Tuesday, October 15, 2013

Part 2: DWI Bill of Particulars/Supporting Deposition

Here we go to the first box on the New York DWI Bill of Particulars/supporting deposition form: Numero Uno It's always about the PROOF in any criminal case.

They (the police) must use this form to remember what is needed to make out the basics of their DWI case against YOU! The more (proof) they have to prove all their charges and the level of the charges the better case they can make against YOU.

BOX # 1
The General Information BOX

Arrest date and time is useful to see how long they (the police) took from the STOP of the car until they made an arrest decision.

DOB, and your sex, I still wonder about the U, as in unknown. Guys or girls (people) named Pat maybe?

License State and your ID number: not enough room here for the NYS nine digit ID code.

Address and Phone number

Where your car was left or towed to? Remember they were not going to let you drive it.

Road Conditions, traffic, and weather: maybe significant if there was an accident, or a ticket for speed not reasonable and prudent, also if the weather affected your ability to drive, things like fog, rain, and snow can impair your ability to drive safely.

Weather can also affect how you performed on the "field" tests. These are performed outside (at roadside) in Upstate New York. Freezing cold, rain, or snow on the ground can affect your ability to do the stand on one leg and walk and turn tests.

Prior Convictions: Were they violations? Were they misdemeanors? Were they felonies?
When were they? Remember a "Prior DWI or DWAI drug" conviction within 10 years would enhance this latest offense to the felony level.

Out of state convictions: Could count against you as well, depending upon their date.

BOX # 2
The Reasons for the STOP of the car/Description of violations/accident

Remember the police need PC (probable cause) to make a constitutional STOP of a car.

Did they witness erratic driving?
Did they witness moving violations?
Did they witness non-moving violations? i.e.. equipment, tag, registration, inspection
Did someone (a civilian/non law enforcement) call it in?
These are called BOLO calls: Be On the Look Out for a _____________

Time of the Stop. Compare this to the time of the arrest. 

BOX # 3
Vehicle Operation Shown By BOX

Under New York State law the legal definition is to OPERATING not driving a motor vehicle.

Operation can be proven by some or all of the following: the police (complainant) observing you driving, or a civilian (non police) witness observing you, your admissions (statements), you behind the wheel (remember they just need INTENT), that you intended to drive, if you are close to the car, if the keys were in the ignition, was the motor running, and/or were you injured from an accident.

Lawrence (Larry) Newman, D.C., Esq.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 425 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.