Drunk Driving Accident Attorney

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Drunk Driving Accident Attorney

The Law Office of Luke Brown, LLC: Buffalo's Leading Drunk Driving Accident Attorney

Involved in a drunk driving accident? The drunk driving accident attorney at The Law Office of Luke Brown, LLC can help you navigate legal complexities and secure the best outcome for your case. I specialize in helping victims of Uber accidents secure the compensation they deserve. With extensive experience and deep knowledge in handling rideshare accident cases, I can navigate even the most complex situations on your behalf. To schedule a free and confidential consultation, call 716-321-2727 today.

Involved In A Drunk Driving Accident?

  • Drunk driving incidents in New York can result in severe legal consequences, including fines, jail time, and permanent criminal records, making it critical to understand state-specific DUI laws and the importance of hiring experienced legal defense.
  • Luke Brown, a specialized drunk driving accident attorney, offers comprehensive legal services aimed at minimizing penalties and building robust defenses by challenging prosecution evidence and leveraging his deep knowledge of DUI laws and courtroom strategies.
  • Victims of drunk driving accidents can seek various forms of compensation, including economic, non-economic, and punitive damages. Hiring an attorney like Luke Brown can significantly improve the chances of securing fair settlements by navigating both criminal and civil legal proceedings.

Understanding Drunk Driving Accidents

Drunk driving accidents occur all too frequently, making it vital for those involved to grasp the legal landscape. The terms DUI, DWI, and OVI all refer to operating a vehicle while impaired by drugs, alcohol, or both. These terms are often used interchangeably but can have slightly different legal implications depending on the jurisdiction.

In New York, a driver is legally intoxicated if their Blood Alcohol Concentration (BAC) is 0.08% or higher. It’s noteworthy that reaching or exceeding this threshold can lead to serious consequences, including:
  • Drunk driving charges
  • Potential license suspension
  • Fines
  • Community service
  • Jail time
  • A permanent criminal record

The statistics paint a grim picture:

  • Over 30% of fatal crashes in New York State are linked to alcohol consumption
  • Around 16% of weekend nighttime drivers tested positive for illicit drugs
  • Drivers under 21, who make up just 5% of licensed drivers, are involved in 14% of fatal alcohol-related crashes
These numbers highlight the pervasive issue of impaired driving and the dire need for vigilant enforcement and legal defense. Refusal to submit to a chemical test (blood, breath, urine, or saliva) results in automatic license suspension under New York’s Implied Consent Law. Moreover, it is possible to be convicted of a DUI in Buffalo NY, a city in Western New York, even if you’re in a non-moving vehicle. Grasping these nuances becomes vital for anyone facing DWI charges, as this knowledge underlines the significance of engaging an experienced DWI lawyer like myself.

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PAST RESULTS

(Past outcomes do not guarantee future results)

Why You Need a Drunk Driving Accident Attorney

Confronting the convoluted legal system, it becomes indispensable to hire a skilled drunk driving accident attorney like Luke Brown. One of the most immediate concerns is preventing a suspended license and minimizing fees and penalties. My extensive knowledge of DUI laws equips me with the tools to:

  • Challenge the prosecution’s case effectively
  • Gather evidence to support your defense
  • Negotiate with the prosecution for reduced charges or penalties
  • Represent you in court and advocate for your rights

By hiring me as your DWI attorney, you can ensure that you have the best possible chance of a favorable outcome in your case.

Identifying weaknesses in the prosecution’s case can make a significant difference. For instance, inaccuracies in Breathalyzer test results or the legality of the traffic stop are common areas of contention. I can challenge these aspects to build a robust DWI defense, alongside my expertise in DUI defense.

Building a strong criminal defense involves more than just challenging evidence. It requires a comprehensive approach, including filing motions, gathering evidence, and negotiating with the prosecution for a better outcome. As a skilled criminal defense attorney, my aggressive representation in my criminal defense practice ensures that every possible angle is explored to secure the best results for my clients.

Beyond the courtroom, Luke Brown, an adjunct criminal justice professor, can provide invaluable advice on:

  • whether to accept a plea bargain or fight the charges in court
  • how to reduce or avoid severe penalties like jail time, fines, and license suspension
  • how to get the case dismissed or sealed from your criminal record

With The Law Office of Luke Brown, LLC, you’re not just hiring an experienced attorney; you’re securing a dedicated advocate for your legal needs at one of the top-notch law offices, combining the expertise of a law firm and a law office.

AREAS OF PRACTICE

GET THE JUSTICE, COMPENSATION & CLOSURE YOU DESERVE

Building a Strong Case

The foundation of any successful DUI defense is the construction of a strong case. As a Buffalo car accident attorney, Luke Brown excels in gathering crucial evidence to determine fault. This includes:

  • Photos
  • Surveillance videos
  • Witness statements
  • Police accident reports
These elements are vital in constructing a compelling defense strategy. Collaborating with investigators is another key aspect. Investigators can uncover details about what caused the crash, providing insights that might not be immediately apparent. Comprehensive interviews and rigorous preparation ensure that witnesses convey their testimony convincingly in court. Witness testimony can provide alibis, corroborate evidence, and offer critical observations.

However, witness testimony is not without its challenges. Memory inconsistencies, biases, and external pressures can undermine its effectiveness. My experience enables me to navigate these pitfalls, ensuring that witness testimonies bolster the defense rather than detract from it.

Corroborating witness testimony with other forms of evidence, such as forensic analysis and surveillance footage, strengthens the defense. Expert witnesses, who provide specialized knowledge and authoritative opinions, add another layer of credibility to the defense arguments. This multifaceted approach underscores my dedication to achieving a positive outcome for my clients.

Navigating Criminal and Civil Cases

Often, drunk driving incidents spawn both criminal and civil cases, with each carrying its unique set of challenges and objectives. Criminal courts focus on prosecuting crimes and punishing wrongdoing, meaning a criminal conviction for DUI does not result in financial recovery for victims. This is where civil courts come into play, providing a legal means for victims to receive compensation for injuries caused by drunk drivers.

It is not uncommon for a person to face both a criminal case and a civil lawsuit for the same drunk driving incident. These cases operate independently, and the outcome of one does not necessarily affect the other. This dual approach ensures that justice is served on both fronts, addressing both the criminal offense and the victim’s right to compensation in the realm of criminal law.

Notably, the presence of a criminal charge or conviction is not a prerequisite to file a civil lawsuit against a drunk driver. This means that even if the criminal system fails to convict the drunk driver, the victim can still pursue a civil case to seek damages. Understanding these distinctions is crucial for anyone navigating the aftermath of a drunk driving accident.

Schedule a free consultation
call (716) 321-2727

Compensation You May Be Entitled To

Victims of drunk driving accidents can seek compensation for a variety of personal injury damages. These include economic damages, such as medical bills and vehicle repairs, as well as non-economic damages like pain and suffering. Comprehending the full extent of what you can claim is paramount to ensure you receive a fair settlement.

In addition to economic and non-economic damages, punitive damages can also be awarded in drunk driving cases. Punitive damages are designed to punish the at-fault driver and deter similar behavior in the future. This additional layer of compensation underscores the severity of drunk driving offenses and their impact on victims.

Several factors can influence the settlement amount, including the severity of injuries, the extent of property damage, and the emotional toll on the victim. On average, settlements for drunk driving accidents typically range between $80,000 to $125,000. However, the minimum insurance coverage required by law often ensures a base settlement amount of around $25,000.

By working with an experienced attorney like Luke Brown at a civil litigation firm, victims can:
  • Navigate the complexities of their case
  • Secure the compensation they deserve
  • Explore all potential avenues for compensation
  • Maximize the settlement amount
My expertise ensures that victims receive the best possible outcome.
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What to Expect During the Legal Process

While the legal process for DUI cases can be intimidating, comprehending the steps involved can help make it less mystifying. When someone is suspected of a DUI, they may go through the following steps:

  1. Taken to jail
  2. Vehicle impounded
  3. Held on bail or released until a court date
  4. Arraignment where you enter a plea
This process can vary depending on the circumstances, local laws, and state and federal court systems. The duration of a DUI case can vary significantly, typically lasting from two months to a year. Several factors, such as evidence gathering, court complications, and the speed of the courts, can affect this timeline. Pre-trial proceedings often involve negotiations between your attorney and the prosecution to reach a plea bargain.

Factors like the result of the motorist’s breathalyzer test and other tests conducted by law enforcement can influence the likelihood of entering into a plea-bargaining agreement. If no plea deal is reached, the case proceeds to trial, where the following steps occur:

  1. Opening statements
  2. Witness testimonies
  3. Cross-examinations
  4. Closing arguments
After the trial, the judge or jury will deliberate and deliver a verdict of guilty or not guilty. If found guilty, sentencing may involve penalties like fines, license suspension, or even jail time. Post-sentencing, you may have to comply with additional requirements like attending a drinking driver program or installing an ignition interlock device. Grasping these steps can better equip you for the journey ahead.

Schedule a free consultation
call (716) 321-2727

Summary

Navigating the aftermath of a drunk driving accident is no easy task, but understanding the legal landscape and hiring an experienced attorney like Luke Brown can make all the difference. From building a strong defense to seeking compensation, every step requires careful consideration and expertise.

In conclusion, the Law Office of Luke Brown, LLC, stands out as Buffalo’s leading drunk driving accident attorney. With a comprehensive approach and a commitment to justice, I will ensure that my clients receive the best possible outcome. If you or a loved one are facing the challenges of a DUI case, don’t hesitate to seek the professional help you deserve.

Frequently Asked Questions

There is no significant difference between DUI, DWI, and OVI as they all refer to operating a vehicle while impaired by drugs, alcohol, or both, and are often used interchangeably. The legal implications may vary depending on the jurisdiction.
Yes, you can be convicted of a DUI even if your vehicle wasn’t moving.
As a victim of a drunk driving accident, you can seek compensation for economic damages such as medical bills and vehicle repairs, non-economic damages for pain and suffering, and potentially punitive damages. This will help cover the various costs and losses you have incurred as a result of the accident.
The legal process for a DUI case typically takes between two months to a year, depending on various factors such as evidence gathering and court complications.
No, you do not need a criminal charge or conviction to file a civil lawsuit against a drunk driver.
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