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DUI/DWI Archives

New York man faces felony DWI after driving with infant in car

Earlier this week, it was reported that a New York City man was arrested for allegedly driving drunk with an infant in his car. He is facing very serious criminal charges for the offense. There are only two situations in New York in which prosecutors have the ability to charge you with an aggravated DWI, and this is one of them.

Can a smartphone app save you from a DWI conviction in New York?

Drunk driving laws are very tough in New York. People often find themselves pulled over and being accused of driving while intoxicated when they feel like they are perfectly safe to drive. Some drivers even purchase personal breath test devices and read up on drunk driving laws so that they can get an idea of the point at which an officer might consider them legally intoxicated, because the legal standards seem somewhat arbitrary to them.

Probe of drunk driving survey shines spotlight on driver's rights

Last month, we discussed the controversy that has arisen regarding a federal roadside survey intended to gather information about drunk driving and drugged driving. The survey is facilitated by the National Highway Traffic Safety Administration, which has enlisted the help of both private contractors and local police departments. The contractors and police take motorists off of the roads across the country and ask them to provide blood samples, or breath or saliva samples. The goal of the survey is to learn how many Americans are driving drunk or while impaired by drugs, but motorists have complained that the methodologies are unconstitutional.

Did drunk driving survey violate the rights of drivers?

The Fourth Amendment protects U.S. citizens from unreasonable search and seizure. This means that the government does not have the right to search an individual or his or her property without consent or a warrant. There are certain exceptions to this rule, but in general the government may not intrude into the lives of citizens without probable cause.

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.

New York lawmakers aim to toughen drunk driving laws

The consequences for driving drunk in New York are severe. A conviction for a DWI can result in fines, a revoked driver's license, jail time and more. Nonetheless, New York state lawmakers think that the laws are not tough enough, and they are working to strengthen DWI penalties.

Teen uses unusual defense in fatal drunk driving case

Many New York parents of teenagers might agree that their teens do not seem to understand that actions have consequences. There is something about the teenage years that leads a number of teens to demonstrate questionable judgment and test boundaries, even when they have been raised to know better. When they have not been taught the differences between right and wrong, the naive teenage years can be full of very poor decisions.

Lawmakers may update field sobriety tests for marijuana detection

In New York, it is illegal to drive when one's blood-alcohol content is .08 percent or higher, and this can result in drunk driving charges. When marijuana is involved, however, there is no legally allowable amount. If any marijuana is detected in the bloodstream or urine at all, a driver may face consequences for driving while ability impaired. This is very problematic, because it is possible for traces of marijuana to remain detectable in a person's blood or urine days after the person smoked it.

Investigation is a reminder that DWI blood tests are not foolproof

Many DWI defendants in New York may think that they have no chance to successfully fight a conviction if the blood-alcohol evidence indicates guilt. While the existence of incriminating blood or breath evidence can make a case tough, DWI defendants should not give up. There are still viable defense options.

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    In New York, as in many other states, probation is an alternative to incarceration in criminal sentencing. Probation is a Court ordered sanction imposed upon a criminal defendant in place of jail or prison time. Individuals sentenced to probation are almost always subject to certain terms or conditions. Standard conditions of probation include a requirement that the probationer meet with/check-in regularly with a probation officer, travel restrictions, prohibitions against guns or other weapons, requirements that he/she avoid places or persons associated with criminal activity, random drug/alcohol testing, etc.

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    Milana Tepermayster and William J. Larkin, III., were recently successful in obtaining a dismissal of a downward modification petition, filed by the payor-father. The Petitioner-Father filed a request to modify child support based on the fact that he has now remarried and has two children. After the filing of the motion by Milana Tepermayster and William J. Larkin, III., on behalf of the Respondent, the Court reviewed the submissions and found that there was no stated change of circumstances upon which the child support obligation should be modified or lowered. As such, the Petition seeking a payment of lower child support was dismissed by the Court.

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    John Ingrassia was successful in preventing his client’s driver’s license being suspended after a hearing before a Judge. Under the law, an individual who is charged with DWI is required to have their license suspended if the Court finds reasonable cause to believe that the person operated a motor vehicle with a blood alcohol content (BAC) of .08 of one percent or more and the court is in possession of an original breath analysis certification reflecting same.

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    The partners at Larkin, Ingrassia & Tepermayster, LLP are pleased to announce that Theresa R. Cayton has joined the firm as an associate in the Matrimonial and Family Law department.
    Ms. Cayton graduated from Albany Law School in May, 2014 where she earned her Juris Doctor degree. She is also a magna cum laude graduate of John Jay College of Criminal Justice in New York City receiving a B.A. in Humanities and Justice.

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    The question of whether a motorist, having been detained for suspicion of Driving While Intoxicated/Impaired, should submit to a chemical test is one of the most commonly posed questions a criminal defense lawyer encounters. There are several relevant considerations that an individual must weigh and often times, due to the fast-paced nature of DUI investigations, a motorist is frequently pressed into making a difficult decision without the benefit of legal counsel.

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    John Ingrassia served as co-counsel with Robert Wells to assist in a case where the client was originally charged with Felony Reckless Endangerment and a menacing charge for having discharged a lawfully possessed firearm in the direction of a moving motor vehicle on a downtown street in a city. Also assisting on the case was former NYS Trooper Bob Faynor.

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    In a very unique fact pattern, John Ingrassia's client was arrested after she showed up to a DWI Victim Impact Panel located at the County Jail allegedly under the influence of alcohol.

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    After a custody trial, Milana Tepermayster Esq. was successful in obtaining physical custody of the minor child to our client, who filed a petition in family court alleging a change of circumstances. Our client, the father, was forced to file a petition seeking custody of the minor child due to mother failing to plan for the child's educational needs.

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    William J. Larkin, Esq. along with Azra Khan, Esq., were successful in defending a Respondent/Husband in the Appellate Division: Second Judicial Department. The Appellant/Wife appealed from the Judgment of Divorce, arguing that the parties’ Separation Agreement, which was in effect for over three years, should be set aside and should not be incorporated in the parties’ Judgment of Divorce. The Wife’s arguments were rejected by the Supreme Court in Orange County and even after she appealed to the Appellate Division, her appeal was dismissed and Judgment of Divorce was affirmed. Finally, our client, was awarded a bill of costs from the Appellant/Wife.

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    John Ingrassia persuaded prosecutors to dismiss an issuing a bad check misdemeanor charge against his Client.

    Mr. Ingrassia was able to demonstrate to the Prosecutor's and Court's satisfaction that his client had placed a stop payment order on the check nearly a week prior to the check being presented to the bank (of which the service provider was aware) and that there were sufficient funds in the checking account at the time the check was submitted to the service provider. As such, he was able to demonstrate that no crime was committed and the dispute was purely civil in nature.

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    Lauren Ludvigsen, Esq. was successful in having her client’s spousal maintenance obligation terminated. After hearing testimony and Ms. Ludvigsen’s legal arguments, the Court determined that her client was laboring under extreme financial hardship due to his ex-wife’s failure to comply with the parties’ Judgment of Divorce, as well as his decreased income since the Judgment of Divorce was entered. As a result, the Court directed that the ex-wife was no longer entitled to receive spousal maintenance and terminated our client’s obligation to make these payments.

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    John Ingrassia obtained a not guilty verdict after a trial in a local Justice Court in Orange County. Mr. Ingrassia’s client was charged with assault after he and his friend allegedly assaulted an intoxicated person in the parking lot outside of a bar.

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    John Ingrassia and Michael Collado teamed up to successfully defeat the imposition of a license suspension pending prosecution after a hearing before a local court Justice in the Hudson Valley.

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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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    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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