Legal Articles and Firm Updates

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Deputy Sheriff Michael Quigley of the Onondaga County Sheriff’s Department has given more tickets than any other person in the county over the last the years. He gives about 10 to 20 per day in the Syracuse-area, giving 67 in one 14-hour period.
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There are 2 relevant time periods involved: 1) the eighteen month window and 2) three years after a traffic conviction.
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. I challenge the prosecution’s discovery practices and evidence in a DWI case early on, way before trial. I first try to bring any challenges to the DA because DA’s are busy; they have dozens of cases, and they rarely want to spend a lot of time and effort on a case...

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Carriers operating a commercial vehicle on New York public highways are subject to a New York Highway Use Tax Law. This law requires that vehicles have a Highway Use Tax (HUT) decal indicating compliance with the law. Failing to have this decal creates a presumption that the vehicle is not in compliance with the law. Violations of Section 1815 are punishable as follows: First conviction: Fine between $100 and $250 Second and subsequent convictions: Fine between $250 and $500, or jail for up to 10 days A driver may also be deemed to violate Section 1815 if the driver: Operates a...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. The negotiation process in a DWI case generally includes an effort to reduce the charges to something less serious. For instance, if my client is a first time offender with a BAC under .13, a common result is getting the charges reduced to Driving While Ability Impaired (DWAI) with a fine of $500 and a surcharge of $260. The sentence is generally a conditional discharge with an instruction to...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. The arresting officer’s testimony is a key component of the evidence typically presented at a DWI trial, along with any dash cam evidence and field and/or chemical test results. If all of that evidence is not in place the prosecution is not going to be pushing that DWI...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. You do not necessarily have to consent to take the field sobriety tests in New York State; that decision is completely up to the driver. However, I generally tell my clients that if they do not cooperate they are essentially giving the officers a valid, reasonable suspicion...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. There are many mistakes that are commonly made by law enforcement when investigating DWI crimes. For instance, officers commonly, and mistakenly believe that crossing the fog line is a reason to stop a vehicle for an alcohol-related offense, but that is not so. There have been...

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DWI Roadblocks an Police Targeting DWI One of the approaches that we are seeing when it comes to apprehending DWI suspects is a stronger mandate for officers to specifically target people who may be drinking and driving. Roadblocks, regular patrols dedicated to DWI enforcement and increased training regarding proper arrest of suspected DWI offenders are just a few of the ways the police are adapting to the volume of DWI offenders.    Indeed, there seems to be a great deal of increased pressure on officers to catch people who may be guilty of DWI. Officers I speak with from...
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The recent trends in DWI prosecution have made it harder to negotiate with the local DA’s offices in DWI cases—and again, some individual counties have their own policies in terms of how they handle alcohol-related offenses. It is becoming increasingly difficult to obtain the type of disposition for your client that you could have received five or six years ago, simply by demanding it. For many years it was almost assumed that a first time DWI defendant, who was not involved in an accident and whose BAC was not very high, could receive an offer of a DWAI, a violation level offense.  Now in...





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Featured Articles

Strategies for Defending DWI Cases in New York by DWI defense attorney David C. Bruffett, Jr.

Read excerpts from partner, David C. Bruffett's, chapter published in: "Inside the Minds: Strategies for Defending DWI Cases in New York" by Aspatore Books. 

 

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