Tuesday, June 19, 2018

New York DWI Breath Testing Victory: A Right to Discovery

The datamaster DMT breath test
New York state uses three machines for breath testing in Driving While Intoxicated cases. They are the Datatmaster, the Draeger, and the Intoxilyzer. The state police exclusively utilize the Draeger and have since time immemorial. Down in the city, and the five boroughs they use the Intoxilyzer units. What they all have in common with one another is The Simulator. What is a simulator? Why is it used with breath testing? Is it that important to the final breath test result?

But the bigger question: Does it matter whether DWI defense attorneys get simulator data? Is the recent victory to get all the information on each and every simulator going to helping the defense of DWI in New York?

Wednesday, June 6, 2018

New York Window Tint DWI Dismissed

This is a recent 2018 New York DWI that was dismissed by the judge. The initial stop was for  excessive window tint (too dark) but when the case went to court it fell apart. BTW In New York State the law is no more than 70% tint.