D.W.I. Defense

Alcohol related driving offenses are very common and on the rise. This type of offense does not discriminate. Attorney Jason Henskee has represented teachers, students, truck drivers, business professionals, and people of all different backgrounds.

Police are always on the lookout for signs of driving while intoxicated. However most D.W.I. charges are initiated by an officer noticing a simple vehicle and traffic violation such as failure to maintain lane, a light out, failure to signal, improper passing, improper lane change, speeding, and numerous other possible vehicle and traffic violations.

If you’ve been charged with a D.W.I. then you are now familiar with the initial process including the officer’s investigation, questioning, field sobriety tests, booking, the breath test if taken, the temporary seizure of your vehicle, and receiving the documents for your next court date.

It is imperative to take immediate action after being charged with a D.W.I. There is a great deal of work to be done before the first court appearance. Your case must be assessed properly to address the arraignment or initial court appearance, the temporary suspension of your license pending prosecution, the possibility of bail, setting up an evaluation with an OASAS certified provider, and getting you the ability to drive for the essentials such as work, school, counseling, and medical appointments.

At the arraignment or initial court appearance the court is required by law to “suspend your license pending prosecution”. If you refused the breath test (the one at the station, not the road side) then your license will be suspended without the ability to obtain a hardship license and a D.M.V. refusal hearing must be scheduled within 15 days.

Attorney Jason Henskee prepares the applicable motion(s) and your case for the initial court appearance. At the initial court appearance Attorney Jason Henskee will enter a plea of not guilty on your behalf, obtain the accusatory and supporting documents, advocate for your ability to continuing driving for work, school, and medical appointments, advocate for your release without bail, and schedule the next court appearance to conference with the Assistant District Attorney assigned to the case.

Between the first and next scheduled court appearance Attorney Jason Henskee will keep you informed about the progress and status of your case including continued investigation, negotiations with the District Attorney’s Office, whether motions or a hearing are advisable, and what you can expect at the next court date.

Once a plan has been establish for your unique case the decision of whether to accept a plea offer or take your case to trial will be discussed at length. The decision of whether or not to accept a plea rests on numerous factors including your blood alcohol content (B.A.C.), prior history or lack thereof, the presence of an accident, your cooperation with the arresting officer, and the particular District Attorney Office’s plea policy.

Some D.W.I. cases will require a trial, especially if the District Attorney is unwilling to offer an acceptable plea agreement. Attorney Jason Henskee has handled and continues to handle numerous D.W.I. trials throughout the various courts in Erie, Wyoming, Niagara, and Genesee Counties.

Courts in Wyoming County such as Attica, Warsaw, Bennington, Castile, North Java, Eagle, Gainesville, Genesee Falls, Middlebury, Orangeville, Perry, Pike, Sheldon, and Wethersfield each have different judges, different Assistant District Attorneys, and ways of conducting D.W.I. trials.

The same holds true for the City of Buffalo and Lackawanna and the township of Alden, Amherst, Aurora, Boston, Brant, Cheektowaga, Clarence, Colden, Collins, Concord, Eden, Elma, Evans, Grand Island, Hamburg, Holland, Lancaster, Marilla, Newstead, North Collins, Orchard Park, Sardinia, Tonawanda, Wales, and West Seneca.

In one court you may be able to get your D.W.I. reduced to a driving while ability impaired (D.W.A.I.) conviction even with a relatively high B.A.C. In other courts other options may have to be explored.

The consequences of a D.W.I. conviction are abundant. A D.W.I. conviction results in fines, surcharges, license suspension or revocation, possible requirement of having an ignition interlock device, possible treatment requirements, attendance at a Victim Impact Panel, taking a seven week Drinking Driver Course, possible effects on employment, and being restricted from entry into Canada for a period of between 5 and 10 years.

The New York Department of Motor Vehicles has now imposed some of the most harshest licensing penalties in the country. The D.M.V. will now look at an individual’s entire driving history before determining whether or not the person can be reissued a license. The look back period depending on one’s case is either 25 years or their entire driving history.

Three or more alcohol related driving convictions in 25 years could result in a loss of license for five years plus the period of time for the current underlying conviction plus another 5 years of a restricted license with a mandatory Ignition Interlock Device required in any vehicle owned or operated by the individual.

The cost of a D.W.I. charge is substantial. It is perhaps one of the most expensive type of offenses financially. After adding up fines, surcharges, licensing fees, D.M.V. fees, driving course and victim impact panel courses, insurance rates, towing of vehicle, treatment costs, ignition interlock device if required, and attorney fees you could be spending between $3,000 to $6,000 for a first offense.

Attorney Jason Henskee uses his knowledge and experience to obtain results and minimize the consequences of a D.W.I. He is also understanding of the costs associated with a D.W.I. and respects that each client has a different financial status and financial responsibilities.

Attorney fees for D.W.I.’s vary throughout Erie, Wyoming, and Genesee counties. Like most things you get what you pay for. Attorney Jason Henskee provides quality and experienced representation at reasonable rates. Payment plans are available so you can pay over time and continue to meet your other financial obligations.

If you are visiting this website then most likely you, a friend, or a family member has been charged with a D.W.I. and are now looking for the right attorney to handle the case. The experience of a D.W.I. arrest can be overwhelming. Individuals arrested for this type of offense experience a range of emotions and find themselves worrying and obsessing about their charges.

Attorney Jason Henskee addresses a potential client’s concerns and worries at the initial consultation. While you will receive direct, specific, and accurate answers to your questions, Attorney Jason Henskee will also provide you with information and an analysis of your case that should leave you feeling much better than when you first arrived.