Traffic Lawyers Bronx: DWI Hit and Run Probation

The driver operated a passenger vehicle during evening hours and collided with another vehicle stopped at a traffic signal. The impact caused physical injury to the other motorist.

The driver left before law enforcement arrived. Police later identified the vehicle and conducted a chemical test pursuant to New York Vehicle and Traffic Law § 1194. The reported blood alcohol concentration exceeded 0.18 percent, supporting an Aggravated Driving While Intoxicated charge under New York Vehicle and Traffic Law § 1192 subdivision 2 a.

The driver had a prior alcohol related conviction within the statutory lookback period. Under New York Vehicle and Traffic Law § 1193 subdivision 1 c, a repeat DWI offense within ten years may be prosecuted as a felony.

Felony classification substantially increases sentencing exposure. The court may impose imprisonment, significant fines, mandatory ignition interlock installation under § 1198, and extended license revocation. Bronx Traffic lawyers must carefully analyze whether the prior offense qualifies as a predicate conviction under the statute.

New York Vehicle and Traffic Law § 600 subdivision 2 requires a driver involved in an accident causing personal injury to stop, provide identifying information, and report the incident. Failure to comply constitutes a felony when injury results.

The statute requires proof that the driver knew or had reason to know that personal injury occurred. Establishing this knowledge element is often central to the prosecution’s burden.

In certain cases, prosecutors may examine New York Penal Law § 120.20, which addresses Reckless Endangerment. That provision requires proof that the driver consciously disregarded a substantial risk of serious physical injury.

Defense counsel must evaluate whether the facts legally support separate Penal Law liability or whether prosecution should remain confined to Vehicle and Traffic Law charges. Bronx Traffic lawyers focus on limiting cumulative felony exposure.

The driver accepted responsibility and entered a plea. Restitution was paid for medical expenses and property damage. The driver enrolled in an alcohol treatment program consistent with New York Vehicle and Traffic Law § 1196.

Defense counsel submitted documentation showing employment stability and family responsibilities. Character letters were presented to demonstrate community ties. The defense emphasized that the departure distance was limited and that the driver did not permanently evade identification.

Under New York Penal Law § 65.00, a court may impose probation for certain felony convictions when authorized by statute. After reviewing aggravating and mitigating circumstances, the court imposed probation rather than incarceration.

The court ordered ignition interlock installation under § 1198, ongoing alcohol treatment compliance, and supervisory conditions. This structured probationary sentence avoided imprisonment while ensuring accountability. Bronx Traffic lawyers pursue similar outcomes when supported by law and mitigation evidence.

Defense counsel reviewed chemical testing procedures under § 1194, including calibration records and compliance requirements. Body camera footage and accident reconstruction materials were examined.

If probable cause or testing procedures are defective, suppression motions may be filed under applicable Criminal Procedure Law provisions. Careful evidentiary analysis may significantly alter prosecutorial leverage.

Repeat DWI cases involve both criminal sentencing and administrative consequences. Counsel advises clients regarding ignition interlock obligations under § 1198 and license restoration requirements before the Department of Motor Vehicles.

Bronx Traffic lawyers treat these matters as both criminal and regulatory proceedings. With proper preparation, mitigation strategy, and statutory precision, similar cases may qualify for probationary outcomes rather than incarceration. Each matter requires individualized evaluation under New York law.