What Is NY VTL § 1192(2-a), Aggravated DWI in New York? - Jason Bassett
Episode notes
From Law Offices of Jason Bassett, P.C. - What Is NY VTL § 1192(2-a), Aggravated DWI in New York? explores how Aggravated Driving While Intoxicated charges arise under New York Vehicle and Traffic Law § 1192(2-a), including cases involving a blood alcohol content of 0.18% or higher and allegations tied to Leandra’s Law. This episode explains how these charges differ from a standard DWI under VTL § 1192(2) and why they are treated more seriously in courts throughout Suffolk County, Nassau County, and across Long Island.
Listeners will learn how aggravated DWI cases can stem from either a high BAC chemical test or operating a vehicle while intoxicated or impaired by drugs with a child age 15 or younger in the vehicle. The discussion covers aggravated DWI per se under VTL § 1192(2-a)(a), the child passenger provision under VTL § 1192(2-a)(b), and the history behind Leandra’s Law following the death of Leandra Rosado on the Henry Hudson Parkway in New York City. It also explains the differences in fines, misdemeanor and Class E felony exposure, license revocation periods, ignition interlock device requirements, and plea bargaining restrictions compared with a standard DWI.
The episode also discusses defense strategies that may arise in aggravated DWI cases, including challenges to the legality of the traffic stop, breathalyzer maintenance and calibration, blood test procedures, and the administration of Standardized Field Sobriety Tests following National Highway Traffic Safety Administration guidelines. Additional topics include Miranda rights, medical conditions such as GERD that may affect breath test readings, and how evidence issues can influence negotiations with prosecutors.
Drawing on the background of Jason Bassett, Esq., a Suffolk County criminal defense lawyer and former prosecutor who has served as an Assistant District Attorney in Queens, Special Assistant Attorney General, Chief Deputy Commissioner for the Town of Islip Department of Public Safety Enforcement, and Principal Assistant County Attorney, this episode provides a clear overview of how aggravated DWI cases move through the courts. It also discusses what someone should do after an arrest, including documenting the traffic stop, understanding Prompt Suspension Law and Pringle hearings, and preparing for the legal process in Central Islip, Suffolk County, Nassau County, and throughout Long Island.
Law Offices of Jason Bassett, P.C.
320 Carleton Ave # 4200, Central Islip, NY 11722, United States
(631) 259-6060