Our goal at Gerstenzang, Sills, Cohn & Gerstenzang is to deliver the highest possible quality legal services to each of our clients. We use our experience, knowledge, education, creativity and technology to provide our clients with an effective and efficient defense. We communicate with our clients, listen to their questions, concerns and ideas and keep them informed of all developments in their cases.
We strive to provide a determined, organized team effort in analyzing, preparing and executing the defense of our clients. Our primary focus is on the representation of persons who have been charged with DWI and Vehicular Crimes - whether a felony or misdemeanor. The vast majority of our clients have been charged with DWI. We are proud of the reputation that we have earned throughout New York State in this area of the law.
We practice in County, City, Town and Village courts - and practice at both the trial and appellate levels. The information you obtain at this site is not, nor is it intended to be, legal advice.
We strive to provide a determined, organized team effort in analyzing, preparing and executing the defense of our clients. Our primary focus is on the representation of persons who have been charged with DWI and Vehicular Crimes - whether a felony or misdemeanor. The vast majority of our clients have been charged with DWI. We are proud of the reputation that we have earned throughout New York State in this area of the law.
We practice in County, City, Town and Village courts - and practice at both the trial and appellate levels. The information you obtain at this site is not, nor is it intended to be, legal advice.
Services
Our practice is focused on, but not limited to, criminal defense.
We are best known, throughout the legal community, for our experience and skill in defending those charged with Driving While Intoxicated.
Many local attorneys whose practices focus on civil and business litigation refer their family members, colleagues and clients to us when they face DWI charges.
In addition to DWI defense, however, we also have extensive experience in representing people who have been charged with all types of felonies, misdemeanors and traffic infractions.
We are best known, throughout the legal community, for our experience and skill in defending those charged with Driving While Intoxicated.
Many local attorneys whose practices focus on civil and business litigation refer their family members, colleagues and clients to us when they face DWI charges.
In addition to DWI defense, however, we also have extensive experience in representing people who have been charged with all types of felonies, misdemeanors and traffic infractions.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail.
Contacting us does not create an attorney-client relationship.
Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
You should consult an attorney for advice regarding your individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail.
Contacting us does not create an attorney-client relationship.
Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Jonathan D. Cohn is a partner in the law firm of Gerstenzang, Sills, Cohn & Gerstenzang.
He received his Bachelor's Degree from Lafayette College, where he graduated with honors.
He is a 2008 cum laude graduate of Albany Law School, where he was selected as a member of the Government and Law Journal.
Mr. Cohn was one of a select group to be published as a member of the journal.
Mr. Cohn is also a former state delegate for the National College for DUI Defense ("NCDD").
Prior to joining the firm, Mr. Cohn was an Assistant District Attorney in the Rensselaer County District Attorney's Office, who handled all aspects of criminal law.
He received his Bachelor's Degree from Lafayette College, where he graduated with honors.
He is a 2008 cum laude graduate of Albany Law School, where he was selected as a member of the Government and Law Journal.
Mr. Cohn was one of a select group to be published as a member of the journal.
Mr. Cohn is also a former state delegate for the National College for DUI Defense ("NCDD").
Prior to joining the firm, Mr. Cohn was an Assistant District Attorney in the Rensselaer County District Attorney's Office, who handled all aspects of criminal law.
The first offense is Driving While Ability Impaired ("DWAI").
This offense is committed where the driver has consumed alcohol to the extent that he "has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver."
People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979).
DWAI is a traffic infraction, not a crime.
DWAI is an offense to which the more serious charge of Driving While Intoxicated is often reduced.
This offense is committed where the driver has consumed alcohol to the extent that he "has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver."
People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979).
DWAI is a traffic infraction, not a crime.
DWAI is an offense to which the more serious charge of Driving While Intoxicated is often reduced.
A person is guilty of DWAI if he/she operates a motor vehicle while his/her ability to do so is impaired to any extent by the consumption of alcohol.
DWAI is a traffic infraction - not a crime.
By contrast, DWI, DWAI Drugs and DWAI Combined Influence are crimes.
It is common for a person charged with DWI for the first time to receive a plea bargain offer reducing the charge to DWAI.
However, while such an offer is common, it is by no means assured.
For example, many District Attorney's Offices will not offer a reduction to DWAI if the person had a BAC over a certain level (e.g.,.13%), if the person refused to take a Breathalyzer test or a blood test, if there was an accident, if there was a child in the car, if the person was obnoxious to the police, if the person resisted arrest, etc.
DWAI is a traffic infraction - not a crime.
By contrast, DWI, DWAI Drugs and DWAI Combined Influence are crimes.
It is common for a person charged with DWI for the first time to receive a plea bargain offer reducing the charge to DWAI.
However, while such an offer is common, it is by no means assured.
For example, many District Attorney's Offices will not offer a reduction to DWAI if the person had a BAC over a certain level (e.g.,.13%), if the person refused to take a Breathalyzer test or a blood test, if there was an accident, if there was a child in the car, if the person was obnoxious to the police, if the person resisted arrest, etc.
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