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Firm Articles & Updates

Can I get early release from felony DWI probation?

Early release is a benefit, that most often has to be earned. With missed payments required by probation, an early release from your probation obligation is unlikely.

2 Types of DWI Test Refusals and the DWI Refusal Hearing

1) Refusal of the roadside test, and 2) Refusal at the police station. The second type is more serious and causes a DMV hearing that will suspended your license for a year. Learn more.

Update: New York State Criminal Justice Reforms- Marijuana and Sentencing

New York, like much of the country, is undergoing numerous changes with regard to the parameters of criminal law in the state. Legislators have been listening to advisory committees, as well as the public, as to their concerns about how criminal defendants are treated in New York, from arrest to sentence. Sweeping changes with regard to bail issues, the right to counsel, marijuana and sentencing have been coming at a rapid pace.

What are the Grounds for Divorce in New York?

There are Seven grounds for Divorce in New York State.  1. No Fault The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.  With the addition of this no-fault ground for divorce in October 2010, parties may now be granted a divorce upon the sworn statement of one of the parties thereby eliminating the need to allege and prove one of the grounds listed below.  Divorce has become much easier in New York. However, the court will not grant a divorce on these grounds unless...

All-Persons-Present Search Warrant Invalid in NY

Court Appeals determined that while there may be a valid all-persons-present warrant, this was not that case.

What type of damages can I get in a personal injury case?

New York law allows a person injured by someone else’s negligence to file a lawsuit and ask for damages.  But the type of damages that you can recover depends on how the injury affects your life. In a personal injury case, those damages are typically thought of in two ways: non-economic damages and economic damages.

FAQs New York Search Warrants

As Americans, we all have increased expectations of privacy in our homes. Pursuant to the 4th Amendment, we are supposed to enjoy a life free from being subjected to unreasonable government searches and seizures. A search warrant is an instrument used under specific circumstances by law enforcement to pierce the protection of these expectations.

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What will happen to my driving license from a DWI?

The impact on a driving license from a DWI is two fold. 1) Prompt suspension at arraignment and 2) Suspension or Revocation if Convicted

Challenging the Evidence in DWI Cases

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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Settlement Options Available to DWI Clients: Ignition Interlock Device Issues

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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Featured DWI Articles

David C. Bruffett, Jr., "Inside the Minds: Strategies for Defending DWI Cases in New York"

Published by Aspatore Books

DWI Defense Strategies

 

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