Tuesday, September 18, 2018

Illegal Police Conduct: No Violation of Failing to Signal 100 Feet Before Turn


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

People v. Garcia and Mismarked Police Reports

Police officer testifying in Court
For the record mismarked, wrongly worded, and badly timed New York police reports will not get a case dismissed or reduced. In a August 2018 DWI case of People v. Garcia, the defense attorneys filed motions to get a case dismissed based upon a lack of operation. You see the New York police report aka the 710.30 form has check boxes.

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

New York 45 day Rule: Criminal Defense Motions: You Snooze You Lose





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

New York DWI Marijuana: Can CBD Convert to THC?





Can over the counter CBD convert to THC?
More and more people are using CBD for their health problems are they in danger of a DWAI drugs charge?

Friday, August 17, 2018

DWI Case Dismissed for Jurisdictional Defect


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