New York, like many other states, has a DWI implied consent law which presumes that anyone driving in the state implicitly consents to take a chemical test when asked by police officers. While this sounds cut-and-dry, there are several nuances to the New York implied consent law that all motorists…
After a New York DWI arrest, chances are you are not thinking about a guilty plea, and for good reason. You can contest many DWI cases, either due to insufficient evidence of intoxication or the arresting officer’s questionable actions leading up to your arrest. However, in some DWI cases, police…
Recently, a state appellate court issued an opinion in a New York drunk driving case involving the death of a motorcyclist and his passenger. The case required the court to review the evidence to determine if the defendant’s conviction for criminally vehicular manslaughter was supported by the evidence. Ultimately, the…
No one is happy about approaching a DWI checkpoint. However, for drivers who have had a few drinks, or may have smoked marijuana earlier in the day, this can be a horrifying experience. Part of what makes DWI checkpoints alarming is the unknown surrounding what officers can ask you, what…
Everyone knows that driving a car under the influence of drugs or alcohol is against the law; however, fewer people are aware that operating a boat while intoxicated carries similar criminal penalties. Under state law, it is illegal to operate a boat while under the influence of drugs or alcohol.…
Recently, a state appellate court issued an opinion in a New York DWI case involving a defendant’s challenge to the evidence used to convict him at trial. Specifically, the defendant argued that the police officer violated his constitutional rights when the officer approached his car, knocked on the window, demanded…
Police officers are generally able to pull over a vehicle any time they observe a vehicle commit a traffic or equipment violation. However, when an officer initiates a traffic stop, the violation they observed may not be the true reason they are effectuating the stop. In some cases, officers profile…