This matter comes on by appeal of defendant-appellant from a jury verdict in the Town of Bethel Justice Court finding him guilty of driving while intoxicated (DWI) and unsafe lane change. Defendant argues that his retained counsel was ineffective in representing him from the outset of the case, through discovery…
Articles Posted in DWI / DUI
Fines are found to be excessive
A Defense Lawyer said that, that on February 4, 1982 on Upper Falls Boulevard, Rochester, New York, defendant a 28 year old housewife operated a vehicle while under the influence of alcohol. Her breathalyzer test was .24 of 1 per cent of blood alcohol. On the previous day, she had…
Officer is proven to be justified
The defendant, is charged with two counts of (DWI) Driving While Intoxicated in violation of VTL §1192 (2), (3), and Speeding in violation of VTL §1180(d). A pre-trial hearing was ordered to determine defendant’s motion to suppress. On March 23, 2006, a Dunaway/Huntley/Mapp hearing was held to determine the admissibility…
Smithtown accident causes personal injury
This is an action for damages for personal injuries allegedly sustained by the plaintiffs, arising out of a motor vehicle accident which occurred on August 11, 2005 on Route 25 A, Town of Smithtown, County of Suffolk, State of New York, when their vehicle and the other vehicle came into…
Woman was upset at the death of her husband
The material facts are not in dispute. On April 9, 2009, at about 2:36 A.M., the Defendant was stopped in her vehicle by Monroe County Sheriff’s Sergeant on Route 390 South, north of Jefferson Road, in the Town of Henrietta, County of Monroe, State of New York. The Defendant spoke…
Offender was previously convicted
The first count of an indictment filed July 16, 1998 charges defendant with DWI in violation of Vehicle and Traffic Law § 1192 (3). The special information filed in connection with the indictment accuses defendant of having been previously convicted of DWI in Macedon Town Court, Wayne County, on February…
Sergeant selects the spot of checkpoint
The defendant was charged with common-law (DWI) driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3) on September 14, 2002 at 12:48 a.m. A New York DWI Lawyer said that, the defendant was arrested after entering a sobriety checkpoint operated by the Webster Police Department on…
Felony charged in DWI case
On October 16, 2004, in the Town of Ashford, defendant was arrested for DWI and Failure to Keep Right. When a DMV check showed a previous conviction, a felony complaint was filed charging the DWI as a felony. Defendant was arraigned and the case was adjourned to November 18, 2004…
Plaintiff Moves for Summary Judgment in DWI Case
The Plaintiff moves pursuant to CPLR §3212 for an order granting summary judgment as to the issue of the liability on behalf of the Defendant, The Dizzy Lizard, Inc., and directing an assessment of damages to be determined by a jury. A New York DWI Lawyer said in this criminal…
Defendant Claims Rights to Due Process Violated in DWI case
The defendant was indicted for operating a motor vehicle while under the influence of alcohol, in violation of Vehicle and Traffic Law § 1192 (2) and (3), and vehicular assault in the second degree, in violation of Penal Law § 120.03 (1). A New York Criminal Lawyer said that, in…