How to Win the New York DWI Refusal Case
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Tuesday, September 18, 2018
Police love to pull people at 4:00 in the morning, and sometimes they even misapply the law. Imagine that. A recently dismissed New York DWI case is a perfect illustration of great defense work.
The DWI court (NY has specific DWI courts now) only had one single issue: they had to decide whether the New York State Trooper had probable cause to stop defendant’s vehicle on the basis that defendant failed to properly signal his intention to turn thereby violating V.T.L. §1163(b).
Do you always have signal your intent to turn your car?
When do you have signal your intent to turn your car?
Thursday, September 6, 2018
|Police officer testifying in Court|
What happens if the police don't check some boxes? What happens if the police mischeck some boxes? What happens if the police misstate the times of the arrest, the color of the car, the make of the car, the model of the car, and even the streets?
Thursday, August 30, 2018
Timelines or deadlines are crucial in criminal defense. The NY 45 day rule states that we have only 45 days from the date of the initial appearance with counsel in which to file our motions. In other words the clock starts ticking on our ability to keep out evidence (suppress it) within those first 45 days.
If we do not challenge any of the evidence, then the default is that it all comes in against you at trial.
Friday, August 24, 2018
Monday, August 20, 2018
A Conditional Discharge is the most common sentence by New York judges, so how do they end?
Friday, August 17, 2018
|Wandering on the road is NOT safe|
A drunk woman was wandering two blocks from an accident scene. She refused the breath test. She was later found guilty of DWI after a trial. This was later reversed because of a jurisdictional defect.
What is a jurisdictional defect? How important are the charging documents in any DWI case? How can I tell if my DWI case has one?
Monday, August 13, 2018
Self representation or going "Pro Se" can be dangerous with any legal matter. Here Mike Cyr, a traffic attorney in Upstate New York gives the three main reasons why this is so.
Labels: corning speeding ticket, cortland traffic lawyer, elmira speeding lawyer, ithaca traffic lawyer, new york speeding ticket, new york traffic ticket, self representation speeding, watkins glen traffic lawyer