What is the role of a criminal defense attorney in Albany, NY?

Our role as criminal defense attorneys in Albany, New York is representing individuals charged with criminal offenses throughout the state.

When should I hire a criminal defense attorney in Albany, New York?

It is advisable to hire a criminal defense attorney in Albany, NY — even if the lawyer does not work with our law firm — when you become aware of criminal charges or believe you may be under investigation.

How do I choose the right criminal defense attorney in Albany,NY?

When selecting a criminal defense lawyer in Albany, NY, consider their experience, reputation, and expertise in handling cases like yours.

What are my rights when arrested in Albany, New York?

When arrested, you have the right to remain silent, the right to an attorney, and the right to due process.

What is the legal process for defending against criminal charges in Albany, New York?

The defense process may involve investigation, evidence gathering, negotiation with prosecutors, pre-trial motions, and, if necessary, trial.

How much does a criminal defense attorney in Albany, New York cost?

Legal fees for criminal defense vary based on unique factors, including the complexity of the case and the attorney’s experience.

What should I do if I am facing criminal charges in Albany, New York?

Contact our experienced criminal defense attorneys in Albany as soon as possible to discuss your case, protect your rights, and build a defense strategy tailored to your situation.

Can I Get a DWI of Biking While Intoxicated in New York?

Beyond Drunk Driving: Legal Implications for Non-Motorized Vehicle Operators

Since drunk driving can lead to an accident and/or arrest, many people believe riding their bicycles instead is enough to avoid facing criminal charges or hurting someone else. However, that is not entirely true.First, you cannot get charged for a DWI in New York for cycling while intoxicated. The law specifically applies to only “motor” vehicles, such as cars, trucks, boats, trains, and airplanes. Unless you install a motor in your bicycle, if you are riding a bike, skateboard, or any other non-motorized vehicle under the influence, you don’t have to worry about getting pulled over. But just because you cannot get arrested for a DWI doesn’t mean you are completely free of criminal liability.

There are two criminal charges drunk bikers may likely face: public intoxication and reckless endangerment. Although it is not a crime to be drunk in public in New York, you can be charged with public intoxication due to drugs if you pose a danger to yourself, others, or property, or if you annoy others. A conviction for public intoxication is punishable by a maximum 15-day jail term and a fine no more than $250.Reckless endangerment means acting in a manner that creates a significant risk of injury or death with a “depraved indifference to human life.”

Unlike most criminal offenses where the court must prove intent, a conviction for reckless endangerment requires a substantial degree of recklessness in a defendant’s actions – even though the act was not intentional. First-degree reckless endangerment means recklessly performing an act that creates a grave risk of death to someone else. This type of reckless endangerment is a Class D felony offense, which carries a maximum prison sentence of seven years. Second-degree reckless endangerment means recklessly doing something that creates a significant risk of serious physical injury to another individual. This offense is a Class A misdemeanor, punishable by a jail sentence of up to one year.

If you are facing criminal charges for biking while intoxicated in Albany, contact O’Brien & Eggleston PLLC and get 25 years of combined experience on your side today. Schedule a free consultation!

Related Links:

Latest Blog Posts

January 21, 2025

The Impact of a DWI Conviction on Your Professional License in New York

A Driving While Intoxicated (DWI) conviction can carry serious consequences beyond fines, jail time, and a criminal record. For professionals in New York, such a conviction could also jeopardize your...

View Post

January 14, 2025

How Internet Crimes Are Prosecuted in New York: Defending Against Online Solicitation Charges

The internet has become a critical part of our daily lives in the digital age. However, as online activity increases, so does the potential for criminal charges tied to internet...

View Post

January 7, 2025

How Advancements in DNA Testing Could Impact Your Criminal Case

DNA evidence has long been considered one of the most powerful tools in criminal investigations. It offers a scientific method for identifying suspects and exonerating the wrongfully accused. However, as...

View Post

Testimonials

"Adam Eggleston has made my situation as stress-free as possible."

Adam Eggleston has made my situation as stress-free as possible. He kept good contact and kept my best interest at heart. I highly recommend him if you need a criminal lawyer.

"The team fought for me!"

When I first met with Kevin he laid everything out like it was going to be or could end up being. Getting my 3rd drinking and driving offense made me feel like my life was over, but he assured me that he and his team would fight for me (Taylor and...

"Adam took my case and immediately alleviated the fears associated with my case."

Adam took my case and immediately alleviated the fears associated with my case. Though not privy to aviation law, he went above and beyond in educating himself so as to ensure minimal impact on my progress within my chosen profession. His tenacity and persistence led to a most amicable outcome...

"They leave no stone unturned and they have a good rapport with the judges and individuals involved."

Kevin O'Brien holds himself well at the bench. Kevin is not only interested in getting the best outcome for his clients legally, but also interested in his clients personal well-being. I was transferred to Mr. O'Brien almost a year into my case. He was always prompt, and professional. I would...

"Adam took my case and immediately alleviated the fears associated with my case."

"Thank you for listening and helping me through some pretty rough times."

I feel that Kevin did an outstanding job. I feel that my team did a great job. I would like to thank all the efforts of all the people involved. I am very hopeful that things will all work out in the end. Not every project/case is the same or...

"I felt like I gained not only a great lawyer but a friend. Amazing!!!!"

Adam was extremely attentive, cunning, constantly communicating with me, and extremely caring. He made sure he knew my case inside and out and by the end of it, I felt like I gained not only a great lawyer but a friend. Amazing!!!!

"Drafted a concise strategy to win the outcome that I was hoping for."

Despite my difficult circumstances, Mr. O'Brien studied my case, and drafted a concise strategy to win the outcome that I was hoping for.He kept me informed, walked me through the necessary steps to comply with the legal process, and clearly explained what my responsibilities are after my trial.

"He approaches each case with unmatched devotion that you will not regret."

Mr. Eggleston was not only extremely professional, but I was very much a part of the decision-making in every aspect of my case. Anyone who retains his services will not be disappointed. If you are unfortunate enough to be charged with a DWI, afford Mr. Eggleston the same respect he...

"Kevin was a positive influence throughout a very difficult time in my life."

“He took a tough court and judge and amazingly got me a much-needed reduction to DWI. I could never be more happy or grateful.”

"Adam’s the best of the best and I recommend him 100%!"

“From the start, Adam made me feel comforted, hopeful, and optimistic in an otherwise miserable and terrifying experience.”

"He did not give up, or accept any reduced charges"

“When Kevin was in front of the judge, jurors, and prosecutor, he was so well-spoken, and professional. Having Kevin as an attorney was a total win!”

"Mr. Eggleston is a pleasure to speak with and provides results quickly and efficiently."

“From the moment I contacted him, I felt as if I was his only client. He provided me with consistent updates and made sure I understood each step of the process.”

"Kevin was great from start to finish!"

“Kevin was great from start to finish! When I first sat down with him, his main concern was my goals. He definitely did whatever he could to work toward my goals and also kept me informed.”

Can I Get a DWI of Biking While Intoxicated in NY?

By O'Brien & Eggleston PLLC

Beyond Drunk Driving: Legal Implications for Non-Motorized Vehicle Operators

Most Popular

Categories

Archives

Latest Blog Posts

The Impact of a DWI Conviction on Your Professional License in New York

How Internet Crimes Are Prosecuted in New York: Defending Against Online Solicitation Charges

How Advancements in DNA Testing Could Impact Your Criminal Case

Testimonials

"Adam Eggleston has made my situation as stress-free as possible."

"The team fought for me!"

"Adam took my case and immediately alleviated the fears associated with my case."

"They leave no stone unturned and they have a good rapport with the judges and individuals involved."

"Adam took my case and immediately alleviated the fears associated with my case."

"Thank you for listening and helping me through some pretty rough times."

"I felt like I gained not only a great lawyer but a friend. Amazing!!!!"

"Drafted a concise strategy to win the outcome that I was hoping for."

"He approaches each case with unmatched devotion that you will not regret."

"Kevin was a positive influence throughout a very difficult time in my life."

"Adam’s the best of the best and I recommend him 100%!"

"He did not give up, or accept any reduced charges"

"Mr. Eggleston is a pleasure to speak with and provides results quickly and efficiently."

"Kevin was great from start to finish!"

Related Posts

The Impact of a DWI Conviction on Your Professional License in New York

How Internet Crimes Are Prosecuted in New York: Defending Against Online Solicitation Charges

How Advancements in DNA Testing Could Impact Your Criminal Case