Friday, September 28, 2018

NY DWI Dismissed: Unlawful Police STOP for Failure to Signal Violation o...

Brandt was stopped for violating V.T.L. § 1163(b), which he argues only applies to a moving vehicle that must signal a turn one hundred (100) feet prior to turning. Where the defendant's vehicle was stationary at a red light and he signaled his intention to turn while stopped, the one hundred (100) feet does not apply. The court agreed with this and his DWI charges were dismissed.

Thursday, September 27, 2018

Are You Being Labeled as a Problem? New York's Driver History Disclosure...

Any two DWI or DUI or OUI or DWAI in any state and within 25 years means New York will now label you a problem driver.
This will affect your license privileges in any state you drive. 

Wednesday, September 26, 2018

Vans and Motorhomes Can Get Constitutional Protection Like a Home

Motorhome gets constitutional protection of 4th amendment's right to privacy

In People v. Pallis, motorhome gets 4th amendment privacy rights.

A recent September 2018 New York State case of People v. Pallis affords privacy rights in a motorhome.

Motorhomes may be more like residences than automobiles where they provide increase privacy and residential necessities (see e.g. United States v. Williams, 630 F2d 1322, 1326 [9th Cir 1980]).

Vans, motorhomes, and campers maybe considered homes for 4th amendment privacy issues. NYS finds a motorhome in Brooklyn was more like a home and didn't permit the warrantless search by police.

The court will have to weigh the factors for or against: stationary vs. mobile

Including: hookups, intent, location, type of van, timing, and use

Monday, September 24, 2018

Dangers of New York DWI Drug Alcohol Evaluations

Knowing what to say in answer to an evaluator's questions is so important to your DWI case outcome.

Do not think that these conversations about your drug or alcohol use are friendly because they are NOT.

Saturday, September 22, 2018

New York DWAI (driving while ability impaired) by Prescription Drugs

Many people are prescribed and take prescription medication. Just because you are "ON" a prescription drug doesn't automatically make you impaired by that drug.

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?