Recently, a state appellate court issued an opinion in a New York DUI case requiring the court to assess the lower court’s decision to grant the defendant’s motion to suppress. In a pre-trial motion, the court suppressed evidence obtained by the arresting officer, finding that the officer lacked justification to…
Recently, a New York appellate court addressed a criminal defendant’s motion to suppress evidence based on an unlawful search and seizure. According to the record, a Lieutenant observed a vehicle with its headlights and engine on, parked between gas pumps. The officer testified that he noticed the vehicle because he…
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…
After being convicted of a New York DWI offense, the court will often sentence the defendant to a period of probation. When the court puts someone on probation, it may add certain conditions to the defendant’s probation. If a defendant fails to comply with these conditions, it may constitute a…
When someone is arrested for a New York DWI offense, there are often two simultaneous proceedings. The first is the criminal trial, which can result in a conviction for driving while intoxicated. The facing criminal prosecutions are entitled to heightened constitutional protections, and these offenses must be supported by evidence…
When the State, such as New York, brings charges against someone, the prosecutor overseeing the case will typically do whatever they can to make obtaining a conviction easier. Among the many tactics prosecutors use to do this is to join cases together so they are tried in a single proceeding.…
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…