or that “I didn’t have a lawyer for that ticket,” or that “this is my first ticket in 20 years,” etc.  It may seem unfair, but the rules have drastically changed — and many lawyers are simply unaware of the changes.  We are. The bottom line is that it is often no longer safe to handle traffic tickets on your own (or even with an attorney whose practice does not focus on Vehicle and Traffic Law offenses).

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    CONTACT INFORMATION

    Peter Gerstenzang, Esq.
    Gerstenzang, Sills, Cohn & Gerstenzang

    210 Great Oaks Boulevard
    Albany, New York 12203

    Phone: (518) 456-6456
    Fax: (518) 456-6056
    Cell: (518) 441-7011
    Email: pgerstenzang@pgdwi.com

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.