Thursday, August 31, 2017

Ithaca DWI Lawyer: Legally Guilty of DWI with Less than .08 BAC

New York State like every other state has a DWI law which states that if you are driving with .08 BAC (blood alcohol concentration) or more you are guilty of driving while intoxicated. New York has another DWI which is called common law intoxication which doesn't require a BAC level at all.

What if your BAC level doesn't match your behavior, responses, and abilities?

Can you be found GUILTY of a New York DWI with a BAC of .07?

Can you found GUILTY of a New York DWI with a BAC of .04?

Wednesday, August 30, 2017

Ithaca DWI Lawyer: Can The Police Cherry Pick Speeders?

Police can and do Cherry Pick
Most people have this thing about stuff being fair. As in, that's not fair or that is fair or the latest expression "fair enough." Is anything really fair enough? Isn't fairness really arbitrary? Is there any set level or standard for fairness?

We in the business of criminal law and the defense of those charged with crimes and violations have people ask us about fairness. Is the prosecutor being fair? Is the judge being fair? Or are they generally speaking fair with fines, punishments, and how they treat people?

When it comes to police charging people fairness moves into a whole other category.

Can the police decide who gets charged with a crime and who does not?
Can the police "cherry pick" their speeders out of a bunch of cars?
Can they write down a lower speed or even a non-speed ticket for a speed stop?

Monday, August 28, 2017

Ithaca DWI Lawyer: Is Your DWI Charge Dismissed if the Prosecutor Takes Too Long?

I Used to Love this Cartoon
Being Speedy Can Be Empowering

Time marches on but in the world of New York legal defense time can be friend or foe. You see the prosecution, aka the government only has so much time to bring and to prosecute charges. These are called your speedy trial rights.

How long does the prosecution have to try and to prosecute you on a New York DWI charge?

What happens if the prosecution waits too long? 

Does the judge just dismiss all the DWI charges? 

Thursday, August 17, 2017

Ithaca DWI Lawyer: How Do Police Prove It Was Your Car Speeding on Radar?

Our Upstate New York law practice puts out lots of videos and blog posts about the defense of tickets and DWI. I think understand the legal process and how things work practically helps people make "informed" decisions. Because of that we get lots of questions concerning speeding ticket defense.

A recent inquiry went like this, Hi, my name is Ryan.

I saw your video called "How Do Police Prove You Guilty of a New York Speeding Ticket?"

It is a great video that helped me better understand the laws, good job!

However, I am curious about something.

When an officer uses a radar gun to determine your speed, how do they prove that they were measuring your vehicle's speed and not of another nearby? (emphasis mine)

Sunday, August 13, 2017

Ithaca DWI Lawyer: Can Video Make or Break Your DWI Case?

Just recently we have seen an uptick in the number of Upstate New York police departments using video. This isn't the video of a few years ago on VHS tape either this is high quality digital images with clear sound. Video is not always positive or negative in every DWI case.

Can video help in the defense of a New York DWI case? 
Can video destroy the defense of a New York DWI case? 
Does video still matter if the DWI case has a breath or blood test? 

Does video matter that much in a DWI refusal case (with NO blood or breath test)?  

Wednesday, August 9, 2017

Ithaca DWI Lawyer: The Truth About New York Reckless Driving

There is a great deal of mis-information on the internet. The first thing on Google that pops up when searching New York Reckless Driving is this:

Which states that in New York, speeding is automatically considered reckless driving once you're 30 mph over the posted limit. Is this really the case in New York State?

If you are 30 mph over the posted limit are you driving recklessly in New York State?

Is that all they need to prove to find you guilty of the criminal misdemeanor of New York Reckless Driving?