Tuesday, January 15, 2019

New York Speeding Diversion

In some New York counties District Attorneys are allowing some drivers to get their speeding tickets completely dismissed through Diversion. Now before you jump up and applaud, there are a great many conditions, obligations, and costs involved with diversion.

Is speeding ticket diversion always available? Is speeding ticket diversion worth the time, cost, and hassle?

Friday, November 9, 2018

Does New York Have Mandatory Sentences for DWI?

New York state is progressive in many ways and there are NO mandatory sentences to jail, probation, or community service on first time DWI offenses.

License issues can be dealt with in a couple of ways:

1. request for a 20 day license revocation STAY (delay in revocation)

2. conditional license to drive for school, work, and medical (for you and your defendants)

3.shorten revocation from six months to seven weeks with taking of the IDP (impaired driver program)

As to jail, probation, or community service, strategy to lessen the consequences take many forms and are dependent upon the county, the probation department, type of DWI, your history, the DA (prosecutor), and and court/judge who is residing over your case.

Wednesday, November 7, 2018

Do New York Police Have Car Cams or Body Cams?

Body and car cams (cameras) are being used by law enforcement across the country, and yet the progressive state of New York has few to none. Video can be a mixed bag. Watch this to see when and where New York police use video in the processing of an arrest for DWI.

Friday, November 2, 2018

Saliva Testing for Marijuana: New York Police and the Drager Drug Test 5000

The Draeger Drug Test 5000 Screening Device

Many states are now recognizing the benefits of legalized weed both recreationally and medically throughout the United States. Canada just went legal in October of 2018. The backlash against all this legalization is beefing up by the police of DWAI marijuana arrests. In the fight against DUI cannabis the police are now using the Drager Drug Test 5000.

Can this device screen drivers suspected of being impaired by drugs?
How accurate is this new saliva tester for drugs?
Is the Drager Drug Test admissible in a New York court of law?

Wednesday, October 31, 2018

Police Radar Not Calibrated DWI Dismissed!

This is a New York DWI case (People v. Clayton) where the driver got pulled over for speeding. The cop testified that he only used radar and that he had not calibrated the unit for six months! Speeding charge dismissed and DWI Dismissed!!

What is RADAR? = A Radio Transmitter and Receiver

Sends out a signal and receives back a signal. RADAR has limitations, and there are two sources of potential problems or error:

1. The Unit itself (was it working/functioning properly)
2. The Operator (any machine is only as good as it's user)

Remember as in all Police Testing if we can't trust the process we can't trust the result!

This video highlights on big problem area: Calibration of the Unit.

There are a great many other areas of shall we say "Inquiry."

1. Vehicle Interference Error

Did they target and focus only on your car, and no other car or moving object? Was there "traffic" on the road besides your car?

2. RFI (Radio Frequency Interference) Error

Car fan blades and moving car parts (heater or air conditioning unit), also known as mechanical interference error.

Radio signals from police radio, CB, walkie talkie, cell phones, radio, and/or any other electronic device.

Poor connections with any electronics in the car or the unit can cause electrical bleeps and shorts.

Lights in or out of the car can bring on a false reading as well.

3. Calibration by Tuning Fork

The RADAR unit should be calibrated (checked for accuracy) both before and after a speeding ticket is issued. Many law enforcement officers only check the unit at the start of their shift and at the end of their shift. This does not ensure that the unit was properly working at the time of a specific ticket (driving infraction).

If the tuning forks are too hot or too cold they will not accurately calibrate the RADAR unit either.

There are a great many areas to challenge with any ticket but in particular with a speed related infractions. In New York State the standard is for the police to prove that you were speeding beyond a reasonable doubt.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.



Monday, October 29, 2018

Can Early Treatment Help Reduce My New York DWI Sentence?

Sometimes a carefully planned and executed treatment program for drugs and/or alcohol can sway the judge, probation, and the prosecutor to leniency. Knowing where, when, and how to do this is a matter of evaluating the court, the District Attorney's office, and the judge.

Friday, October 26, 2018

Rip-Roaring Drunk Pilot Says He Never Operated Plane with .34 BAC

Pilots like bus drivers, ship captains, and train operators are professional operators with a lower BAC of .04 for DWI. 
This pilot had a .34 at 7am! He argued he never operated the plane and didn't even start the engines.