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You were walking through a store, just trying to shop, when a patch of water on the floor sent you sprawling. If there were no warning signs posted, who pays for your losses from injury and missed work? It depends on the precise circumstances, and it's always wise to talk to a slip-and-fall lawyer here in Central Islip, NY as soon as possible to discover what all your options are and whether it's likely you have a claim against the store. The Store's Duty Since stores invite the public in to shop, they have the highest legal duty under the law towards their visitors. They must keep the floors reasonably safe for customers by regularly inspecting them and fixing or warning visitors of hazards immediately. When a wet spot appears and no one posts a sign or cleans it up, the store can be held responsible if that condition causes an injury, if the store either created the hazard, knew about it and did nothing, or should have known about it and did nothing. Examples Store Created the Issue: A store employee mops an aisle and then walks away without placing a “wet floor” sign. The store has created the danger, even if the manager isn't aware that the employee did this. If you slip on the freshly mopped aisle, the store is liable. Store Knew About the Issue: A customer spills a cup of coffee in an aisle and then goes to the front to let the manager know. The store has actual knowledge of the situation and must act. If you slip during the narrow window of time between the spill and the report (in other words, nearly immediately after it), the store is likely not liable. But if you were to slip 20 minutes later, they likely would be. Store Should Have Known About the Issue: A customer spills a cup of coffee but does not tell the manager, and neither does anyone else. Now it all depends on how long the spill sits there. Constructive knowledge of a situation means the store should have known about it as a result of doing reasonable and normal inspections. The condition must be visible and must have existed long enough for employees to discover and correct it for the store to be liable. How Your Central Islip, NY Slip-and-Fall Lawyer Proves Liability Proof usually comes from compiling and then effectively using: Photos of the area Video footage Witness statements Store records about cleanup and inspection schedules Incident reports filed at the scene Medical records that connect your injuries to the fall All these pieces together can be used to demonstrate that the store either created the wet floor or had enough time to act yet failed to warn of the hazard or clean it up. Talk Through Your Case If you've slipped in a store and been injured, contact the Law Firm of Michael R. Franzese in Central Islip or Mineola, NY for a free consultation. We serve clients throughout Nassau County and across Long Island and have more than 30 years of experience in successful personal injury claims.

When someone suffers a brain injury in an accident caused by the negligence of another, the strength of their claim often depends heavily on how thoroughly, consistently, and promptly the effects of the injury get recorded, and right from the earliest moments. Clear, organized documentation helps establish the connection between the incident and all ongoing symptoms and shows the full scope of the damage the victim has suffered. And it's the job of your Mineola, NY traumatic brain injury attorney to put all your evidence together to produce a strong claim. Build a Strong, Usable Personal Record from the First Day Even if you're in the stage where you're hoping it's no big deal, it's a wise move to record all early symptoms, even if they seem mild or intermittent. Many consequences of a brain injury surface or intensify over the days and weeks rather than appearing all at once. Start a simple, daily log that notes the date and exactly what the specific symptoms are, like headaches, memory lapses, dizziness, sensitivity to light or noise, mood shifts, or problems with concentration. Also record what activities trigger or worsen them and how they interfere with normal routines. Keep Medical Evidence in One Place Collect and organize every piece of medical evidence into one dedicated, easily accessible file. It doesn't matter too much whether this is physical folders or a secure digital system, and you might do both if you've got some things on paper and some in online files. Always include: Emergency room and hospital records All imaging results Notes from visiting physicians and specialists Prescriptions and medication lists Therapy or rehabilitation records Any neuropsychological or cognitive testing reports Gather All Accident Information Create a separate but equally organized file for the accident itself: The police or incident report Names and contact information for witnesses Photographs of the scene or vehicle damage Copies of all correspondence with insurance companies All correspondence from other parties related to the accident Track Finances Carefully Record every medical bill and explanation of benefits, even those that ultimately get paid by insurance, along with things like your mileage to and from doctor appointments, all lost wages or reduced work hours, and receipts for out-of-pocket expenses you've paid for medications, medical equipment, home modifications, or hired help. If your ability to perform your job has changed and you've missed time, have reduced productivity, have had to go on modified duties, or even been unable to work entirely, be sure to document the timeline of all this with pay stubs, communications from your employer, performance reviews, or statements from coworkers or supervisors. Talk With a Mineola, NY Traumatic Brain Injury Attorney If you or a loved one has experienced a brain injury, call the Law Firm of Michael R. Franzese in Mineola, NY at 516-963-0545. We also have an office in West Islip. Michael R. Franzese has been protecting the rights of people in Nassau County, Suffolk County, and the Five Boroughs for over 30 years.

If you're facing charges for possession of a controlled substance here in Mineola, NY, talk to a drug charges lawyer as soon as you can to get started on building a strong defense. Defenses Your Drug Charges Lawyer in Mineola, NY May Use Lack of Knowledge One of the strongest defenses you can bring challenges the requirement that the prosecutor show you “knowingly” possessed the substance. The law does not punish you for accidentally being around drugs, so if the drugs were hidden in a borrowed car, a shared apartment, or a bag you had no idea contained anything illegal, you can argue lack of knowledge. This defense forces the prosecutor to prove you knew you had the drugs, which is often harder than it sounds when the evidence is thin. Challenging the Search and Arrest Police must follow constitutional rules when they search you, your car, or your home. There are only three reasons they can do so: They had probable cause They had a valid warrant They had reasonable suspicion that a crime was being committed/had been committed If you can show that the police lacked one of these three justifications, then any evidence they recovered may be thrown out. Your lawyer will file a suppression motion, and the judge will hold a hearing to decide whether the search was lawful. If it wasn't, the drugs themselves can't be used in the case. Many cases end right here because, without the drugs, the prosecutor has no case. Errors in How the Drugs Were Handled The drugs taken from you or your property must be properly identified as a controlled drug, the weight must match the degree of the charge being brought against you, and the drugs themselves must be accounted for from the moment they were seized to the moment they're used in court. Mistakes do happen in testing, labeling, or storage, however, and if the lab report is incomplete, the sample was contaminated, or the weight is not what was initially claimed, you can move to reduce or dismiss the charge. You Fall Under a NY Special Exception New York has a few specific protections. For seventh-degree possession, for example, you cannot be convicted if the drugs were a residual amount inside a syringe obtained through a legal exchange program. The 911 Good Samaritan Law also shields you from possession charges if officers discover the substance while you or someone else is seeking emergency medical help for a drug or alcohol overdose. This protection covers you for possessing amounts up to the A-2 felony level (anything under eight ounces) You do not have to figure this out alone, and there are more options for defense than we can list here. The right defense strategy can make the difference between a conviction and a clean slate, but the most important thing is to work with a skilled and experienced lawyer. Call the Law Firm of Michael R. Franzese in Mineola, NY right away to get started. We serve clients throughout Nassau County and Long Island.

Can a single argument with your partner actually result in a domestic violence charge here in Mineola, NY? It can, though it typically doesn't. There usually needs to be more than just an argument with words, but you'll need to talk to a domestic violence attorney to understand and protect your rights. New York and Domestic Violence New York does not treat domestic violence as its own separate crime. Instead, it looks at certain acts that happen between family or household members to see if they qualify as family offenses under state law. Who Counts as "Family?" Family is defined broadly for the purposes of these laws and covers all current and former intimate partners, all blood relatives, any people who are living together currently, and anyone who shares a child in common. When Does Behavior During an Argument Cross into a Family Offense? A plain verbal disagreement rarely leads to charges on its own, but if the argument includes actions that fit specific Penal Law violations, then a domestic violence charge can be applied. Disorderly Conduct Disorderly conduct is one of the most common ways a heated argument could end up being a domestic violence charge. Under Penal Law 240.20, you can face this charge for engaging in violent, tumultuous, or threatening behavior or for making unreasonable noise that serves no legitimate purpose. Harrassment Harassment in the second degree often comes up in these situations, too. This is defined as striking, shoving, or subjecting someone to physical contact with the intent to harass, annoy, or alarm them. It also applies if you attempt or threaten such contact. This means just a single push or a direct threat to hurt someone, made during an argument, can meet the standard. No serious injury is needed. Menacing Menacing can be a charge if you intentionally place or try to place your partner in reasonable fear that you're going to physically injure them. This can happen through words combined with gestures or if you raise your voice to such a degree that the other person believes harm is coming. Assault Assault charges require more than words. A third-degree assault charge can be applied if you cause physical injury, even if it is only pain from a slap or grab during the argument. If the contact leaves a mark or causes pain that a reasonable person would feel, it can support a charge. How a Domestic Violence Attorney Can Help Defending these cases starts with looking closely at exactly what happened during that argument. Did the words or actions truly meet the legal requirements to be called what they are? Was self-defense involved? Was the report exaggerated or false? Evidence like text messages, witness statements from neighbors, or even recordings can make a big difference, and every detail matters. Your lawyer knows what to look for and how to use it for your defence. If you have been charged with DV after a single argument, contact the Law Firm of Michael R. Franzese in Mineola or Central Islip today for help.

Navigating the legal landscape can be daunting, especially when dealing with criminal charges. In Nassau County, understanding common criminal charges and knowing how a defense attorney can help is crucial. This guide will provide clarity on these charges and the role of a defense attorney in upholding your rights. Common Criminal Charges in Nassau County DUI/DWI (Driving Under the Influence/Driving While Intoxicated) One of the most frequent charges, DUI/DWI can lead to severe penalties, including license suspension, fines, and even jail time. Nassau County law enforcement takes these offenses seriously, aiming to reduce impaired driving incidents. Drug-Related Charges Drug possession, distribution, and manufacturing are significant concerns. Charges can range from misdemeanors to felonies, depending on the substance and quantity involved. Nassau County's proximity to major urban areas makes it a focal point for drug enforcement. Assault and Battery These charges can arise from various situations, including domestic disputes and altercations. They can carry hefty penalties, especially if weapons are involved or if there is significant bodily harm. Theft and Burglary Charges related to theft and burglary can vary widely, from shoplifting to home invasions. Penalties depend on the value of the stolen property and the circumstances of the crime. White Collar Crimes Fraud, embezzlement, and identity theft fall under this category. These crimes often involve complex investigations and can result in severe financial penalties and imprisonment. How a Defense Attorney Can Help A defense attorney becomes your advocate, guiding you through the complexities of the legal system. Here’s how they can assist: Case Evaluation and Strategy A seasoned defense attorney will analyze the details of your case, identifying weaknesses in the prosecution's argument and crafting a robust defense strategy tailored to your situation. Protecting Your Rights An attorney ensures that your rights are upheld throughout the legal process, from arrest to trial. They will challenge any evidence obtained unlawfully and argue for fair treatment. Negotiating Plea Deals In some cases, a plea deal may be the best option. An experienced attorney can negotiate with prosecutors to reduce charges or secure a more favorable sentence. Representation in Court Should your case go to trial, having a skilled attorney by your side is invaluable. They will present your case persuasively, cross-examine witnesses, and strive to achieve the best possible outcome. Conclusion Facing criminal charges in Nassau County can be overwhelming, but you don't have to navigate it alone. The Law Firm of Michael R. Franzese is dedicated to providing expert legal representation, ensuring your rights are protected every step of the way. If you or a loved one is dealing with criminal charges, don't hesitate to contact us for a consultation and let our experienced team help guide you through these challenging times. This comprehensive overview should equip you with a better understanding of criminal charges in Nassau County and the vital role a defense attorney plays in protecting your rights and interests.

If Uber or Lyft won't cooperate after a crash, you need to move quickly. A lot of the data that might be important to your case, like the "black box" data from the car or information the company holds on the driver, could "disappear" if you wait too long. Call a Central Islip, NY rideshare accident lawyer right away to make sure you're exploring all your rights. What Should You Do If Uber or Lyft Won't Cooperate After a Central Islip, NY Crash? Make Sure There Are Official Reports and Records Call the police if you haven't already, as the police report will be a neutral record of what happened and will include some basic demographic info you'll need for a claim, like the driver's name, vehicle details, and any citations. Take clear photos of vehicle damage, road conditions, traffic signals, and skid marks. Screenshot the Uber or Lyft app showing your ride status, the driver's name, and your trip time. Note the exact time the driver was logged in, because that is going to be very important to determining which insurance layer applies.Finally, report the crash directly to Uber or Lyft through their apps or official forms, and be sure to save any confirmation emails and reference numbers you're given. If the company ignores your report or fails to assign a claims handler within a reasonable time, note every attempt you made to deal with them, including the dates and times of all calls or messages. Consult a Rideshare Accident Lawyer When Uber or Lyft refuses to cooperate, they usually employ certain  tactics that have worked for them in the past to make accidents like these "go away." These tactics are designed to delay and make you give up, and they can include: Slow responses Repeated requests for the same documents Outright denial without explanation Denying the driver's status or the ride's status Work with an attorney who has experience dealing with these companies. Your attorney will thus know all about these tactics and how to deal with them. Protecting You Do not accept a low settlement offer or give a recorded statement to an adjuster without your lawyer's advice. You may also need to file a complaint with the New York Department of Financial Services if the company violates its obligations under the Transportation Network Company law, and your lawyer can help you do this if the rideshare isn't cooperating. This sometimes prompts faster action and can resolve things without having to go as far as a lawsuit. Fighting for You Your lawyer can also send a formal preservation letter demanding that Uber or Lyft save the GPS data, driver logs, dash-cam video, and insurance policy details before anything gets deleted. These letters carry legal weight, and if the company continues to stonewall, your lawyer can file a lawsuit against the driver and the rideshare company.If Uber or Lyft won't cooperate after your crash, contact the Law Firm of Michael R. Franzese in Central Islip or Mineola today for a free consultation.

If you were the victim of a hit-and-run accident here in New York, things can be complicated. Our state does have a no-fault insurance system, which means that your own insurance would be covering you anyway, even if it wasn't a hit-and-run. However, if your injuries exceed the state's "serious injury threshold," you are allowed to bring a claim against the at-fault driver for additional compensation beyond your no-fault benefits. But if you don't have insurance information, what should you do? Talk to a personal injury attorney in Mineola, NY right away to protect your rights. How a Mineola, NY Personal Injury Attorney Can Help After a Hit-and-Run Compensation Options with Limited Information When the at-fault driver cannot be identified or lacks sufficient insurance, New York provides protections through: Uninsured/Underinsured Motorist (UM/UIM) Coverage This is mandatory for all New York auto policies and must match your liability limits. It covers medical bills, lost wages, and other damages in hit-and-run scenarios where the driver is unknown or uninsured. Motor Vehicle Accident Indemnification Corporation (MVAIC) Established under New York Insurance Law, MVAIC is a safety net for qualified victims. New York residents without access to other insurance, such as uninsured pedestrians or those not covered by a household policy, may be able to get no-fault benefits for hit-and-run cases. Collision Coverage Collision coverage from your policy may also cover your vehicle repairs, but it often requires a deductible. How an Attorney Can Help An experienced attorney will be invaluable to you in this complicated case. First, you can expect your attorney to conduct an independent investigation to try to identify the hit-and-run driver. These cases are not always a priority for the police, so your lawyer may be able to turn something up even when the police can't. But even if your lawyer can't find the driver through this investigation, they will gather important info that you'll use to fill and file insurance or MVAIC claims correctly, soyou can get compensation quickly and minimize the chance of a denial. Your lawyer can also file and manage your claims, including making sure that all supporting paperwork is provided and keeping your claim moving. Your lawyer can also deal with any denial and with negotiations with insurance companies. Your attorney will also help you identify and pursue every potential avenue of compensation. If the driver is found, your lawyer can help you bring a lawsuit against them directly if that's necessary. Although it's rare, your lawyer can also help you with bringing a lawsuit against an insurer if they will not honor the policy they have with you. Talk to a Lawyer Quickly In all car accidents, but particularly in a hit-and-run, speed is crucial. The faster your attorney can get to work, the better and stronger your claim will be. Contact the Law Firm of Michael R. Franzese in Mineola right away to request a free consultation.

Rear-end crashes happen often on our busy roads, and figuring out who caused the crash matters a lot for insurance claims. Talk to a Mineola, NY car accident lawyer who works with these cases regularly. An experienced lawyer will make sure you're compiling the evidence that counts most to protect your rights. The Presumption of Fault in Rear-End Crashes Drivers who hit another vehicle from behind usually have liability, as New York Vehicle and Traffic Law Section 1129 explains that a driver must not follow another vehicle more closely than is reasonable, considering speed, traffic, and road conditions. This means the driver in the rear is presumed to be negligent in a rear-end hit. Studies from the National Highway Traffic Safety Administration (NHTSA) show that rear-end crashes make up about 29% of all collisions, and an NHTSA analysis of real-world driving data shows that drivers who follow too closely or fail to brake in time because they're distracted cause most of these incidents. Proving fault starts with gathering the right evidence to either overcome or support this basic presumption. Evidence Your Mineola, NY Car Accident Lawyer Will Use Police Reports When officers arrive at a crash, they create a report about what they see and hear and an analysis of their opinion about fault. While this isn't the final word, it does carry weight with both courts and insurance companies. You and your lawyer will need to review the report carefully and gather more proof if it doesn't match what happened. Witness Statements A witness might be able to say the front car had working brake lights and stopped normally (or not) or that the rear vehicle sped up just before impact (or not). These kinds of statements help when drivers give conflicting stories. To use this evidence well, you'll want to get the contact information from witnesses right away, if they're willing to give it, and have your lawyer talk to them and get an official statement as soon as possible, while the memories are still fresh. Photographic and Video Evidence Videos can show what happened, and photos can show damage patterns that reveal impact force and the direction of the vehicles. Videos from dashcams, traffic cameras, or nearby businesses can show the moments leading up to the crash. This visual proof is difficult to dispute, so take photos of the vehicle positions, road marks, and weather conditions right after the incident and note the location of any video cameras (like traffic or security cams) so your lawyer can work on getting the footage. Vehicle Data Recorders Many cars have event data recorders, or black boxes, that log speed, braking events, and seatbelt use in the seconds before a crash. This data can prove if the rear driver accelerated or failed to brake or if the front driver suddenly slammed on the brakes and failed to signal. Strong evidence is needed to prove fault, and we know how to help you find it. If you've been in a rear-end crash, talk to us at the Law Firm of Michael R. Franzese today. We provide legal services to people throughout Nassau County and across Long Island.

If you’ve been hurt in an accident in Mineola, NY, your first priority should be your health and recovery. At the same time, it’s important to understand that New York law limits how long you have to pursue compensation for your injuries. Missing a deadline can permanently prevent you from filing a claim, even if someone else was clearly at fault. Knowing how these time limits work can help protect your rights and avoid costly mistakes. What Is the Statute of Limitations for Personal Injury in New York? In most personal injury cases, New York law gives injured individuals three years from the date of the accident to file a lawsuit. This deadline applies to many common claims, including car accidents, slip and fall injuries, pedestrian accidents, dog bites, and other negligence-related cases. If a lawsuit is not filed within this time frame, the court will typically dismiss the case, and the injured person loses the right to seek compensation. Are There Cases With Shorter Deadlines? Yes. While three years is the general rule, certain types of personal injury cases have much shorter deadlines. Claims involving government entities are one of the most common examples. If your injury occurred on public property or involved a city, county, or state agency, you may be required to file a Notice of Claim within as little as 90 days. These cases are especially time-sensitive for Mineola residents because Nassau County offices, buildings, and roadways often fall under government jurisdiction. Medical malpractice cases also follow different rules. In many situations, the deadline is two years and six months rather than three years. These cases are complex, and determining the correct filing deadline often requires legal analysis. Wrongful death claims generally must be filed within two years from the date of death, not the date of the accident that caused the fatal injury. When Does the Filing Deadline Begin? For most personal injury claims, the statute of limitations begins on the date the injury occurred. However, there are limited exceptions. Some injuries are not immediately discovered, and certain claims involving minors or medical negligence may follow different timing rules. Because these exceptions are narrow and highly fact-specific, it’s risky to assume extra time applies. A personal injury attorney can determine exactly when your filing deadline starts and ends. Why Waiting Can Hurt Your Case Even if you are still within the legal time limit, waiting too long to act can weaken your claim. Evidence can be lost, witnesses may become difficult to locate, and memories fade. Surveillance footage and records are often deleted long before the statute of limitations expires. Insurance companies are also quick to protect their own interests. The longer you wait, the more leverage they may gain. Acting early allows your attorney to preserve evidence, build a strong case, and protect you from tactics designed to reduce or deny your claim. What Happens If You Miss the Deadline? If a personal injury lawsuit is filed after the statute of limitations expires, the court will almost always dismiss the case. This means you could lose the opportunity to recover compensation for medical expenses, lost income, pain and suffering, and other damages, regardless of how serious your injuries are. Speak With a Mineola, NY Personal Injury Attorney Understanding how long you have to file a personal injury claim is critical, but every case is different. The deadline that applies to your situation may not be obvious without legal guidance. If you were injured in Mineola or elsewhere in Nassau County, contacting a personal injury attorney sooner rather than later can help protect your rights. A lawyer can review your case, identify all applicable deadlines, and take immediate steps to preserve your claim while your options are still available.

If you're stopped here in Mineola, NY, you do have some rights as well as responsibilities. And if you're being charged with a DWI, you'll want to exercise one of your most important rights immediately: your right to talk with a DWI attorney. What Rights Do You Have During a Mineola, NY DWI Stop? The Right Not to Volunteer Information As soon as they pull you over, the police may try to get you talking. You do have to answer basic questions about who you are, and you do have to show your license and the registration, and proof of insurance on your car, but you don't have to volunteer anything else. If you're asked questions like, "Do you know why I stopped you?" simply say, "No." You don't have to answer whether you've been drinking or not, nor do you have to tell the police where you're going, what you've been doing, etc. more The Right to Refuse a Search If the police ask to search you or your car, always tell them no. Now, if the police have reasonable cause to believe that you're committing a crime, such as if they smell marijuana or see an open container of alcohol next to you in the car, then they can search without your consent. But always tell them no, anyway. Be polite, but just say you do not give your permission for a search. That way, even if they think they have probable cause, your lawyer can challenge it later. And if it turns out they didn't have a good reason, they won't be able to turn around and say that it doesn't matter, as you told them it was all right to search. The Right to a Lawyer If you're arrested, you have the right to legal help, and you have the right not to say anything once you've been arrested without your lawyer present. If they take that step, immediately say that you want a lawyer and answer all questions they ask you with that same response: I want to talk to a lawyer. The Right to Refuse a Breathalyzer Test (Sort of) This is a tricky one. Technically, you can refuse to take a breathalyzer test. However, if you do, you will probably be arrested, and you will definitely lose your license and be fined, even if you're not charged with a DWI. That's because of New York's implied consent laws. By getting a driver's license in the first place, you give your consent to taking a breathalyzer test when asked and agree to penalties if you refuse. Right to Refuse a Field Sobriety Test If the police ask you to get out of your car and do a field sobriety test, you have the right to refuse, and you don't have to worry about losing your license over this. However, if you refuse that test, they will almost certainly want you to take a breathalyzer test. Call a DWI Attorney Now If you've been arrested for a DWI, don't wait to get protection. Call the Law Firm of Michael R. Franzese in Mineola, NY at 516-963-0545 right away.

Public spaces like parks, sidewalks, subway stations and government buildings are used by New Yorkers every day. When these areas are not properly maintained, serious accidents can happen. Property owners, including public entities, may be held responsible if poor maintenance results in an injury. Let’s explore this topic. Common examples of inadequate maintenance Inadequate maintenance can take many forms. Some of the most common include: Cracked or uneven sidewalks Broken stairs or handrails Poor lighting in stairwells or walkways Potholes in parking lots or roadways Loose tiles or floorboards Debris or spills left uncleaned These issues can develop over time if public areas are not regularly inspected and repaired. Hazards like these often go unnoticed or unaddressed for too long. Common injuries that can occur Hazards in poorly maintained areas often lead to slip-and-fall or trip-and-fall accidents. People may also suffer injuries from falling objects, broken fixtures or unsafe structures. Common injuries include: Sprains and fractures Head injuries Back and neck pain Cuts or lacerations These injuries have the potential to be mild or very serious, depending on the nature of the hazard and the person’s age or physical condition. When property owners may be liable Under New York law, property owners, including municipalities, must maintain their premises to a reasonably safe standard. If they knew or should have reasonably known about a hazard and failed to fix it in a timely manner, they may be held liable for injuries. However, there are strict notice requirements when a government entity is involved. Injury claims involving public property in New York often require filing a notice of claim within 90 days, making it important to understand your rights as early as possible.

Driving while intoxicated (DWI) charges are somewhat common. Many people face misdemeanor charges after a drunk driving arrest. People may be dismissive about the impact of misdemeanor charges and may plead guilty instead of taking the case to trial. Their perspective could shift if the state brings a felony DWI charge against them instead. There are a handful of scenarios in which felony charges are possible in a DWI case. Defendants then face more serious penalties and a lifetime with a felony criminal record. When can drunk driving become a felony offense in New York? When the driver has prior convictions A prior DWI from within the last decade is an aggravating factor in a DWI case. Prosecutors can bring felony charges against those who have a previous conviction from within the last 10 years. When a driver has children in the vehicle The state may pursue felony charges against motorists who endangered a passenger under the age of 16 by driving drunk. Young people generally cannot prevent caregivers or parents from transporting them after drinking and may not even realize that the adult is not safe to drive. They cannot advocate for themselves the way that older passengers can. When others get hurt If a DWI incident results in a crash, the felony charges could follow. State law allows for felony charges when drunk drivers injure others or cause fatal collisions. Other aggravating factors, including having exceptionally high alcohol levels, may also lead to felony DWI charges and enhanced penalties. Fighting back against DWI charges requires an understanding of the law and an evaluation of the state’s case. Those facing felony charges have had extra incentive to partner with a criminal defense attorney instead of pleading guilty.