New York Drunk Driving Attorney

Stewart A. McMillan is a former New York State Prosecutor duly licensed to practice criminal defense in New York and Connecticut since 1995 and 1996, respectively. Mr. McMillan's New York City office is convienently located in the Greybar Building in Manhattan's Grand Central Station.

If you have been charged with a crime - Mr. McMillan is a criminal defense lawyer experienced in fighting for your rights and reducing or eliminating the possibility of serious or long lasting penalties.

Mr. McMillan's criminal defense law practice is focused on defending drivers or motorists charged with driving related offenses, including DWI or DUI, and civil forfeiture of your car for DWI/DUI, traffic tickets - including especially speeding tickets, driver's license suspensions of revocations, overweight and improper permitting charges for truck drivers or those with a CDL license, and charges for "possession" within a car or motor vehicle, including for drugs or weapons (including especially a gun or a knife), as well as criminal appeals.

TYPE OF CASES OUR FIRM HANDLES
I have successfully defended numerous crimes in the areas of DWI (Driving While Intoxicated), Drug Possession & Sales, Gun or Weapon Possesion, Domestic Crimes, Fraud & White Collar Crimes.

WE THINK YOU SHOULD HIRE US IF:
You want someone with experience, both as a former prosecutor and as a defense attorney who will be available 24 hours a day.

OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will tell you what you want to hear. I will be honest about the situation from day one and will look for ways to help you resolve it.

IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
Simply pick up the phone and call, my office phone is (914) 834-3500. I understand that being arrested is scary, especially if it is the first time. Accordingly, I do my best to call clients back immediately after receiving their call.

THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The initial consulation is always free. The cost of each case varies depending upon a number of different factors including the seriousness of the offense, prior arrest record, and injuries. A fee will always be quoted at the initial consultation.

OUR CLIENTS WILL TELL YOU THAT:
I am fair and easy to reach at all times. In addition, my relationships with judges and prosecutors often gives me a decided advantage in disposing of a case.

OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
To obtain as much information as possible from my client in order to work out a reasonable plea deal witht the prosecutors and judges. (Many of whom I know). I will not hesitate to go to trial - but only after exhausting favorable plea possibilities.

IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
Call us today at (914) 834-3500 or on my cell at (914) 538-5016. I will make every effort to call you back immediately.

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

States/Courts Admitted: New York State (2nd Dept 1998); State of CT (1996), USDC-WDNY (2000) USDC-EDNY (2001) USDC-SDNY (2004).

Counties Served: New York county, Bronx, Queens, Westchester, Nassau, Putnam, Orange & Fairfield CT.

Memberships: New York State Bar Association, New York Trial Lawyers Association, American Bar Association, Westchester Bar Association.

Practice Areas: Criminal Law- Experienced former prosecutor with over 16 years experience handling felonies and misdemeanors; DWI-Include DWI felony, aggravated DWI and vehicle seizures, Drug possesion and sale; Domestic Crimes- Including harrassment and spousal battery; White Collar Crimes- Including fraud and extortion.