If you haven’t been arrested for DWI (driving while intoxicated) or are not familiar with DUI laws, you probably have no idea what an ignition interlock device is. This small tool is a requirement for drivers who violated drunk driving laws throughout the United States. In fact, each state has…
Those on probation in New York must watch their conduct carefully. In a recent case, the New York Supreme Court upheld a decision to re-sentence a man who was convicted of DWI while on probation for a previous conviction. This case serves as a cautionary tale to those on probation.…
Several years ago, I won a suppression hearing in a New York DWI where the police were called to the scene by a restaurant worker who saw the defendant stumble out of the restaurant into a nearby parked van and fall asleep. Arriving police woke up the driver and pulled…
There is no doubt that the Corona Virus Pandemic has disrupted every aspect of New York life. This is especially true for New York lawyers practicing in New York Criminal Courts. With New York Courts closed except for essential matters, New York criminal lawyers and their clients find themselves having…
Earlier this month, a state appellate court issued an opinion in a New York DWI case involving the question of whether the arresting officer had the legal authority to approach the defendant’s parked car and knock on the window. Ultimately, the court concluded that the officer possessed the authority to…
New York DWI Attorneys know that it is one of the worst nightmares for many motorists; the image of those red and blue lights approaching from behind as you are on your way home from dinner or a party. It doesn’t matter if you have had only one drink, or…
Under the Fifth Amendment to the United States Constitution, citizens have a right to be free from self-incrimination. The extent of this right, including in what situations it applies, has long been disputed. Currently, courts consider the Fifth Amendment to attach when police engage in the custodial interrogation of a…
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Courts have long held that to be considered “reasonable”, a search must be supported by the issuance of a valid search warrant. To obtain a warrant, police must fill out an affidavit explaining the basis…
Under New York DWI law, merely by driving a car a motorist is presumed to have agreed to take a chemical test when requested by a police officer who suspects that the driver is under the influence of drugs or alcohol. This law, called an implied consent statute, is in…
Recently, a New York court issued a written opinion in a New York DWI case granting the defendant’s motion to suppress the results of the field sobriety tests administered by the arresting officer. The court also granted the defendant’s motion to suppress the results of the chemical testing that was…