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Firm Articles & Updates

4 Basics of the Fourth Amendment’s Exclusionary Rule

The Fourth Amendment to the United States Constitution and the vast body of search and seizure law is important in criminal defense generally, and in drug cases in particular. As attorneys, we always pay close attention to the manner in which evidence against our clients was obtained.

Attacking Key Evidence at DWI Trials

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. Sources of Prosecution Evidence in 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...

Deciding to Consent to Field Sobriety Testing

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015ed. 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 that they have...

Common Mistakes Made by Law Enforcement When Investigating DWI in New York

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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Overview: Criminal Possession of Controlled Substance (CPCS)

The elements of a Criminal Possession of Controlled Substance (CPCS) charge may be simply stated as: the person knowingly and unlawfully possessed a controlled substance. Nevertheless, the drug laws are complex and defending a drug case involves many factors related to the amount of the substance, the type of substance, and many procedural issues often related to the search and how the person finds themselves facing the charge.

Changing Law Enforcement Methods for Apprehending DWI Suspects

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...

Impacts of Recent DWI Trends on Negotiating with the DA’s Office

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...

Possible Severe Impact on Driving Privilege with Alcohol Related Convictions

Dangerous Repeat Offenders and Increased Look Back Time Periods A trend that I am seeing in the area of driver’s licenses is an increasing number of clients who have committed multiple alcohol-related offenses who are facing serious limitations to their ability to have an unrestricted driver’s license, even a lifetime denial of their driving privileges. This is an area of the law that attorneys who represent clients charged with DWI related matters need to be fully educated so they can sufficiently inform their clients as to ramifications of their conviction. They can labeled...

New Laws Impacting New York DWI Cases

Increased Pressure for Increased DWI Penalties There is an immense amount of pressure being exerted on the New York State legislature from outside groups such as MADD and other advocacy groups to put laws in place that will presumably deter people from drinking and driving. For example, back in 2013 the New York State Senate passed legislation requiring mandatory jail sentences for repeat DWI offenders. However, we are finding that the passage of such legislation does not seem to be impacting the number of drivers convicted of DWI. Unfortunately, most people who are repeat DWI offenders...

Can you give me an overview of the NY DWI Law?

The “DWI Law” in New York is contained in VTL §1192 titled “Operating a motor vehicle while under the influence of alcohol or drugs”. The law includes 6 separate offenses; here we will cover 3 of the most frequently charged sections. .

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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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