Ithaca Penn Yan DWI lawyer: Motorcycling While Intoxicated and your Privilege to Drive in New York

Sons of Anarchy

Motorcycling While Intoxicated and

your Privilege to Drive in New York

Whether you are from Canada or from any of the United States getting pulled over for a Motorcycle DWI in New York called an MWI (motorcycling while intoxicated) will lead to a suspension of your automobile driving privileges. 

There is a reciprocity of sorts between driving privileges, and riding privileges. I'm going to break it down into three easy chunks:

1. In New York State any motorized vehicle under NYS VTL section 1192 (our DWI laws) includes a motor bike, golf cart, snow mobile, or scooter.  

If it has an electric motor or a gas powered motor or even I guess a solar powered motor (it is Ithaca), anything beyond animal power is the key here. So in New York State it is ok to ride a horse or ride an animal pulled carriage or a bicycle after having a few drinks. I would not certain not endanger people by riding in that fashion but it doesn't break any major laws. Don't laugh about this because some states make it a crime to ride a bicycle or a horse while drunk.

2. Then the rider or operator must not be under the influence (impaired or intoxicated) by drugs and/or alcohol.

3. If you are charged with any DWI while on a scooter, golf cart, or motorcycle then it will lead to your driver's license privilege suspension by the court and/or DMV.

Some caveats:

1. If you refuse to take a chemical test of your blood or breath then that will lead to a court suspension and potential DMV revocation of driving privileges

2. If you take a chemical test and it is over .08 BAC (blood alcohol content) then the court must suspend your NYS driving privileges, and all other privileges including motorcycling.

3. If you are charged with a DWAI drugs then there will not be an immediate court suspension of driving privileges unless the judge decides you are a danger to yourself and others.

4. New York State judges only have power over NYS driving and riding privileges not over out-of-state driving and riding privileges. Your out-of-state license whether for a car or a motorcycle will still be in affect while your NYS matter is pending. 

5. At the conclusion of your New York State DWI or MWI case the NYS suspension or revocation will usually get back to your home state or Canada.
Depending upon the state of your driver's license they may or may not take additional action upon your driving or riding privileges.   

If you have questions about a DWI case in NY, call 

us: 607-229-5184

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.

*Attorney advertising

Ithaca Cortland DWI lawyer: Motorcycling While Intoxicated charges in New York

Welcome to Ithaca and Tompkins County, NY sign on Route 13
-Newman & Cyr, The DWI Attorneys

Motorcycling While Intoxicated 

charges in New York! 

A Biker's DWI

Motorcycling is even more demanding than driving a car. It requires continually maintaining balance, and a complete focus on the road. Unfortunately for a cyclist, even minor road debris, surface imperfection (pot holes), or loose gravel can shake a rider at 50 mph. If we add in any drugs and/or alcohol to the mix, then distraction can lead to potential accident. 

The True Costs of MWI (motorcycling while intoxicated) In New York

The NYS DMV statistics on MWI are that 45% to 50% of all bike accidents have involved the use of drugs and/or alcohol. This is not so crazy a stat as majority of the population is on a drug. We have an alcoholic population of about 10%, and then one in four people (25%) is on some anxiety, pain killler, or muscle relaxant. Just add the additional number of recreational drug users (pot, pills) and it all accounts for that 50%.

Motorcycling in Upstate New York in the Summer Can Be Fun and Dangerous 

Some people joke that upstate New York (Ithaca included) has two seasons, winter and construction. There is more summer construction on the roadways than ever before. All along state route 13 from Elmira to Ithaca we have lane narrowing and temporary signals. The number of sudden stops and accidents is alarming. In addition, don't forget the wildlife. Everyone is aware of the deer in wintertime, but I have been stopped by everything from goats to wild turkeys in the summertime.

Do the Police Have More Reasons to Pull Over a Motorcycle?

Riding a bike is so different than riding in a car because there are more corrections. Bikers have to make more movements to keep balance and to deal with the road's changing surfaces. This gives the police more "probable cause" to say that a rider is acting "erratically." I've observed so many bikers that like to play with their bikes by riding to and fro because riding is fun. But all that fun comes at a cost...because any reason that a rider is not 100% mentally and physically is a valid reason for concern. It is all so very subjective when viewing a motorcyclist riding his/her bike.

Why The Roads of Upstate New York are a Police Dream?

Our roads are fun because they wind, go up, and down but that just adds to trying to stay in lane. Routes 79, 96, and 13 are fun to ride on but what makes them fun also makes them a police officer's dream to stop people. 

It's called "lane vigilance," and what it means is that you must constantly make corrections to stay within your lane of travel. On a bike the lane is wider -but with only two wheels and a narrow base upon the pavement -lane vigilance is more involving and tiring.

If you have questions about a Motorcycle DWI or DWI case 

in NY, call us: 607-229-5184

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with 

a crime, we strongly urge you to consult with a local, 

licensed criminal defense attorney to lessen the possible 

negative outcomes, including the potential loss of your 

freedom.

*Attorney advertising