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January 2014 Archives

Penalties for felony DWI convictions vary in New York

Last month, we discussed a drunk driving case that was receiving national attention. The case involved a teenager who was sentenced to 10 years of probation, and no jail time, for multiple counts of intoxication manslaughter. In the aftermath of that controversial sentencing, people all over the country, including here in New York, have been discussing DWI sentencing standards.

Latest News
  • FELONY DWAI-DRUGS AND REFUSAL DISMISSED

    Daniel Jackson successfully defended his client that was charged with a felony of Driving While Ability Impaired by Drugs and Refusal to Submit to a Chemical Test. Jackson initially defended his client’s alleged Refusal to Submit to a Chemical Test before a Department of Motor Vehicle Administrative Law Judge (ALJ). Mr. Jackson exposed the arresting officer’s failure to adequately advise his client of his refusal warnings.

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  • DUI evidence suppressed

    John Ingrassia successfully moved to have all evidence suppressed in an Operating a Motor Vehicle while Under the Influence Alcohol Case. Mr. Ingrassia's client was stopped by police while driving his truck after the officer had received a report from the police dispatcher that an intoxicated driver in a truck was on a certain street.

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  • What happens if child support is not paid in New York?

    A child support order is a legally binding document that requires the payment of a specified amount of money to a custodial parent or guardian. This money is typically used to help care for a child when it comes to buying food, clothing, shelter, and much more.

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  • Larkin, Ingrassia & Tepermayster, LLP Has Been Nominated and Accepted as 2017 AIOFLA’S 10 Best Law Firm in New York For Client Satisfaction

    The American Institute of Family Law Attorneys has recognized the exceptional performance of New York’s Family Law Firm, Larkin, Ingrassia & Tepermayster, LLP as 2017 10 Best Family Law Firm for Client Satisfaction.

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  • Five Attorneys Selected To The 2017 Upstate New York Super Lawyers & Rising Stars Lists

    Larkin, Ingrassia & Tepermayster, LLP, a leading local law firm, today announced that five attorneys from the firm have been selected to the 2017 Upstate New York Super Lawyers and Rising Stars lists. William J. Larkin, III and John Ingrassia are selected to the Super Lawyers list.

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  • DWI FACTS & STATISTICS

    According to a 2005 study by the National Highway and Traffic Safety Administration (NHTSA), drunk or impaired drivers were involved in 39% of total traffic fatalities reported nationally. In that year, alcohol was a contributing factor in 16,885 fatal accidents, on average, one death every 31 minutes. In addition to loss of life, drunk or impaired driving contributes to hundreds of thousands of dollars annually in personal injury expenses and property damage, as well as a variety of other societal costs.

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  • COURT REVERSES PREVIOUS DECISION AND AWARDS CUSTODY TO FATHER

    William J. Larkin, Esq., recently prevailed in a custody matter, obtaining a favorable decision for our client, the father of two minor children. After testimony of the parties and records introduced at trial, Mr. Larkin was able to persuade the Court to modify the prior custodial arrangement, which had awarded physical custody to the mother and joint legal custody to the parties. After the instant hearing, the Court awarded physical custody of the minor children to the Father, finding that the Father successfully established that parties did not cooperate or jointly plan activities, that mother

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  • GUILTY PLEA VACATED

    Michael Collado was recently successful in vacating his client's criminal conviction in a justice court in Orange County. In his motion papers, Mr. Collado was able to successfully argue that his client's plea of guilty to the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree was obtained in violation of his client's state and federal constitutional right to counsel. The court vacated the conviction and Mr. Collado was able to negotiate a resolution where his client was allowed to plead guilty to a traffic infraction to resolve the case.

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  • DWI BREATH TESTS TOSSED

    John Ingrassia recently won a suppression motion after an evidentiary hearing in a local criminal court involving a DWI case.

    Mr. Ingrassia was able to persuade the Court that the police lacked probable cause to believe that his client was under the influence of alcohol. Mr. Ingrassia's cross examination of the arresting police officer established that Field Sobriety Tests were incorrectly administered and as a result the court suppressed the breath test result obtained in the case.

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  • DOWNWARD MODIFICATION OF SUPPORT DENIED

    Lauren Ludvigsen was successful in dismissing a Father’s objections in Orange County Court. The original support proceeding was filed by the Father, seeking a downward modification of child support based on change of his income. The parties initially appeared before the supper magistrate, wherein both parties were advised to exchange financial records, and while the Father was given ample opportunity to submit his financial documentation, he failed to do so. As a result, the Support Magistrate dismissed the Father’s application.

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  • DWI CHARGES DISMISSED

    John Ingrassia and Chelsy Jones recently obtained a dismissal of a DWI charge filed against their client.

    Mr. Ingrassia’s investigator was able to secure video footage from a business security camera and in so doing Mr. Ingrassia was able to contradict the arresting police officers testimony as to their reasons why they stopped his client's vehicle.

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  • CUSTODY OF CHILDREN AWARDED TO OUR CLIENT

    Milana Tepermayster was successful in obtaining a favorable decision for a client, after a custody trial that spanned multiple days and witnesses, as well as a the testimony of a forensic expert witness for the children. The Family Court Judge decided in favor of the mother, our client, to have sole legal and physical custody of the parties’ two sons, after protracted litigation between the parties that lasted over three years.

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  • COURT SIDES WITH FATHER IN CHILD SUPPORT DISAGREEMENT

    William J. Larkin recently won a matter after hearing, wherein the mother sought to modify an existing child support order. However, the Court, after hearing testimony and Mr. Larkin’s legal arguments, sided with the Father, and ordered that the Mother failed to establish a substantial change in circumstances that would warrant an increase in child support.

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  • EMERGENCY TEMPORARY FINANCIAL RELIEF AWARDED

    The firm brought an application in a matrimonial action, in Ulster County Supreme Court, seeking emergency temporary financial relief on behalf of the client during a pending divorce action. After submissions from both parties, the Court directed in favor of our client, a Wife who is the non-moneyed spouse.

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  • CHILD RELOCATION TO DIFFERENT STATE DENIED

    William J. Larkin was successful in obtaining a great result for our client, after a lengthy relocation trial, in Orange County Family Court. A mother had filed a modification of custody and a relocation petition, seeking to move to another state with the parties’ son. After multiple days of hearings wherein the parties and various witnesses testified with regard to this subject, the Court held in favor of the Father, our client.

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  • Five Attorneys Selected To The 2016 Upstate New York Super Lawyers & Rising Stars Lists

    Larkin, Ingrassia & Tepermayster, LLP, a leading local law firm, today announced that five attorneys from the firm have been selected to the 2016 Upstate New York Super Lawyers and Rising Stars lists. William J. Larkin, III and John Ingrassia are selected to the Super Lawyers list.

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  • DWAI By Drugs Charges Reduced To A Fine

    In the spring of 2016, Michael Collado represented a client charged with Driving While Ability Impaired by Drugs, as well as several other traffic offenses, in the City of Newburgh Justice Court. If convicted, the client's driving privileges in New York would have been revoked for 6 months and he would be subjected to potential jail time, probation and fines up to $1,000.

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  • JOHN INGRASSIA NAMED TO AMERICA’S TOP 100 ATTORNEYS®

    July 25, 2016 – Announcing the Lifetime Achievement selection of John Ingrassia among America’s Top 100 Attorneys®. Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award.

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  • Not Guilty On 2 Counts Of DWI

    John Ingrassia And Michael Collado Obtained Not Guilty Verdicts On 2 Counts Of DWI As Well As An Underlying Traffic Ticket After A May 2016 Jury Trial In An Orange County Justice Court.

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  • All Evidence Suppressed In DWI Case

    In April 2016, John Ingrassia Successfully Persuaded A Court To Suppress All Evidence Obtained As A Result Of His Client's Arrest On A DWI Case.

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  • Client Awarded Attorney Fees

    The firm on behalf of our matrimonial client filed a contempt application after the parties' divorce based on the non-compliance of his ex-spouse with regard to certain financial aspects of the parties' agreement and judgment of divorce.

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  • The Significance of Every Act in Family Court

    By: David Ayres Published on 4/18/16 New York Law Journal.
    I was elected to the Nassau County Court in 2003 after serving as an assistant district attorney and then as a principal court attorney for 10 years prior. I began my judicial career in January 2004 with an assignment in the Nassau County Family Court.

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  • Felony Pistol Permit Charges Reduced to Non Criminal Violation

    In February 2016, Michael Collado was able to negotiate a favorable disposition for a client who was charged with a felony in an Ulster County Justice Court for failing to disclose a prior criminal conviction on a pistol permit application.

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  • Judgement of Divorce Granted

    The matrimonial department of Larkin, Ingrassia and Tepermayster, LLP was successful in obtaining a judgment of divorce for Defendant-Husband in an action wherein the parties signed a Separation Agreement, and two years later Plaintiff-Wife filed an Action for Divorce, while simultaneously seeking to set aside the Separation Agreement.

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  • Wife's Appeal on Separate vs Marital Property Upheld

    The firm was successful in representing a Wife on an appeal in the Third Department of the Appellate Division, stemming from an Ulster County Supreme Court’s decision in a matrimonial action.

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  • DWI Charges Dismissed For Failure Of A Speedy Trial

    In December of2015 John Ingrassia obtained a full dismissal of all charges for a client charged with DWI in an Orange County Justice Court.

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  • DWI Charges Dismissed Due To Unlawful Stop

    In December of 2015 John Ingrassia was able to obtain a dismissal of all charges against his client after he successfully argued to a Judge after a suppression hearing that the police did not have a lawful basis to stop his client's motor vehicle.

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  • John Ingrassia is Featured Presenter

    In November of 2015, John Ingrassia was the featured presenter at a CLE webinar involving strategies in defending DWI cases in New York.

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  • Opposing Motion Dismissed

    The firm represents a mother seeking child support arrears, college expenses from the Father and a finding of contempt.

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  • Firm Recovers Client Expenses on a Post-Judgement Contempt Application

    Milana Tepermayster recently received a successful decision after a hearing in Orange County Supreme Court on a post-judgment contempt application in a matrimonial action.

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  • Petition to Modify Custody Order Dismissed

    Milana Tepermayster, Esq., was recently successful in dismissing a petition modification of prior custody order in Orange County Family Court.

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  • 2015 New York Super Lawyers List

    The law firm of Larkin, Ingrassia & Tepermayster, LLP is proud to announce that all three partners have been named to the 2015 New York Super Lawyers list and that Milana Tepermayster has been named to the 2015 New York Rising Stars list.

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  • Separation Agreement Upheld in Court

    The firm was successful in defending an action on behalf of a husband whose wife sought to have their separation agreement set aside and to modify the terms for...

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  • Spousal Maintenance Terminated Due to Remarriage

    The firm successfully represented a husband in terminating his spousal maintenance obligation due to the ex-wife's remarriage.

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  • Reduction in Child Support Denied

    Milana Tepermayster was recently successful in defending a downward modification for child support filed by a father, who purported himself to be disabled.

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  • John Ingrassia Joins Orange County's Conviction Integrity Program

    Orange County now has a new avenue for people who believe they were wrongfully convicted of a crime in the county.

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  • Court Orders College Expenses and Attorney Fees to be Paid

    Milana Tepermayster was successful in obtaining an order in Ulster County Family Court directing the Mother to pay for a portion of college expenses

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  • Child Support Increase Denied

    In a recent decision, The Orange County Supreme Court denied the mother's application for an increase in child support.

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  • Breath Test Ruled Inadmissible

    John Ingrassia recently won an order suppressing a chemical breath test result due to the fact that arresting officer advised the accused that if he refused to submit to a chemical test of his breath for alcohol content determination that he would be seen by a Judge and sent to the county jail.

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  • Application to Set Aside Stipulation of Settlement Dismissed

    The firm was successful in defending and dismissing an application filed by wife to set aside the parties' stipulation of settlement, which resolved all the financial issues in connection with the parties' divorce.

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  • Partners to Lecture at Continuing Legal Education Seminars

    On April 25, 2015 John Ingrassia, Partner, will be lecturing at Syracuse University at a Continuing Legal Education seminar for the NY State Association of Criminal Defense Lawyers.

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  • Firm Defends Mother - Child Support Continued

    The firm was successful defending a mother against the Father’s petition to terminate child support based on his argument that the parties’ daughter was emancipated.

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  • LIT Successful In Defense of Application

    In March of 2015, the firm was successful in defending an application filed by a wife seeking to vacate a settlement that was reached in open court.

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  • Father Awarded Primary Physical Custody

    The firm was successful in obtaining an award of primary physical custody to a Father after an extensive trial involving numerous witnesses and several days of testimony.

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  • Court Grants Child Support, Child Support Arrears, Unreimbursed Medical Expenses

    In a recent case, the non-custodial parent refused to comply with a previous order of child support, resulting in a significant amount of child support arrears owed to the custodial parent.

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  • DWI Charges Dismissed - Prosecution Unable to Proceed

    John Ingrassia was able to secure a dismissal of his client's DWI charges when the prosecution was not ready to proceed with a pre trial suppression hearing.

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  • DWI Charges Reduced

    John Ingrassia successfully persuaded prosecutors to offer his client a guilty plea to a no point, non-moving violation of parked on pavement reduced from 2 counts of DWI.

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  • Breath Test Results Suppressed

    In March of 2015, evidence of field sobriety and breath test result were suppressed after a suppression hearing in a local Orange County criminal court.

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  • Felony DWI Successfully Resolved With Plea to Non Criminal Violation of Driving While Ability Impaired By Alcohol (DWAI)

    In February of 2015, after a suppression hearing, attorney John Ingrassia successfully persuaded prosecutors to allow his client to plead guilty to DWAI with a fine and 90 day license suspension.

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  • Not Guilty Verdict for Driving While Using a Cell Phone

    John Ingrassia recently obtained a not guilty verdict after a trial where his client was charged with operating a motor vehicle while using a hand held mobile device.

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  • DWI Results Ruled Inadmissible

    John Ingrassia recently won a DWI suppression hearing after the Court determined that the arresting police officer did not have probable cause to arrest his client.

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  • All Charges Dismissed

    In February 2015, John Ingrassia persuaded prosecutors to dismiss all charges following a suppression hearing in a local Justice Court.

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  • Suppression Order Obtained for DWI Arrest

    John Ingrassia recently successfully obtained a suppression order suppressing all evidence resulting from his client's arrest for DWI.

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  • Father's Rights to Unsupervised Visitation Upheld

    In a recent Decision by the Appellate Division, Second Department, the Firm was successful in defending against an appeal of an Order of the Orange County Family Court which denied a mother's application to reduce a father's visitation with his child to supervised.

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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