A DWI Attorney Can Help You Stay on the Road

If you have been pulled over for drunk driving, you need a DWI attorney to help you through the process.  Drunk driving laws in New York are very serious and an experienced lawyer is typically necessary to keep you on the road and your driving rights intact.  Without mounting a strong legal defense, you could lose your driver’s license. 

In New York, a drunk driving charge is called a DWI (Driving While Intoxicated) where many other states refer to it as a DUI (Driving Under the Influence).  Both can be used interchangeably.  If you are caught driving drunk in New York, you could lose your license, have to pay an expensive fine, and possibly even go to jail.  A good lawyer can help diminish the charges and the pending results.

New York has guidelines for what is considered “intoxicated”.  This is different than many other states which simply have a set standard for everyone.  In New York, if you are driving a normal vehicle and blow a 0.08 percent blood alcohol concentration (BAC), you have a DWI charge that will be brought against you.  However, if you are driving a commercial vehicle the rules are stricter with the BAC percentage dropped to 0.04 percent.  Minors can be charged if their BAC is 0.02 percent or higher.  For minors, it is particularly important to understand the law because drinking a small amount of alcohol could have major implications.  A DWI attorney can help, but if possible avoid the charges in the first place.

The state also has laws that describe what will happen if a driver is drunk and using drugs or other foreign substances at the same time.  There are zero-tolerance laws in place that could lead to an automatic license suspension.  A DWI attorney can help fight these charges as well. 

Age plays a significant role in how severe the penalties are.  For example, those under the age of 21 may have their license suspended for six months on a first offense where someone over 21 would only lose their license for 90 days.  Simultaneously, those under 21 pay a reduced fee that is less than half of what adults pay. Additionally, convicted adults have to pay a fine for the next three years and may spend time in jail. A second DWI conviction can lead to a longer license suspension time, paying a higher fine, and needing to go to special classes. 

A key for avoiding these penalties is to work with an experienced DWI attorney that can negotiate the charges down to reckless driving and keep the DWI off of your permanent driving record.  This will help you financially by avoiding or reducing fines while keeping your insurance premiums down.  Additionally, a DWI charge can negatively impact your work relationships and ability to keep your job.  A lawyer can help you to avoid having these difficult conversations. 

The Law Office of Paul R. Berko specializes in New York DWI cases.  You can reach us for a consultation by calling, (516) 746-4211.

Adoption Proceedings and New York Family Law

If you are considering adoption, family law is a big part of that process.  This is a legal transaction and while the focus is on your new child, the documents need to be prepared correctly to protect both you and your child in the future.  Before you start the adoption process you should identify a family attorney that can be trusted to handle your case. 

According to the Child Welfare Information Gateway, approximately 135,000 children are adopted in the United States ever year.  This includes private adoptions, adoptions out of foster care, out of country adoptions, and more.  The majority of adoptions are private adoptions through attorneys, by step-parents, or agencies within the U.S.  This accounts for approximately 46 percent.  Another 41 percent come from the foster system, with only 13 percent being foreign adoptions.  Regardless of where a child is adopted from, the legal agreements need to be completed correctly.

On a state by state comparison, New York has a high number of adoptions every year.  In 2008, there were 8,524 adoptions in New York compared with 1,991 in Oregon.  Some of this could be related to adult population size but in general New Yorkers have been adopting a large number of children every year.  If you are looking to join the thousands of New Yorkers who have adopted a child it will require an expert at family law to ensure that the process goes smoothly.

When adopting a child there are several ways that the process can be completed legally.  It is important to know your options and consider each one carefully before making a decision.  An open adoption allows for the birth parents and adoptive parents to know about each other and communicate openly.  This allows for the birth parents to remain in the child’s life to a certain capacity after the adoption is complete.  In a closed adoption, the birth and adoptive parents do not know each other and there is no communication between the child and the birth parents.  Both types of adoptions have pros and cons.  In an open adoption, the new parents benefit from understanding things like family medical history but it also opens the door for future confusion of the child, depending on the depth of communication that remains ongoing.  A closed adoption means that the adoptive parents have the right to tell or hide the fact that the child was adopted in the first place, but if the child wants to learn about their birth parents they don’t have the ability to do so legally. 

Family law in New York is set up to include provisions in the adoption process that must be followed.  This is aimed at ensuring the protection and safety of the child and includes:

• Working with an agency.  A family must be agency certified as an adoptive family in order to initiate the process.  You must also attend an orientation.
• Complete an application with medical history.  There will be a state, and federal background check completed looking for any criminal history along with a check by the Statewide Central Register of Child Abuse and Maltreatment.
• Home study.  New York has included a home study process as part of their family law guidelines, and this must be completed prior to the adoption taking place. 
• Training.  There are training courses provided by adoption agencies that must be completed. 
• Work with a caseworker.  An adoption caseworker will help to identify a child that can be placed in your home and facilitate their visit prior to adoption. 
• Go through the court.  Once a child is living in your home, there is still around three months that will pass before the adoption is legal. During this time, there are several resources that are available to assist financially.  A New York attorney that is experienced in family law will petition the court for the adoption to be complete, and a hearing will be held to certify it. 

The Law Office of Paul R. Berko specializes in New York adoption cases.  You can reach us for a consultation by calling, (516) 746-4211.