The accused man is charged of driving while ability is impaired by alcohol. During the course of his DWI consolidated pre-trial hearings and non-jury trial, the accused team objected to the complainant’s admission of the certified calibration records and simulator solution certificates. An NY Criminal Lawyer said that the challenged…
New York Criminal Lawyer Blog
Defendant Contends Double Jeopardy in Theft Case
Magnus Thorbenson was robbed by John Williams, also known as Larry Johnson, with another person. They held a knife to him as he arrived at Betty Hill’s apartment in Bronx. Mr. Thorbenson said they took his car keys, and that he saw them take off with his vehicle. A New…
Defedant Contends Illegal Stop in DWI Case
A police officer and his partner were on routine patrol at one of the intersections in Queens County. The officers noticed the woman driving a grey Cadillac passed through a steady red light. The other officer pulled the vehicle over and as he approached, the woman rolled down her window.…
Court Decides Use of Breathalyzer Under Business Records Exception
Initially, the court held that records reflecting the calibration of breath test machine and analysis of breath test simulator solution used in DWI cases were non-testimonial hearsay and admissible over confrontation clause objection under business records exception. The certifications to be submitted for the calibration or maintenance of the breath…
Court Rules Where DWI Offender Refuses Chemical Test
A traffic officer responded to a radio run of an automobile accident at Roosevelt Avenue and Queens Boulevard. When he arrived at the scene, the accused was standing beside an automobile which had been involved in the car accident. The traffic officer testified that the accused had bloodshot eyes, was…
Constitutionality of DWI Check Points Challeged
A vehicle was stopped at a State Police sobriety checkpoint. After allegedly displaying certain outward sign of intoxication and failing four out of five field sobriety tests, the accused was asked to give a breath sample which resulted in a reading of a .13% blood alcohol content level. The accused…
Defendant Refuses to Take Chemical Test
A man was arrested and was charged of Patronizing a Prostitute and Operating a Motor Vehicle While under the Influence of Alcohol or DUI which is also a misdemeanor. The accused man refused to submit to a chemical test and upon arraignment and his license was duly suspended. The accused…
DWI Defendant Contests Driver’s License Suspension
The first accused is charged with misdemeanor information with Vehicle and Traffic Law and the second accused is charged in separate misdemeanor information with Vehicle and Traffic Law. The issues raised by the defense counsel are identical in each case. A New York Criminal Lawyer said that in each case,…
Defendant Contests Accuracy of Breathalyzer in DWI Case
A man filed an appeal from the decision of the first district court of Nassau County concerning its judgment of DWI and over speeding law suit. The incident happened when a Nassau County police officer observed that the man’s traveling is at about 90 miles per hour on the Long…
Court Rules on Evidence Submitted in DWI Case
The defendant faces charges of DWI or driving while intoxicated. The defendant is also charged with violating traffic laws. According to the arresting officer, the defendant failed to maintain driving within the correct lane. A hearing was held in court to determine if the evidence against the defendant had been…