A traffic officer responded to a radio run of an automobile accident at Roosevelt Avenue and Queens Boulevard. When he arrived at the scene, the accused was standing beside an automobile which had been involved in the car accident. The traffic officer testified that the accused had bloodshot eyes, was…
Articles Posted in New York
Court Decides Use of Breathalyzer Under Business Records Exception
Initially, the court held that records reflecting the calibration of breath test machine and analysis of breath test simulator solution used in DWI cases were non-testimonial hearsay and admissible over confrontation clause objection under business records exception. The certifications to be submitted for the calibration or maintenance of the breath…
Defedant Contends Illegal Stop in DWI Case
A police officer and his partner were on routine patrol at one of the intersections in Queens County. The officers noticed the woman driving a grey Cadillac passed through a steady red light. The other officer pulled the vehicle over and as he approached, the woman rolled down her window.…
Defendant Contests Accuracy of Breathalyzer in DWI Case
A man filed an appeal from the decision of the first district court of Nassau County concerning its judgment of DWI and over speeding law suit. The incident happened when a Nassau County police officer observed that the man’s traveling is at about 90 miles per hour on the Long…
Defendant Refuses to Take Chemical Test
A man was arrested and was charged of Patronizing a Prostitute and Operating a Motor Vehicle While under the Influence of Alcohol or DUI which is also a misdemeanor. The accused man refused to submit to a chemical test and upon arraignment and his license was duly suspended. The accused…
Constitutionality of DWI Check Points Challeged
A vehicle was stopped at a State Police sobriety checkpoint. After allegedly displaying certain outward sign of intoxication and failing four out of five field sobriety tests, the accused was asked to give a breath sample which resulted in a reading of a .13% blood alcohol content level. The accused…
Probable Cause Questioned in DWI Case
The defendant was charged with violation of traffic laws because he was driving while under the influence of alcohol. The court conducted a hearing to determine if the defendant’s three separate statements have any legal implication. In this DWI case, there are three different statements being deliberated. In the first…
Court Rules on Evidence Submitted in DWI Case
The defendant faces charges of DWI or driving while intoxicated. The defendant is also charged with violating traffic laws. According to the arresting officer, the defendant failed to maintain driving within the correct lane. A hearing was held in court to determine if the evidence against the defendant had been…
Court Decides DWI Case Where Weapons Were Involved
The respondent in this case had a license to carry firearms. The same license was suspended by order of the court. All guns owned by the respondent were to be turned over to the sheriff’s department pending the hearing of the case. The permit to carry firearms was reinstated after…
Defendant Appeals DWI Charge for Lack of Sufficient Evidence
The defendant has filed an appeal for his conviction. The court found the defendant guilty of DWI. He was also found guilty of violating traffic rules and regulations. The defendant reportedly failed to stick to the right side of the road while driving and went over a hazard marking. The…