DWI / DUI

Published on: July 15, 2012

Attorney Defendant Suspended for DWI

by Stephen Bilkis

This matter deals with the respondent, Philip S. Lapenta, who is an attorney. The petitioner in the matters is the Grievance Committee fro the Tenth Judicial District. The case is being heard in the Supreme Court of the State of New York, Second Department, Appellate Division.

Case Background

A New York Criminal Lawyer said the respondent was admitted to the bar on the 21st of February, 1973. On the 19th of March, 2008, the Tenth Judicial District Grievance Committee served the respondent with a verified petition that contained four charges of misconduct.

Published on: July 15, 2012

Defendant Refuses Chemical Test

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case. The defendant in the case is Patricio R. Herrera. The case is being heard in the Suffolk County District Court. Judge Salvatore A. Alamia is presiding over the case.

A New York DWI Lawyer said the defendant in this case has been charged with driving while intoxicated and failing to maintain a lane. A Dunaway, Mapp, Huntley, and Refusal hearing has been held in the case to determine which evidence in the case will be admissible during trial. The plaintiff and the defendant have been given time to submit written closing statements. Both sides have provided these statements to the court.

Case Facts

Published on: July 15, 2012

Court Finds Probable Cause for DWI Stop

by Stephen Bilkis

The plaintiff in this case is the People of the State of New York. The defendant of the case is John McAleavey. The case is being heard in the Trial Term Part VI of the Suffolk County Court. Judge Stuart Namm is presiding over the case.

The defendant has been charged with two counts of operating a vehicle while under the influence of alcohol (DWI).

Case Facts

Published on: July 15, 2012

Court Determines Double Jeopardy Doesnt Apply in this Matter

by Stephen Bilkis

The plaintiff’s of the case are the People of the State of New York. Kendrick Roopnarine is the defendant of the case. The District Court of Nassau County is where the case is being heard, with Judge Kenneth L. Gartner overseeing the proceeding.

The defendant of the case, Kendrick Roopnarine has been charged with two counts of driving while intoxicated (DWI) as well as three traffic infractions that were committed at the same place during the same time. All of the charges were calendared to be heard in the Nassau County Court. An administrative error resulted in the traffic infractions also being calendared in the Traffic and Parking Violations Agency of Nassau County. The defendant has plea-bargained with the Traffic and Parking Violations agency for a resolution regarding the traffic violations. He is now seeking to have the criminal charges of the case dismissed on the grounds of double jeopardy.

Defendant Argument

Published on: July 14, 2012

Defendant Makes Voluntary Confession

by Stephen Bilkis

Suffolk DWI 15

The plaintiff in this case is the People of the State of New York. The defendant in the case is David A. Behling. The case is being heard in the First District of the District Court of Suffolk County. Judge Salvatore A. Alamia is presiding over the case.

The defendant in this case is being charged with driving while intoxicated, aggravated driving while intoxicated (DWI)http://www.newyorkcriminallawyer24-7.com/lawyer-attorney-1732535.html, and driving while intoxicated per se. A Dunaway, Mapp, and Huntley hearing has been held in the matter to determine which evidence that has been found against the defendant will be admissible in court. The evidence in question includes statement made by the defendant. The plaintiff and the defendant were given the opportunity to submit a written closing statement to the court. The court has received the closing statement from the defendant. The people failed to submit a closing statement and have therefore waived this right.

Published on: July 13, 2012

Defendant Contests Alcotest Records Being Admitted

by Stephen Bilkis

The People of the State of New York are the plaintiffs in the case. The defendant is Leonard DiBari. The case is being heard in Westchester County, Justice City of the Town of North Castle. Judge Elyse Lazansky is overseeing the case.

A New York DWI Lawyer said the defendant, Leonard DiBari, is charged with driving while ability impaired by alcohol. During the course of the non-jury trial and pretrial hearings the defense has objected the prosecution’s use of simulator solution certificates and certified calibration records.

Case Background

Published on: July 13, 2012

Admission Inadmissible Prior to Miranda Rights Being Read

by Stephen Bilkis

The People of the State of New York are the plaintiffs in this case. The defendant in the matter is Mary G. Moran. The case is being heard in the District Court of Suffolk County, First District. Judge Salvatore A. Alamia is presiding over the hearing.

The defendant has been charged with driving while intoxicated (DWI), speeding, and failing to maintain a lane. A Dunaway, Huntley and refusal hearing has been held in the case to determine which evidence will be submitted in the trial. The evidence in question includes statements that were allegedly made by the defendant and the refusal of submitting to a breathalyzer test by the defendant.

Case Facts

Published on: July 12, 2012

Defendant Asks for the Return of his Vehicle

by Stephen Bilkis

This case deals with the Plaintiff/Claiming Authority, Christine Malafi, who is the County Attorney for Suffolk County. The defendants in the matter are Edward J. Radwinsky and the Ford Motor Credit Company. The case is being heard in the Supreme Court of the State of New York that is located in Suffolk County.

Case Background

A New York DWI Lawyer said on the 19th of December, 2004, the defendant was arrested for operating the subject Ford while he was intoxicated. He was driving in the eastbound lane of the service road on the Long Island Expressway in the city of Hauppauge, New York. The defendant was given a breathalyzer test after being taken into custody. The breathalyzer showed that his blood alcohol level was 0.19%, which is above the legal limit. This resulted in the defendant being arrested for operating a motor vehicle while intoxicated.

Published on: July 12, 2012

Defendant Contests Car Being Taken During DWI Arrest

by Stephen Bilkis

The plaintiff in this matter is Christine Malafi, who is County Attorney for Suffolk County in the state of New York. The defendants in the matter are Zachary G. Moisan and a 1967 Chevy that has the VIN number 125177G120642. The case is being heard in the Supreme Court of the state of New York located in Suffolk County. Judge Arthur G. Pitts is hearing the case.

This case involves a civil forfeiture proceeding. The plaintiff and claiming authority in the matter, Christine Malafi, the Suffolk County Attorney, seeks a forfeiture of a 1967 Chevy that is owned by the defendant, Zachary G. Moisan.

Case Facts

Published on: July 11, 2012

Defendant Contends Miranda Rights Were Violated

by Stephen Bilkis

This case is being heard in the First District Court of Suffolk County. The plaintiff in the case is the People of the State of New York. The defendant of the case is Jose R. Rivas. Judge M. Filiberto is overseeing the proceeding.

There has been a combined Probable Cause, Huntley, and Refusal Hearing in this matter. The Court has found the following facts in the case.

Case Facts