Two police officers saw a car moving erratically. When they stopped the car, the lady driver refused to exit her car. A New York DWI Lawyer said the police officers heard the woman’s slurred speech and smelled alcohol on her breath and concluded that she was very intoxicated. The police…
There are many issues involved in any driving under the influence case that goes to court. Among them is the importance of delivering the refusal warnings correctly. If the refusal warnings are not given correctly, the evidence of the refusal cannot be used in court. This can create a situation…
In matters of law it is important to have an attorney. Most people who do not have a law degree are unfamiliar with all of the limitations that are placed in reference to legal actions. In New York, the state can seize any motor vehicle that is involved in the…
A man was charged with Aggravated DWI, DWI and Driving While Ability Impaired by Alcohol. The criminal complaint alleges that the accused man operated a motor vehicle in an intoxicated condition and in a later blood alcohol test was found to have a level of alcohol in his blood. After…
A county sheriff established a roadblock with the purpose of screening drivers to identify persons driving under the influence of alcohol. At the aforementioned time and place, every car passing the roadblock location was stopped by the uniformed sheriff in order to make observations of the drivers to determine if…
The accused man is charged of driving while ability is impaired by alcohol. During the course of his DWI consolidated pre-trial hearings and non-jury trial, the accused team objected to the complainant’s admission of the certified calibration records and simulator solution certificates. An NY Criminal Lawyer said that the challenged…
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…
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…
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.…
The first accused is charged with misdemeanor information with Vehicle and Traffic Law and the second accused is charged in separate misdemeanor information with Vehicle and Traffic Law. The issues raised by the defense counsel are identical in each case. A New York Criminal Lawyer said that in each case,…