How to Win the New York DWI Refusal Case
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Wednesday, October 31, 2018
This is a New York DWI case (People v. Clayton) where the driver got pulled over for speeding. The cop testified that he only used radar and that he had not calibrated the unit for six months! Speeding charge dismissed and DWI Dismissed!!
What is RADAR? = A Radio Transmitter and Receiver
Sends out a signal and receives back a signal. RADAR has limitations, and there are two sources of potential problems or error:
1. The Unit itself (was it working/functioning properly)
2. The Operator (any machine is only as good as it's user)
Remember as in all Police Testing if we can't trust the process we can't trust the result!
This video highlights on big problem area: Calibration of the Unit.
There are a great many other areas of shall we say "Inquiry."
1. Vehicle Interference Error
Did they target and focus only on your car, and no other car or moving object? Was there "traffic" on the road besides your car?
2. RFI (Radio Frequency Interference) Error
Car fan blades and moving car parts (heater or air conditioning unit), also known as mechanical interference error.
Radio signals from police radio, CB, walkie talkie, cell phones, radio, and/or any other electronic device.
Poor connections with any electronics in the car or the unit can cause electrical bleeps and shorts.
Lights in or out of the car can bring on a false reading as well.
3. Calibration by Tuning Fork
The RADAR unit should be calibrated (checked for accuracy) both before and after a speeding ticket is issued. Many law enforcement officers only check the unit at the start of their shift and at the end of their shift. This does not ensure that the unit was properly working at the time of a specific ticket (driving infraction).
If the tuning forks are too hot or too cold they will not accurately calibrate the RADAR unit either.
There are a great many areas to challenge with any ticket but in particular with a speed related infractions. In New York State the standard is for the police to prove that you were speeding beyond a reasonable doubt.
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Monday, October 29, 2018
Sometimes a carefully planned and executed treatment program for drugs and/or alcohol can sway the judge, probation, and the prosecutor to leniency. Knowing where, when, and how to do this is a matter of evaluating the court, the District Attorney's office, and the judge.
Friday, October 26, 2018
Pilots like bus drivers, ship captains, and train operators are professional operators with a lower BAC of .04 for DWI.
This pilot had a .34 at 7am! He argued he never operated the plane and didn't even start the engines.
Thursday, October 25, 2018
The walk and turn has over a hundred little steps, so even a 97% correct is a big fail. Police criteria on whether you pass or fail field sobriety is extremely subjective. What exactly is involved in the walk and turn test?
Can we defend this test just based on common sense? Read on to see how we attack the fundamentals of this rather easy test.
Wednesday, October 3, 2018
|Fake Driver's Licenses Can Look Very Good|
The Ithaca Police department is now charging VTL 509.6 for any forged or fake or fraudulent or fictitious driver's license. This is whether the license is used or just possessed.
Remember that this vehicle and traffic law (VTL) provision has no mental intent. In other words just having it, you are guilty. This is called a strict liability offense. In contrast to murder where you intended to kill someone.
The real issue with VTL 509.6 is not the charge itself or the fine or the state surcharge. The real issue is the New York DMV will suspend your driving privileges. If you are from out of state the New York state license consequences will likely reach back to your home state as well.
What if the charge gets changed?
Is it a ever a good idea to have any violation relating to fraud or deceit or lying on your history? Learn why if you're found guilty or not of the original charge what will likely happen.
Monday, October 1, 2018
This video is the second about the dangers of old DUI/DWI/OUI from any state with a New York DWI or DWAI charge. New York DMV will have a 25 year look back period from the date of the most recent offense. You will likely have to fill out (honestly) the NYS DMV form MV-47, called the Driver Disclosure. Otherwise you can be facing a misdemeanor or felony just by failing to reveal old DUI/OUI/DWI/DWAI.
When Do You Require New York DMV MV-47 Driver Disclosure Form?Usually the NYS DMV will require your driver history from other states you have lived and/or held a driver license prior to giving you any RESTRICTED or CONDITIONAL driving privileges in New York.
They are looking to see if you have a HISTORY of ABUSE. Any two DUI/OUI/DWI/DWAI within 25 years equals a history of abuse.
Paragraph (3) of subdivision (b) of section 136.1 is amended to read as follows:
(3) History of abuse of alcohol or drugs. A history of abuse of alcohol or drugs shall consist of
a record of two or more incidents, within a  25 year period, of operating a motor vehicle
while under the influence of alcoholic beverages and/or drugs or of refusing to submit to a
chemical test not arising out of the same incident, whether such incident was committed within
or outside of this state.
You Can Be Denied a New York Conditional or Restricted License
(b)(1) An [applicant] application for a driver's license [shall] may be denied if a review of
the entire driving history provides evidence that the applicant constitutes a problem driver, as
defined in section 136.1(b)(1) of this Part. If an application is denied pursuant to this paragraph,
no application shall be considered for a minimum of one year from the date of denial. In lieu of
such denial, the applicant may be issued a license or permit with a problem driver restriction, as
set forth in section 3.2(c)(4) of this Chapter and paragraph (2) of this subdivision.
You May Have a License with a A-2 Restriction (Ignition Interlock Mandatory License)
(2) Upon the approval of an application for relicensing of a person who is deemed
a problem driver under this subdivision, the Commissioner may impose a problem driver
restriction on such person’s license or permit, as set forth in section 3.2(c)(4) of this Title. As a
component of this restriction, the Commissioner may require such person to install an ignition
interlock device in any motor vehicle owned or operated by such person. The ignition interlock
requirement will be noted on the attachment to the driver license or permit held by such person.
Such attachment must be carried at all times with the driver license or permit.
The Look Back Period is 25 Years for All DUI/DWI/DWAI/OUI
(3) “25 year look back period” means the period commencing upon the date that
is 25 years before the date of the revocable offense and ending on and including the date of the
New York DWI and DWAI drugs criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.
Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.
Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.