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New York DUI Law Blog

Is officer's false testimony enough to throw out charges?

One of the reasons why it is so detrimental for members of the New York Police Department to be charged with a crime is because it makes all future testimony suspect. It is much harder to take an officer's word as true if he or she has been convicted of a crime, at least that is how many people in the criminal justice system see it. Just because an officer has a clean criminal record, however, doesn't mean that he or she can't lie under oath.

Since most officers are trusted and their testimony carries great weight, judges and jury members are likely to believe what officers say. What happens when an officer is lying about a suspect? That suspect could be convicted of a crime that he or she never committed.

You've Got The Wrong Car, Officer: Fighting Your Speeding Ticket

If you've recently been caught speeding, you may be able to fight your traffic violation in court. Under New York traffic laws, there are a few options at your disposal. Most importantly, you must know what type of speed limit you're accused of violating in order to mount a potential speeding ticket defense. How you approach your traffic court appearance should be based on the type of violation.

Why "Sleeping It Off" In Your Car Can Be A Bad Idea

Imagine a situation in which you've had a few too many alcoholic drinks, and you're pretty sure you're not safe to drive home. You know that it's risky to drink and drive, and you don't want to be charged with a DWI under New York City laws. You don't have any money for a cab, your car is parked at the bar or restaurant, and your friends are either unavailable or equally drunk. What do you do?

Your first inclination may be to climb onto your back seat and take a nap until you're sober enough to drive home. This seems like a reasonable option because you wouldn't be driving under the influence, and you could take your time to sober up. However, if you decide to sleep in your car until you're sober, you can still face DWI charges.

Police officer's career is on the line after mistake

Even though we have stressed just how serious a drunk driving charge is, it is still relatively uncommon for someone to lose his or her job specifically because he or she is convicted of driving while intoxicated. At worst, most New Yorkers will be inconvenienced or, in rare cases, lose their job because they needed to be able to drive for work. For officers of the New York Police Department, however, any criminal conviction can have serious implications for their career, something a 22-year-old rookie is learning after his recent arrest.

The young man was arrested in northeast Queens even though he works in Manhattan. He was off the clock when he was arrested, but that likely means little when it comes to both the internal and external punishments he may be facing.

The Consequences Of Refusing A Breath Test When Stopped For DWI

What Happens if I Refuse a Breathalizer Test For DWI?

If you have been pulled over for a DWI in New York City, the police officer likely requested that you submit to a Breathalyzer test. When this happens, you are allowed to refuse the test based on New York DWI laws, but there are significant consequences for your refusal. While it may be a common belief that refusing a Breathalyzer test can get you off the hook for a DWI, the penalties of doing so can actually be almost as bad as those accompanying a first-time DWI conviction.

New York State Assembly won't add license revocation to budget

Gov. Andrew Cuomo has been quite clear that he doesn't want people who have been convicted of drunk driving on the roads. His most recent plan was to include for a reform that would permanently revoke the driver's license of anyone convicted of three drunk driving charges, though it has been removed by the State Assembly from his budget plan. While some people in New York City are quick to jump on this and say that anyone who has been convicted three times for drunk driving certainly deserves to lose his or her license, this plan fails to take into account instances of poor judgment.

Sure, we assume that the people who are committing these drunk driving crimes are going out, getting supremely intoxicated and getting into their cars, knowing that it is dangerous to do so. The truth of the matter is, however, not all people convicted of drunk driving are that aware of the risk. Take, for example, a teenager who is pressured into drinking by his or her friends and isn't really aware of how much alcohol is going to put him or her over the limit.

6 Ways to Fight Your Speeding Ticket

What are the Best Ways to Fight Your Speeding Ticket?

If you've recently been handed a speeding ticket, you may be feeling disbelief or anger about your punishment. You may even want to fight your traffic violation. You should remember that appealing a speeding ticket can require a lot of time and money. However, if you decide that you will move forward with your case, there are several viable approaches you can try. Here are six common ways to fight your speeding ticket:

5 Things to do or Not to Do When Pulled Over for DWI

Things to Consider if you Get Pulled Over for a DWI

Whether you're intoxicated or not, being stopped for suspicion of DWI can be a harrowing experience. Your behavior and actions will have a major impact on how things unfold, and knowing how to respond and what to do when being pulled over for DWI is of the utmost importance.

Breathalyzer Test Results: Are They Reliable?

Are Breathalyzer Test Results Accurate?

Just like every other state in the union, New York has implied consent laws for motorists suspected of driving while intoxicated. Should law enforcement officers ask a driver to take a sobriety test, that person must comply or risk losing his or her driving privileges. Typically, before administering a Breathalyzer test, officers administer a field sobriety test, which gives them the chance to observe the motorist's physical state. They may follow up with a Breathalyzer to verify their observations.

Mother arrested for DWI under Leandra's Law in New Hartford

Many people may find themselves facing allegations of a driving while intoxicated offense in New York. Prosecutors may often pursue drunk driving charges with vigor. Lawmakers have given authorities a wide number of tools in bringing DWI charges. The laws are complex, and the consequences can be harsh. Allegations of high alcohol levels can bring enhanced charges, and a person could face a felony DWI on a first-time offense in specified circumstances under New York law.

It is important to note that a charge is not a finding of legal guilt. Law enforcement, toxicology experts and others involved with the government can make mistakes.

A recent story from New Hartford, New York, highlights how a driver can face felony allegations after being involved in a minor mishap on the road. Police claim that a 26-year-old Utica, New York, woman skidded off the road in her car while attempting to exit from Route 8. Sliding on an exit is not uncommon in New York in early March. But, authorities say that after the woman slid off the road, law enforcement began to suspect her of drunk driving.