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Articles Posted in DWI / DUI

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People v Guaman

People v Guaman Court Discusses Whether the Judicial Hearing Officer at a Suppression Hearing was Biased The defendant was charged with two counts of driving while intoxicated DWI and one count of aggravated driving while intoxicated. The defendant requested a suppression hearing to suppress the breathalyzer results. The hearing was…

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People v. Condarco

People v. Condarco Court Discusses Whether Suspension of a Driver’s License is a Punitive or Remedial in Nature The defendants were arrested and charged for driving while intoxicated DWI while having a blood alcohol level that is over the legal limit of .10. In each case, the defendant’s license was…

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People v. Vargulik

People v. Vargulik Court Discusses Whether Failure to Comply with Discovery Demand Should Result in Suppression of Chemical Results The defendant was indicted for operating a motor vehicle while under the influence of alcohol, vehicular manslaughter and criminal negligent homicide. The defendant was the driver of a motor vehicle that…

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People v Noreiga

People v Noreiga Court Discusses Whether the Warrantless Search of the Defendant’s Motor Vehicle was Legal The defendant was arrested and charged with two counts of driving while intoxicated, one count of failing to obey a traffic control device and one count of consumption or possession of alcoholic beverage in…

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People v. Blajeski

People v. Blajeski Court Discusses Whether there was Probable Cause to Suspect the Defendant for Driving While Intoxicated DWI The defendant was arrested for driving while intoxicated after parking in a drug prone area. The defendant was found drug prone area with in a vehicle with two other males while…

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People v. Niedzwiecki

People v. Niedzwiecki Court Discusses Whether a Polish Immigrant Received Clear and Unambiguous Refusal Warning The defendant was a polish immigrant who was arrested by the police for DWI driving while intoxicated. The defendant was initially stopped by the police after he operated his vehicle without his headlights and was…

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People v. Blackman

People v. Blackman Court Discusses Section 160.50 of the CPL to Determine Whether the Defendant’s Record should be Sealed The defendant requested to seal her record and to return her prints pursuant to section 160.50 of the Criminal Procedure Law. The defendant was charged with driving while intoxicated DWI and…

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People v. Trujillo

People v. Trujillo Court Discusses Whether the Sentenced Imposed by the Court on a Persistent Offender was Excessive The defendant was convicted of driving while intoxicated and sentenced to definite term of imprisonment of one year based on his criminal history and probation violation. The defendant had a long criminal…

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