Tuesday, February 26, 2019

Judge Suppresses Evidence of New York DWI Refusal

Refusals Can Be Actions and Not Words

The Judge Suppressed the Defendant’s DWI Refusal 

to take a chemical Intoxilyzer Breath Test Based on Improper/Incomplete Refusal Warnings. 

What Can We Learn from this New York DWI Refusal case?

Monday, February 25, 2019

Pennsylvania License with New York Cell Phone Ticket

What happens if you have a PA (Pennsylvania) Driver's License with a New York cell phone Ticket?

New York’s Vehicle and Traffic Law (VTL) contains two different sections related to use of ANY portable electronic devices while driving:

VTL 1225(c) Use of Mobile Telephone
VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving)

A ticket for VTL 1225(c) is entirely different than a VTL 1225(d) ticket. 1225(c) is a cell phone ticket (“c” for cell phone) while 1225(d) is an electronic device ticket (“d” for device), more commonly known as a texting while driving ticket (even though it covers more than texting).

A 1225(c) ticket means the officer is claiming that the driver was engaged in a phone call at the time he observed him/her operating a car. For 1225(d) tickets, it is doesn’t matter whether the driver was making a phone call. A driver who is merely holding their phone, infers that they were texting or using an app (including GPS navigation) can be issued a 1225(d) ticket.

What many people don’t realize is that a 1225(d) ticket can also be given for devices other than phones. A GPS, iPad, phone camera, or other hand-held electronic device also counts under the 1225(d) law.

Will the points transfer back to PA?
Will my car insurance go up?
Will this appear on my PA driving record (abstract)?

Wednesday, January 30, 2019

Using Prescribed Marijuana in New York

If I'm prescribed medical marijuana why can't I take it like all my other doctor prescribed substances?

After all it is now "legal" or not a criminal activity in the majority of states. Why do the courts, judges, and prosecutors feel medical marijuana is still UN-acceptable?

Thursday, January 24, 2019

New York State Education Department’s Office of School Personnel Review and Accountability (OSPRA) and DWI Cases

NewYork Education Department
Needs More Love

I have done a few posts concerning being a teacher and getting a DWI. The NYS education department has to follow specific laws and rules before firing you for a criminal conviction.

How will the DWI effect your job? How will it impact your life? It depends upon what work you do for the education department, and many other factors which I will list below.

Tuesday, January 22, 2019

How to Avoid Problems with Your Drug/Alcohol Evaluation

OASAS is also Anti-tobacco
In New York if you are charged (not convicted) with any drinking or drugging DUI (DWI/DWAI drugs) then you will have to have a OASAS drug/alcohol assessment. This is no longer voluntary, this is a requirement of the times we live in. Every New York DWI judge now requires this before sentencing for a number of reasons.

Is it a fair to require a comprehensive evaluation for every single DWI arrest?
Is the evaluator I pick going to be biased or prejudiced against me?
Do I have to be on the defense when it comes to my New York DWI evaluation?

Monday, January 21, 2019

Utah is Now .05 DUI is New York Next?

Utah is now .05 is New York far behind?

At the end of 2018 Utah lowered it's DUI BAC (blood alcohol concentration) to .05. They now have the lowest DUI alcohol law in the country. This is the second time Utah was first in lowering it's limit for DUI. In 1983 Utah went from .10 BAC to .08 BAC, leading the nation and perhaps heralding the new prohibition on alcohol use.

Is .05 BAC DUI too low to prove impairment?
Is having a .05 BAC mean you are now guilty of DUI regardless of how you walk, talk, and act?
Is .05 BAC going to change the way people drink when not at home?

Tuesday, January 15, 2019

New York Speeding Diversion

In some New York counties District Attorneys are allowing some drivers to get their speeding tickets completely dismissed through Diversion. Now before you jump up and applaud, there are a great many conditions, obligations, and costs involved with diversion.

Is speeding ticket diversion always available? Is speeding ticket diversion worth the time, cost, and hassle?