How to Win the New York DWI Refusal Case
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Friday, September 28, 2018
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
Wednesday, September 26, 2018
|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
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
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
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
|Police officer testifying in Court|
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?