A man was stopped at the street for failing to wear a seat belt and operating a vehicle with a cracked front windshield. Upon approaching the vehicle, the police officer noticed that the driver have a glassy eyes. The driver responded to the questions of the police officer with a…
Articles Posted in Sex Crimes
Court Rules Where DWI Offender Refuses Chemical Test
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…
Court Decides Use of Breathalyzer Under Business Records Exception
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…
Defedant Contends Illegal Stop in DWI Case
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.…
Defendant Contests Accuracy of Breathalyzer in DWI Case
A man filed an appeal from the decision of the first district court of Nassau County concerning its judgment of DWI and over speeding law suit. The incident happened when a Nassau County police officer observed that the man’s traveling is at about 90 miles per hour on the Long…
DWI Defendant Contests Driver’s License Suspension
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,…
Defendant Refuses to Take Chemical Test
A man was arrested and was charged of Patronizing a Prostitute and Operating a Motor Vehicle While under the Influence of Alcohol or DUI which is also a misdemeanor. The accused man refused to submit to a chemical test and upon arraignment and his license was duly suspended. The accused…
Probable Cause Questioned in DWI Case
The defendant was charged with violation of traffic laws because he was driving while under the influence of alcohol. The court conducted a hearing to determine if the defendant’s three separate statements have any legal implication. In this DWI case, there are three different statements being deliberated. In the first…
Court Rules on Evidence Submitted in DWI Case
The defendant faces charges of DWI or driving while intoxicated. The defendant is also charged with violating traffic laws. According to the arresting officer, the defendant failed to maintain driving within the correct lane. A hearing was held in court to determine if the evidence against the defendant had been…
Court Decides DWI Case Where Weapons Were Involved
The respondent in this case had a license to carry firearms. The same license was suspended by order of the court. All guns owned by the respondent were to be turned over to the sheriff’s department pending the hearing of the case. The permit to carry firearms was reinstated after…