Recently, a 38-year-old man from White Plains was accused of driving under the influence and failure to install an ignition interlock device. He was spotted by the New York State police because he was illegally parked on I-287 in Harrison, New York. The police interviewed him and found that the…
The holidays are always a time for peak DUI enforcement, as police take to the streets with the assumption that party goers will be driving under the influence. And, to a certain degree, the police are not wrong. The fact is, drunk driving is more common over the holidays, this…
Earlier this month, a state appellate court issued an opinion in a New York DWI case involving a defendant who was sentenced to six months in jail after he failed to complete the terms of a plea agreement. The case is an example not only of the alternate resolutions that…
The Fourth Amendment of the United States Constitution provides individuals from unreasonable searches or seizures. New York criminal defendants who believe that they were the subject of an unreasonable search or seizure should contact an attorney to discuss their rights and remedies. This amendment requires law enforcement officials to have…
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…
If you were pulled over on suspicion of drinking and driving, and you refused to submit to a chemical test, you may face serious consequences. At the Law Office of Mark A. Siesel, our New York DWI defense team understands how to handle refusal hearings and protect your rights at…
When operating a motor vehicle in the state of New York, drivers give their acceptance to provide a sample of their blood, breath, urine or saliva if requested to do so during the course of a valid traffic stop for a violation of the Vehicle & Traffic Law. If you…
If you ask the average motorist, he or she would probably tell you that the night of the year when there are the most drunk drivers would be either New Year’s Eve, Super Bowl Sunday or possibly Thanksgiving Eve. In fact, Halloween night is one of the worst nights annually…
The National Transportation Safety Board (NTSB) has recommended that states reduce the legal limit of intoxication from a blood alcohol content (BAC) of 0.08% to 0.05%. Presently, all 50 states in the United States have a uniform legal BAC of 0.08%, meaning that a driver cannot be convicted of driving…
In an article on the New York Times this week, Dan Frosch reports about New Mexico’s aggressive efforts to fight DWI in that state. In 2011, New Mexico had the eighth highest fatality rate in the United States for alcohol-related accidents. This was an improvement from 10 years earlier, when…