Proven Defense in Thousands of Resolved Cases

Causing Injury Or Death

If you cause serious physical injury or death as a result of driving while ability impaired, driving while intoxicated, aggravated driving while intoxicated, driving while ability impaired by drugs, or driving while ability impaired by the combined influence of drugs and alcohol, in that case, you could be facing severe felony charges.

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Arrested for a Drunk Driving Accident?

The New York DWI DUI attorney you choose must be experienced and knowledgeable in DWI DUI defense because the “trigger” or predicate for a more serious felony charge is the particular, or what is referred to as the “underlying,” DWI or DWAI charge. If you beat the DWI charge, you will generally be at a more severe expense.

Types of Felony Charges

If you cause serious physical injury or death, depending on what the underlying DWI or DWAI charge is, you could be charged with one or more of the following:

Vehicular Assault in the First Degree
Vehicular Assault in the Second Degree
Aggravated Vehicular Assault
Assault in the First Degree
Criminally Negligent Homicide
Aggravated Criminally Negligent Homicide
Vehicular Manslaughter in the First Degree
Vehicular Manslaughter in the Second Degree
Murder in the Second Degree

In most cases, even if you were driving while intoxicated or impaired by drugs and someone suffered a severe injury or death, the prosecution must also prove that your intoxication or impairment was the cause of the physical injury or death.

Satisfied Client Reviews

Rachel is a fantastic lawyer and was help to help resolve my DUI with the best poasible outcome. She explained everything to me in detail to help me understand all of my options. Additionally Linda in her office was always extremely responsive and helpful and they were just a pleasure to work with! I am very happy with the outcome of my case and would reccommend Rachel's services to anyone who needs them!

Jennifer Parisi

I never been in a situation where it required a lawyer. So happy I went to the Kugel law firm. Rachel was supportive, honest, and cared more beyond just a check she was receiving from me. She checked up on me without me having to go serve for her. She always explained each outcome and possibilities and made me feel supportive during a horrific situation. Defiantly recommend to have you back and represent you in a case.

evangelis v.

Helpful, kind, and had my best interest in mind all the way through. Mrs. Kugel has been extremely generous with her time explaining each step of the process clearly and in easy to understand terms. The Kugel Law Firm delivered results exceeding my high expectations, in other words, completely dismissed.

Aaron Ross

This law firm turned a traumatic experience into a bearable one. Rachel and her staff were very communicative and honest about the process. That meant everything and also made us happy about our favorable outcome.

Asia Collington

At a time when my options were limited to non-existent, I contacted Kugel Law firm. That’s when I met Rachel. I never needed a lawyer before and was unsure of where to start. Rachel and Linda were kind, empathetic, calm and always a phone call away. Thanks to her, my case received the best possible solution. My case was closed, fully dismissed. OVER! I highly recommend her, if you need help. Rachel is the one!

Shana Davis

I chose The Kugel Law Firm based on the reviews that are so good that it was a bit suspicious. But make no mistake - they are all well-deserved. No outcome in the court system is guaranteed but Rachel will go out of her way to fight for you. She is a walking encyclopedia when it comes to this stuff and on top of that, she is super friendly and always available to talk and break things down for you. If you've found yourself in the unfortunate situation of a DWI then look no further. I can't imagine anybody better. Thanks Rachel!

Matthew Park

I must admit I didn't think it was anyway I could have gotten around my DUI and REFUSING... I'm glad I chosen the KUGEL LAW FIRM.. (RACHEL)knock it out the park all charges dismissed and 4 other miscellaneous tickets as well. She's who you need worth ever Dollar and more...

Khalid Harris

The level of knowledge, professionalism and service from Kugel Law is fantastic. Unfortunately, I've had experience with a number of firms over the years - Rachel and her team are top notch in comparison. I contacted, and spoke with Rachel, when searching and evaluating counsel for a family member. In a short period of conversation, I was comfortable, at ease and confident in their representation. They took a long view in managing a very difficult situation that ultimately resulted in a reduction of the charges that I never thought possible - a tremendous outcome from tremendous people.

Robert Taylor

I’m from California. I didn’t know who to turn too. Don’t know the laws and obviously don’t know the which roads to turn on in NYC. Thankfully I was able to get my DUI dismissed. Moral of the story, don’t drive with any alcohol in your system. Also check out Kugel Law Firm and Rachel and her amazing team if your in trouble.

Alex Moqadam

Potential Legal Defenses

In these types of DWI or DWAI DUI cases, there are generally three theories of defense that a DWI attorney in New York can pursue alone or in combination:

The prosecution cannot prove, beyond a reasonable doubt, that you were impaired, intoxicated, or impaired by drugs beyond a reasonable doubt. In other words, the prosecution cannot prove beyond reasonable doubt that you were guilty of one or more of the “underlying” DWI or DWAI offenses listed above.
In drunk driving or drugged driving cases involving alleged physical injury or serious physical injury, the prosecution cannot prove beyond a reasonable doubt that the victim suffered the requisite bodily injury or serious physical injury.
The prosecution cannot prove beyond a reasonable doubt that your impairment, intoxication, or impairment by drugs was the cause of the injury or death. If another vehicle veered over the centerline and hit your car, resulting in their physical severe injury or death, the fact that you were impaired would not be a factor.

Choosing the Right Defense Lawyer

The most important thing you should do is thoroughly research the attorney you hire. When facing these types of charges, which defense lawyer you choose might very well be the most crucial decision of your life. Now is not the time to price shop. However, that doesn’t mean you should pay unreasonable legal fees, nor does the cost you pay an attorney in a criminal case guarantee a particular outcome.

You must also understand that no matter what your New York DWI DUI lawyer charges you, there is a genuine chance you can be convicted. Your lawyer might know the law and the rules of evidence better than the judge or have more experience than the prosecutor, but if you drove your car through the front door of the mayor’s house while intoxicated, resulting in serious physical injuries or death, you have a problem.

In these cases, your attorney’s ability to negotiate with the prosecution can, at times, gain you a plea bargain which minimizes the legal punishment you are facing.

Let Our New York DWI Attorney Start Building Your Defense

At The Kugel Law Firm, we are dedicated to protecting all of our client’s rights, reputations, and freedom. With over 25 years of legal experience, we possess the comprehensive knowledge of New York laws and court processes and the expertise to help you navigate through the complexities of your case. Let our The Kugel Law Firm-New York-based attorneys fight for you today.

Schedule a no-cost, no-risk case consultation with the Leading New York-New Jersey DWI/DUI Law Firm, The Kugel Law Firm.

New York (212) 372-7218 | New Jersey (973) 854-0098

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