New York Criminal Attorney Blog

A new law which takes effect on August 15, 2010, makes the installation of an ignition interlock system mandatory on all convictions in New York for DWI charges. The devices which are required to be installed at the defendant's expense will not permit the car to start if the operator registers a .025 or above of alcohol in their blood. The new law will effect the approximately 25,000 people per yera who are convicted of drinking and driving.

The law first became effective December 18, 2009 as reported in our prior blog and starting in little more than 2 weeks, the aspect of the law requiring ignition interlocks will become mandatory.

The cost of installation of an interlock device is expected to be about $100 and the required monthly monitoring will cost between $70 and $100 dollars per month. The devise will require the motorist to blow into the device to get the vehicle started and require that the driver blow into the device at regular intervals.

The cost and collateral consequences of DWI convictions in New York have increased dramatically over the last several years. Anyone arrested or charged for a DWI, DWAI or Driving While Ability Impaired by Drugs should contact an experienced DWI lawyer to discuss their options, possible defenses and the range of potential consequences.

New York criminal defense firm Tilem & Campbell, scored another big victory in a Queens gun possession case when the Queens District Attorney's Office agreed to reduce the class "C" violent felony gun charge to Disorderly Conduct a non-criminal violation. The client who was arrested with the handgun inside LaGuardia Airport as he was about to board a flight was originally facing a mandatory minimum sentence of 3 and 1/2 years in a New York State Prison. The client will pay a $250 fine and have his record sealed.

The client was originally arrested after he attempted to check the pistol in his checked baggage at the airport and was apparently not aware of New York's very strict gun laws. In New York, possession of a loaded firearm outside a person's home or place of business carries a mandatory minimum of three and a half years in prison even for a first arrest. In addition, the pistol does not actually have to be loaded to be legally "loaded" simply possessing the ammunition and the gun capable of firing that ammunition at the same time is enough to constitute a "loaded firearm" under New York law.

This is the second such victory this year for Tilem & Campbell. Earlier this year, in March, Tilem & Campbell scored a disorderly conduct violation on another gun case from LaGuardia airport. Senior Partner Peter H. Tilem a former prosecutor, worked in the Firearms Trafficking Unit of the Manhattan District Attorney's Office and has a tremendous amount of experience in handling New York gun cases and other types of New York weapons cases.

Travelers from other states to New York should be careful and take note of New York gun laws before bringing guns or other weapons into New York. Gun charges in New York are very serious and should be carefully examined before coming to New York. Anyone who is charged with a New York gun crime should contact an experienced handgun attorney.

If you cause serious physical injury to another person in New York while Driving While Intoxicated (VTL 1192(2), (3)) or Driving While Ability Impaired by Drugs (VTL 1192(4)), in addition to DWI charges, you may also face the more serious charge of Vehicular Assault in the Second Degree (Penal Law 120.03(1)). Vehicular Assault in the Second Degree is a Class E Felony for which you could be sentenced for up to four years in state prison.

For a driver to be guilty on Vehicular Assault in the Second Degree, the prosecution must prove not only that the driver was intoxicated by alcohol or impaired by the use of a drug or the combination of alcohol and any drug or drugs, but also that the intoxication and/or impairment was the cause of the serious physical injury to another. Of course, the prosecution must also prove a serious physical injury as well. (Penal Law 120.03(1)).

However, if a driver causes a serious physical injury to another while operating a vehicle while intoxicated or impaired by the use of drugs or the combination of drugs and alcohol, the law creates a rebuttable presumption that that the driver operated the vehicle in a manner that caused the serious physical injury to another. In other words, if you are Driving While Intoxicated or impaired by drugs and someone suffers a serious physical injury it is presumed that the serious physical injury was caused by how you drove the vehicle.

This presumption can be defeated however. For example, if you were sitting at red light intoxicated and your vehicle was rear-ended by another car resulting in serious physical injury to the other driver, it could hardly be argued that your operation of the vehicle while intoxicated (sitting at a red-light) caused the serious physical injury to the driver that drove into the rear of your stopped car.

A Driving While Intoxicated cases are serious. They are complex cases that require attorneys experienced in the law, science and procedures associated with DWI cases. It is in the complexity that skilled DWI attorneys can win. Driving While Intoxicated cases are even more serious where others are seriously injured. You could very well be facing serious felony charges such as Vehicular Assault in the Second Degree. If you are facing serious charges resulting from a DWI in New York you need to invest in a serious criminal defense law firm. For more information contact Tilem & Campbell toll free at 1-888-DWI-COUNSEL or visit us on the web at www.888DwiCounsel.com.

As a prominent criminal defense firm our lawyers have become aware of the dramatic increases in knife arrests in New York City and we have been examining the defenses available to our client's who find themselves charged with possession of a gravity knife, switchblade or some other dangerous knife in New York. While this is not the forum to disclose the details of our defense strategies to our opponents, there are some generalities that need to be examined.

One of the most basic and obvious defenses is the knife itself. Does it function the way the police say it functions. A surprising number of knives that the police claim are gravity knives or switchblades do not constitute the legal definition to make them illegal.

Another basic defense to any type of possession crime involves the constitutionality of the police conduct. Why the the police stop you, search you and seize the knife? If the police acted illegally then the knife can be suppressed by the Court and the case dismissed.

In addition to issues pertaining to the function of the knife and the police conduct in recovering the knife, there are statutory exemptions which may provide a defense and permit certain people to certain knives under certain circumstances. For example New York law permits people with hunting or fishing licenses to possess switchblades under certain circumstances.

The Supreme Court has recently made clear in both its Heller and McDonald decisions that the right to keep and bear arms is a right of all citizens and in both cases the US. Supreme Court alluded to the possession of knives. It appears that the Second Amendment applies to knives and therefore you may have a constitutional defense to certain knive possession cases.

The bottom line is that defenses do exist to many knife cases. Despite the seriousness of these charges they can often be successfully challenged in Court. It is important to get an experienced criminal defense lawyer involved as early as possible in the process.

Tilem & Campbell managing partner John Campbell is certified in Driving Under the Influence Detection and Field Sobriety Testing. He has taken the same training many law enforcement officers have. He has also completed the National Association Criminal Defense Lawyers 2009 DUI Defense Seminar. Mr. Campbell is an experienced New York DWI trial attorney having tried both felony and misdemeanor DWI cases.

Peter Tilem is a former prosecutor who is experienced in not only defending DWI cases but with prosecuting them as well. Having been a former prosecutor who prosecuted thousands of cases, including DWI, Mr. Tilem brings a unique perspective to DWI defense. Together, Mr. Campbell and Mr. Tilem provide you with a competent, aggressive, experienced and knowledgeable defense team.

Generally, people charged with crimes fall into two categories: (1) true criminals; or (2) decent people who happen to commit an offense. The large majority of individuals charged with Driving While Intoxicated (VTL 1192(2) and/or VTL 1192(3)) fall into the second category. In other words, generally, those charged with DWI are otherwise law-abiding, gainfully employed decent members of society who happen to commit the crime of Driving While Intoxicated. Unlike most crimes, Driving While Intoxicated affects all socio-economic classes, all neighborhoods, all races, all ethnicities, all religions, all professions and all cross-sections of society.

By consuming just a few alcoholic beverages, otherwise completely law-abiding individuals (doctors, lawyers, accountants, engineers, salesmen, stock brokers, construction workers and yes, even police officers) can find themselves charged criminally with Driving While Intoxicated. A common mistake one unfamiliar with the criminal justice system can make when charged with DWI is retaining an attorney unqualified to defend DWI charges.
Because the vast majority of people charged with DWI are otherwise law-abiding individuals, they typically don’t know a criminal defense attorney. So what do they do when they’re arrested for Driving While Intoxicated? Many times they call their “family” attorney; the attorney who represented them when they bought their home or prepared their wills. This can prove disastrous if their “family” attorney is not competent to defend DWI cases.

Driving While Intoxicated is a serious crime that requires a competent attorney experienced with defending DWI cases. The stakes are too high to simply turn to your family attorney. A criminal conviction can; put your professional licenses at risk; result in jail or state prison; insurance increases; high fines and fees; loss driver’s license; vehicle forfeiture; probation and court ordered alcohol counseling is possible.

To properly defend a DWI case, your attorney must be competent and knowledgeable with the laws and health department regulations pertaining to Driving While Intoxicated. Your DWI lawyer must also be well versed in certain aspects of forensic toxicology, the science and general principles associated with breath testing machines, blood testing and urine testing. Your DWI attorney should also be thoroughly educated in the Standardized Field Sobriety Tests, their administration and scoring.

For more information and a free telephone consultation, feel free to contact Tilem and Campbell toll free at 1-888-DWI-COUNSEL or visit us on the web at www.888DwiCounsel.com.

There are two local New York City laws that have been aggressively enforced in the five boroughs of New York City recently and our firm has seen numerous people charged with these offenses. They involve possession of a knife over 4 inches (4") and possession of a knife in public. Both laws can be found in the New York City Administrative Code §10-133.

Section 10-133(b) makes it an offense, punishable by up to 15 days in jail to possess any knife with a blade of 4" or more in length in a public place. This very broadly worded statute can include use of a steak knife at the outdoor seating area of a restaurant and a whole bunch of other innocent situations.

Section 10-133(c) makes it an offense to possess any knife in public view or wear a knife which is outside the clothing of any size in any public place. Again, this statute makes it an offense to possess knives in New York City in a wide variety of innocent situations including at block parties, picnics or barbeques.

The bottomline is that anyone carrying a knife in New York City is subject to being arrested either pursuant to the administrative code or pursuant to the New York State Penal Law sections that we discussed in Part 1 and Part 2 of this blog series. If you or anyone you know has been stopped, arrested or charged in the Bronx, Manhattan, Brooklyn and Queens or any other place in New York should contact Tilem & Campbell, 24 hours a day at 877-377-8666.