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New York Refusing Breathalyzer Attorneys

Middletown DWI Defense Lawyers

Orange County Criminal Defense Law Firm

It is not a crime to refuse to take a breathalyzer test. There are no criminal penalties for saying "no." What refusing a breathalyzer test will mean is a potential one-year revocation of your drivers' license, courtesy of the New York Department of Motor Vehicles (DMV). Sometimes, however, the potential for your license revocation can be successfully defended. Our attorneys have successfully defended drivers from losing their licenses at DMV hearings relating to alleged chemical test refusals.

So what should you do? New York is unique in that it has a law giving drivers the qualified right to call and seek advice from a DWI defense attorney. If you have been stopped for DWI in Orange County or the Hudson Valley, you can find the effective advice and aggressive defense help you will need at the law offices of Larkin Axelrod Ingrassia & Tetenbaum, LLP.

Whether you were ultimately charged with a DWI or not, if you refused to take a breathalyzer test — you have only a limited amount of time to act to protect your driving privileges. Do not waste another minute. Call or contact us today.

In certain circumstances, refusing to take a breathalyzer may actually be the right course of action. In others, it won't do anything at all to hurt the state's case against you — the prosecutor will simply use your refusal to take the test as evidence of your own consciousness of guilt, a strategy proven to be effective with jurors in DWI cases.

In reality, by the time an officer asks you to take a breath test, it is possible they have enough probable cause to arrest you regardless of whether you take the test or not (and they probably will). This means that you will be dealing with both an administrative action undertaken by the DMV and a criminal case at the same time.

Our lawyers will fight to keep you out of jail and save your driving privileges. We will immediately begin a thorough investigation into the circumstances surrounding your arrest. We will explore every possible defense strategy that could realistically help us minimize the consequences of your DWI arrest and refusal to take a breath test. In both administrative and criminal proceedings, you can trust that we will provide the effective representation you need and deserve.

Who's Fighting for You?

If you are facing additional civil penalties for refusing to take a breathalyzer test in connection with a DWI stop, call or contact Larkin Axelrod Ingrassia & Tetenbaum, LLP for a free consultation.

Our attorneys represent local, out-of-town and out-of-state drivers arrested for DWI and other serious driving offenses on Interstates I-87 (NYS Thruway) or I-84, U.S. Route 9W, the Palisades Interstate Parkway, State Routes 6, 17 (86) or 59, and on other Hudson Valley roadways. In the Newburgh and Middletown areas, you can reach us at 845-234-4852. Outside of this area code, dial 877-278-5062 (toll free).

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DWI Lawyers Newburgh New York

http://www.law5141.com 877-278-5062 A DWI can carry a permanent, life-long criminal conviction for which there is no expungment under New York State law. Contact Larkin Axelrod Ingrassia & Tetenbaum in Newburgh, New York for representation.

Latest News
  • 2010 - Marijuana Charges Dismissed
    August 2010 - John Ingrassia was able to work out a very favorable plea bargain with the prosecutor's office and the local justice court in Orange County. After our client was stopped for speeding by police, the officer detected odor of marijuana and the driver admitted to having recently consumed marijuana.
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  • 2010 - Felony Grand Larceny and Conspiracy charges yield Probation and Community Service
    On August 24, 2010 Bryan Dunn was sentenced to 300 hours of community service and 5 years of probation for his part in a million-dollar Walmart theft ring.
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  • 2010 - Kathleen Wells and John Ingrassia Present a DWI CLE Program
    On July 29, 2010, Kathleen Wells and John Ingrassia presented a teleconference Continuing Legal Education (CLE) program for attorneys entitled "New York DWI Update - What You Need to Know"
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  • 2010 - John Ingrassia Authors Chapter of Book "Inside the Minds - Trial Techniques for Criminal Cases"
    John Ingrassia authored a chapter entitled "The Defense Attorney as Investigator: Uncovering Evidence to Defend Your Client's Case" in the book "Inside the Minds - Trial Techniques For Criminal Cases" by Aspatore Publishing.
  • 2010 - Aggravated DWI and DWI Charges Dismissed
    In a July 2010 trial, John Ingrassia obtained dismissals on charges of Aggravated DWI and DWI in return for a guilty plea of Reckless Driving.
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  • 2010 - DWAI Case Dismissed in the Town of Montgomery
    John Ingrassia was successful in a July 2010 trial and DWAI charges against our client were dropped in the Town of Montgomery.
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  • 2010 - Two DWI Charges Dismissed Due to Speedy Trial Rights Violations
    On July 20, 2010, John Ingrassia obtained dismissals on two separate DWI cases in a local Justice Court. The dismissals were based on Mr. Ingrassia successfully arguing that the delay in bringing his clients to trial violated their Speedy Trial Rights under the New York State Criminal Procedure Law and US Constitution.
  • 2010 - Plea Bargain Accepted Before Murder Trial Starts
    2010 - GOSHEN - James J. Babcock pleaded guilty Friday in Orange County Court to the killing of Elaine Ackerman because he didn't want to risk the possibility of 26 ⅓ years to life in prison for murder.
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  • 2009 - LAIT Provides Christmas Gifts for Children
    LAIT once again participated in the Ulster County DSS and Ulster County Bar Association "Adopt-A-Star" program to provide Christmas gifts for children who are in foster care in Ulster County.
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  • 2009 - LAIT Receives Partner in Justice Award for Probono Service
    On October 28, 2009 the firm of Larkin Axelrod Ingrassia and Tetenbaum, LLP was awarded the Partner in Justice Award from the Board of Directors of Legal Services of the Hudson Valley/ProBono NY Orange County Committee.
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  • 2009 - Middletown Ny Bar Association Elects Two Lait Attorneys as Officers
    On December 9, 2009 at the Middletown Bar Association Annual Dinner, Larkin Axelrod Ingrassia & Tetenbaum, LLP had two associates elected to the Executive Board of the Middletown Bar Association (Orange County NY).
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  • 2009 - Not Guilty Verdict on Forcible Rape and Unlawful Imprisonment Charges
    After a week-long jury trial, Craig Stephen Brown and Kathleen Wells obtained a not guilty verdict by an Orange County jury on a case where the client was accused of forcible rape, forcible sexual abuse, and unlawful imprisonment of an acquaintance.
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  • 2009 - Items Suppressed After Declared Illegally Seized in Execution of Search Warrant
    An Orange County Court Judge issued a Decision and Order suppressing credit cards illegally seized during the execution of a search warrant.
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  • 2009 - John Ingrassia Named By Super Lawyers For Criminal Defense: Dui/Dwi
    John Ingrassia has been selected by Super Lawyers as one of the top attorneys in the field of Criminal Defense and DUI/DWI Defense In Upstate New York for 2009.
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  • 2009 - Not Guilty Verdict On Menacing Charges With A Gun
    After a three day jury trial, John Ingrassia recently obtained a not guilty verdict by a Town of Wallkill jury on a case where his client was accused of menacing another individual with a loaded handgun during an alleged incident last year.
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  • 2009 - Jury Awards $804K to Woman in Falldown on Ice Case
    2009 - Our client slipped on ice on a poorly shoveled sidewalk and fractured her ankle. As a result of her diabetic condition she eventually had her leg amputated.
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  • Motorcyclist Awarded Full Policy Limits
    2009 - A motorcyclist was struck by a car that failed to yield the right of way, causing an injury to his leg. The car carried $100,000 insurance limits.
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  • 2009 - Leave to the Court of Appeals Granted
    Kathleen Wells requested leave in a felony sexual abuse case to appeal to the highest court in New York State: the Court of Appeals.
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  • 2009 - Vacating of a client's jail sentence for speeding
    Kathleen Wells appealed a two weekend jail sentence imposed upon an 18 year old for speeding 102 miles per hour in a 65 mile per hour zone.
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  • 2009 - Acquittal in Town of Wawayanda DWI case
    Daniel Jackson won an acquittal for a client charged with Driving While Intoxicated (DWI) and Possession of an Open Container of Alcohol in a Motor Vehicle in the Town of Wawayanda Justice Court.
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  • 2009 - Reversal of a client's Integrated Domestic Violence Court conviction of Harassment in the 2nd Degree
    This case involved a trial in which a wife accused her husband of Harassment in the Second Degree. At trial, the husband sought to introduce evidence that his wife had previously threatened to "get" him.
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  • 2009 - Acquittal in Town of Cornwall Criminal Mischief case
    Daniel Jackson won an acquittal for a client initially charged with Criminal Mischief in the Third Degree in the Town of Cornwall Justice Court.
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  • 2009 - Two acquittals in Town of New Windsor DWI cases
    John Ingrassia won separate acquittals within weeks of each other in the Town of New Windsor Justice Court for clients charged with multiple counts of Driving While Intoxicated (DWI).
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  • 2009 - Acquittal in Town of New Windsor DWAI case
    Daniel Jackson won an acquittal for a client charged with Driving While Ability Impaired (DWAI), Speeding and Failure to Keep Right in the Town of New Windsor Justice Court.
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  • 2009 - Successful overturn of Family Court Decision
    Azra Khan recently won an appeal in the Appellate Division, Second Department where we successfully overturned a Family Court Decision which granted a downward modification of a non-custodial parent's child support obligation.
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Offices in Newburgh and Middletown Conveniently located 3 minutes from the Newburgh Beacon Bridge on Interstate I-84 Se habla español