What Is NY VTL 1192(3) – Common Law DWI? - Randall F. Inniss
Episode notes
From The Inniss Firm, PLLC - What Is NY VTL 1192(3) – Common Law DWI? explains how New York Vehicle and Traffic Law § 1192(3) applies when a driver is accused of operating a motor vehicle while in an intoxicated condition without the prosecution relying on a specific blood alcohol concentration. Attorney Randall F. Inniss discusses how Common Law DWI differs from per se DWI under VTL § 1192(2) and Driving While Ability Impaired under VTL § 1192(1).
This episode examines the evidence commonly used in a VTL 1192(3) case, including officer observations, field sobriety tests, dashcam footage, roadside statements, chemical-test issues, and allegations of breath-test refusal. It also reviews the Horizontal Gaze Nystagmus test, the walk-and-turn test, the one-leg stand test, and the importance of National Highway Traffic Safety Administration protocols.
Listeners will learn about potential penalties for a Common Law DWI conviction, including fines, jail exposure, license revocation, ignition interlock device requirements, court surcharges, New York Department of Motor Vehicles assessments, and the effect of a misdemeanor conviction on criminal background checks and professional licensing. The discussion also covers repeat offenses, felony DWI exposure, conditional licenses, the Impaired Driver Program, and the differences between a license suspension and revocation.
Randall F. Inniss also explains possible defense issues involving the legality of the traffic stop, Fourth Amendment protections, medical conditions, field sobriety testing errors, vehicle operation, and alternative explanations for alleged signs of intoxication. The Inniss Firm, PLLC serves clients in Suffern, Rockland County, Orange County, Westchester County, and throughout the Hudson Valley, including matters heard in Ramapo Town Court, Suffern Village Court, Rockland County Court, and Orange County Court.
The Inniss Firm, PLLC
400 Rella Blvd #165, Suffern, NY 10901
(845) 533-0265