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New York Criminal Attorney Blog

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CHARGED WITH DRIVING WHILE INTOXICATED IN NEW YORK? NOW IS NOT THE TIME TO CALL YOUR “FAMILY” ATTORNEY. WHEN CHARGED WITH DWI IN NEW YORK, YOU NEED A LAWYWER EXPERIENCED WITH DWI DEFENSE

Tilem & Campbell managing partner Peter Tilem 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…

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US SUPREME COURT VOTES TO APPLY SECOND AMENDMENT TO STATE AND LOCAL GUN REGULATION

The United States Supreme Court has issued a ruling applying the US Constitution, Second Amendment right to “keep and bear arms” to State and local gun regulation. Ruling in the case of McDonald v. Chicago a 5 to 4 majority of justices decided for the first time that both State…

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NEW YORK SEARCH & SEIZURE – TWO MEN LOOKING INTO THE TRUNK OF A VEHICLE FOLLOWED BY WHAT APPEARS TO BE AN EXCHANGE OF MONEY BETWEEN THE TWO MEN INSUFFICIENT BASIS TO SUBSEQUENTLY STOP CAR [People v. Cascio]

An issue that comes up very frequently in New York criminal cases is “when may the police properly stop a vehicle”? The intuition or hunch of an officer, even if it thereafter turns out to be correct, cannot justify a stop. Absent at least a reasonable suspicion that its occupants…

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TILEM & CAMPBELL SCORES ANOTHER TRIAL WIN IN WESTCHESTER DWI CASE

Tilem & Campbell managing partner Peter Tilem scored his fourth straight DWI trial victory this week when the Cortlandt Justice Court in Westchester County New York, acquitted his client of all charges which included DWI (VTL 1192(3), Aggravated Unlicensed Operation (VTL 511) and Speeding (VTL 1180). The defendant was facing…

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POLICE MAY ORDER INDIVIDUAL FOUND SLEEPING IN DRIVER’S SEAT OUT OF CAR WHERE HE EXHIBITED SLURRED SPEECH AND SLOW REACTIONS

Many times police will encounter a vehicle with someone sleeping in the driver’s seat. This often leads to arrests for DWI related charges. The issue in such a situation is whether the police may approach that vehicle, awaken the driver and thereafter ask the driver to exit the vehicle. As…

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