People v Kanhai Court Discusses Whether Business Records are an Exception to the Hearsay Rule under the Principle of Crawford v Washington The criminal defendant was arrested and charged for one count of of driving a motor vehicle while impaired by alcohol DWI under section 1192(1) of the Vehicle and…
Reilly v. Hults Court Discuses the Revocation of Driver’s License after Refusing to Submit to a Chemical Test The Motor Vehicle Commissioner appealed the annulment of the revocation of the defendant’s license by the Commissioner after he refused to submit to a chemical blood test to determine the alcohol content…
People v. Viano Courts Discusses Whether Failure to File a Special Information was Fatal to a Felony Charge of Driving While Intoxicated The defendant was indicted with driving while intoxicated as a felony, pursuant to Vehicle and Traffic Law § 1192(3). The defendant was previously convicted for driving while intoxicated…
People v Batista Court Discusses Whether the Defendant Fulfilled the Requirements for the Judge to give the Jury a Missing Witness Charge Instruction The defendant was arrested and indicted for driving while intoxicated as a felony DWI, unlicensed operation of a motor vehicle and unlawful possession of marijuana. The charges…
People v Bolson Court Discusses Whether a Family Member can be classified as a victim within the meaning of Section 390.30 (3) (b) of the CPL The defendant was convicted of driving while intoxicated but acquitted of manslaughter and vehicular assault. The defendant’s Queens County Criminal Attorney during the sentencing…
Feng v. Tao Court Discusses Summary Judgment Motion in a Four Chain Car Accident The plaintiff was involved in a four-car chain car accident while stationary at the red light. The first defendant requested summary judgment as he asserted that he was not liable for the injuries the plaintiff suffered…
In this Criminal action, at about 3:40 on the morning in October 1989, defendant was involved in an automobile accident on Grand Avenue in Balwin, Nassau County. A Police Officer responded to the scene and approached the defendant’s vehicle. A Nassau County Criminal lawyer said that the Police Officer told…
In this DWAI case, defendant was convicted of driving while intoxicated per se and speeding. At the trial, a Nassau County police officer testified that he was trained to estimate the speed of a moving vehicle and that, in March 2007 at 4:58 A.M., he observed defendant traveling at about…
In this Criminal action, DWI charges were commenced by filing simplified traffic informations and supporting depositions rather than misdemeanor informations. Under our law as it applies in this case, simplified information is “a written accusation by a police officer filed with a local criminal court, which charges a person with…
The matter at bar is a civil forfeiture proceeding wherein the complainant woman who is claiming authority also happens to be a Suffolk County Attorney seeking the forfeiture of a 1967 Chevrolet owned by the defendant man. The defendant man was arrested on June 23, 2006 for driving while intoxicated…