The defendant man operated a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating a motor vehicle in this state or his privilege of obtaining a license issued by the commissioner was suspended or revoked, and the suspension or…
The matter at bar is a civil forfeiture proceeding wherein the plaintiff/claiming authority, Suffolk County Attorney seeks the forfeiture of a 1967 Chevrolet owned by defendant. A Nassau County Criminal attorney said that defendant was arrested in June 2006 for driving while intoxicated. He submitted to a blood test after…
A New York DWI Lawyer said that, this matter is before the Court for sentencing under The Defendant pled guilty to driving while intoxicated pursuant to Vehicle and Traffic Law § 1192(3). A New York Criminal Lawyer said that, the State enacted Leandra’s Law November 18, 2009, roughly one month…
The defendant, during his alcohol related driving trial, opposed introduction of the foundational documents customarily offered to validate the admission of the results of a breath test and subsequently objected to the results being admitted due to lack of foundation. The defendant’s basis for the objections was his inability to…
A New York Criminal Lawyer said that, petitioners, Property Clerk of the Police Department of the City of New York and the New York City Police Department commenced this Article 78 proceeding by order to show cause seeking to annul as arbitrary, capricious and contrary to law a Memorandum Decision…
This is a proceeding wherein the plaintiff, NS Auto & Towing, by order to show cause dated 23 April 2007, sought a preliminary injunction to enjoin Defendants, Nassau County and Nassau County Police Department from terminating its towing and impound contract. On 11 and 12 of June 2007, the issues…
This is a proceeding wherein on appeal, the court holds that the reckless disregard standard of care in Vehicle and Traffic Law § 1104(e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the…
This proceeding is an appeal from a judgment of the Yates County Court rendered 8 December 2009. The judgment convicted defendant, upon a jury verdict, of driving while ability impaired and driving while intoxicated. The court affirms the judgment appealed from. On appeal from a judgment convicting him following a…
Defendant, charged with driving while intoxicated (DWI) and aggravated driving while intoxicated (Aggravated DWI) per Vehicle & Traffic Law § 1192-2 and 1192-2(2)(a), moved pretrial to preclude on Confrontation Clause grounds intoxication evidence from the Datamaster intoxilyzer showing her blood alcohol level to be .23. A New York Criminal attorney…
A New York Drunk Driving Lawyer said that, 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. The defendant was arrested after entering a sobriety checkpoint operated by the Webster Police Department…