Car Accident Lawyer in Staten Island DUI Hit Run Probation

The client was a professional driver residing in Staten Island with a prior alcohol related driving offense within the statutory lookback period. 

On the evening in question, the client consumed alcohol during a social dinner at a local restaurant and later decided to drive after mistakenly believing the effects of alcohol had subsided. 

While operating a passenger vehicle in a residential area, the client struck a fixed roadway structure, specifically a concrete median divider, causing property damage. 

Panicked and disoriented, the client left the scene without notifying law enforcement or property authorities, triggering a hit and run investigation.

Subsequent police involvement resulted in chemical testing that revealed a blood alcohol concentration of 0.096 percent, exceeding the legal limit under New York law. 

The client faced prosecution under VTL §1192(2) for driving while intoxicated per se and VTL §600(1)(a) for leaving the scene of an accident involving property damage. 

Because the client had a prior DWI conviction within ten years, the case carried the potential to be charged as a felony under Vehicle and Traffic Law §1193(1)(c)(i), depending on the nature and timing of the prior conviction, exposing the client to significantly enhanced penalties, including possible incarceration, extended license revocation, and mandatory fines. 

Although the incident did not involve bodily injury, New York courts treat hit and run conduct as an aggravating factor reflecting consciousness of guilt, which can influence sentencing outcomes even in misdemeanor level cases. 

Counsel emphasized that the client voluntarily sold the vehicle involved in the incident, eliminating future risk of reoffense. 

This action was presented as a concrete step beyond verbal remorse, signaling genuine behavioral change to the court. 

In addition, the defense highlighted the client’s prompt enrollment in alcohol education and compliance with all pretrial supervision conditions, aligning with New York’s policy preference for rehabilitation over incarceration in non injury cases. 

The defense further demonstrated that the client fully reimbursed the responsible municipal authority for the damaged roadway infrastructure, satisfying restitution obligations under New York law. 

While acknowledging the prior DWI conviction, counsel contextualized it as a non violent offense resolved by a fine, with no intervening criminal history. 

This distinction was critical in persuading the court that the client did not pose an ongoing danger to public safety. 

This case demonstrates how early involvement of a car accident lawyer in Staten Island can substantially alter the trajectory of a DUI hit and run case. 

By addressing New York Vehicle and Traffic Law requirements proactively and presenting credible mitigation, even defendants facing repeat-offense exposure and potential felony-level charges may, in appropriate cases, avoid incarceration. 

For individuals facing similar allegations, timely legal guidance is essential to protecting liberty and long term driving privileges under New York law.