Gerstenzang, Sills, Cohn & Gerstenzang
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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.
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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.
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.
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.
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."
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.
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