A police officer may not stop your vehicle based upon hunches or gut feelings. A vehicle may only be stopped if the officer has reasonable suspicion of a violation of the law or in accordance with nonarbitrary, nondiscriminatory, uniform procedures, such as at roadblocks, checkpoints and weighing stations. In People…
When a defendant is charged with a crime (such as Driving While Intoxicated or a Controlled Substances offense) based upon evidence found during a car stop, the first question an experienced defense attorney should ask is: “why was the car stopped?” If the stop was unconstitutional, any evidence found as…
Back in August 19, 2009, New York law firm Tilem & Campbell, PC filed a lawsuit against two Bronx Supreme Court Clerks who routinely violated the law by rejecting papers that were submitted for filing without legal reason. As reported in the today’s New York Law Journal, the case was…
New York Law firm Tilem & Campbell settled its lawsuit against the Bronx Civil clerks office, today, after New York’s Chief Administrative Judge amended the Court rules to comply with CPLR 2102(c). Civil Practice Law and Rules sect 2102(c) requires Court Clerks to accept legal papers submitted for filing unless…
Effective Dec 18, 2009, New York became the latest state to require the installation of an ignition interlock device for anyone convicted of a misdemeanor DWI in New York. The requirement applies to convictions in New York for Driving While Intoxicated or Driving While Impaired by Drugs and Alcohol. The…
The Town of Ramapo located in Rockland County New York is Rockland County’s largest geographically and most populous town. The Town covers more than 61 square miles and contains 12 villages most with Village Courts of their own. With a very diverse population, the Town Court in Ramapo is both…
Westchester DWI defense firm, Tilem & Campbell won another DWI trial last week when Mount Pleasant Judge Nicholas Masselli issued a decision finding that the client who was pulled over on the side of the highway was not “operating” the vehicle and therefore could not be convicted of Driving While…
As discussed in the previous blog New York police are limited in the way they interact with civilians that they encounter on the street. If the police overstep their authority an experienced criminal defense attorney can use the police conduct to get evidence in a case suppressed. Below are the…
In New York, a large body of law has developed around police interaction with civilians that they encounter on the street. When may a police officer approach you for information, question you about criminal activity, detain you and finally, arrest you? Experienced New York criminal defense lawyers must be well…
I previously discussed the New York Court of Appeals decision in People v. Boback, 23 N.Y.2d 189, 295 N.Y.S.2d 912 (1968) which held that an officer can issue a traffic ticket for a non criminal offense he or she did not witness. But the discussion does not end there. Unfortunately,…