How to Win the New York DWI Refusal Case
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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.
Thursday, August 9, 2018
Monday, August 6, 2018
New York CDs and ACDs are very similar alphabetically but are worlds apart in meaning.
Conditional discharges are the most common sentencing option across the board for anything from a non-criminal violation to a misdemeanor and occasionally even a felony level offense.
Adjournment in contemplation of dismissal is where the judge and prosecutor agree to set aside (delay), adjourn if you will your case while they (contemplate) think about dismissing it.
With a New York CD you are most definitely convicted of something.
With a New York ACD you are most definitely NOT convicted of anything.
Both have terms and conditions.
Both have time periods to compete those terms, conditions, and/or obligations.
CDs are usually one year in duration but can be two years max.
ACDs are usually six months, and sometimes can be a year in duration.
Thursday, August 2, 2018
IIDs (ignition Interlock Devices) and DWI go together, well like rice and beans. But knowing the most common way most people violate could save you or loved ones aggravation down the road.
New York has mandatory IIDs since 2010, and this was updated to one year IID in 2012. People that have been sentenced to a New York DWI under ANY VTL 1192 sub section except (DWAI drugs) will have a mandatory condition in place.
VTL (vehicle and traffic law) 1192 is the DWI section of NYS law.
This mandatory condition is called the A2 license restriction by the NYS DMV. It means you can only drive a vehicle with an installed ignition interlock device or IID. This condition is usually ordered for 12 months and you have the option to petition the court for removal after 6 months if you have no issues (failures) with the IID.
This condition never goes away based upon time. Could be there 20 years later.
This condition never goes away based upon circumstance. You don't own a car, you don't have a license, you live in another country.
This condition never goes away based upon finances. You don't have any money, NYS will subsidize your IID.
This video highlights the number one way we see people who violate an IID.