Property Clerk of the Police Dept. of the City of N.Y. v Burnett Court Discusses the Krimstock v. Kelly Principle after the Seizure of Motor Vehicle On February 16, 2004, the defendant was arrested on three drug charges: felony possession of a controlled substance, Viagra, with intent to sell; felony…
A New York Criminal Lawyer said that, defendant was stopped by police officers assigned to the Triborough Bridge and Tunnel Authority after he went past the toll booth in a ” cash only” lane without paying the required toll. Based on his apparent intoxication defendant was then taken to the…
People v. Persaud Court Discusses the Elements of Attempted Assault and Reckless Endangerment in a Driving While Intoxicated Matter The defendant on November 30, 1997 drove his construction van into the front of a restaurant after the owner refused to serve him because he appeared intoxicated. After driving his van…
People v. Maxwell Court Discusses Pleading to a Lesser Offence The Defendant, who was driving while intoxicated, was involved in a collision that resulted in the death of another person. The defendant was indicted for criminal negligence in operation of a motor vehicle resulting in death and driving while intoxicated…
Finally, subdivision (e) of section 1104 specifies that “the foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for…
A New York DWI Lawyer said that, at 3:57 p.m. on September 20, 2004, defendant a road patrol deputy in the Monroe County Sheriff’s Office, was on routine patrol in a marked police vehicle when he received a radio dispatch from the Office of Emergency Communications dispatch or “911 center”…
In this DWI case, defendant was originally charged with common law driving while intoxicated (DWI), but he waived his right to trial by jury on that charge and was convicted after a bench trial of the offense of driving while his ability to do so was impaired by alcohol (DWAI).…
People v. McNair Criminal Court Discusses Electronic Monitoring as a Special Condition to a Probation Sentence On October 27, 1993 at approximately 2:30 in the morning, a police officer pulled the appellant’s car over for speeding and running a red light Poughkeepsie, New York. The appellant was subsequently arrested for…
People v. Aguayo Court Discusses Waiver of a Defendant’s Right to Appeal The criminal defendant appealed his conviction related to two respective judgments for driving while intoxicated as a felony on one indictment and enterprise corruption and criminal possession of stolen property in the fourth degree on another indictment after…
Pursuant to a written directive of the County Sheriff, a roadblock was established for the purpose of detecting and deterring driving while intoxicated or while impaired and as to which operating personnel are prohibited from administering sobriety tests unless they observe listed criteria, indicative of intoxication, which give substantial cause…