In A New York DUI And DWI Case Does The Two Hour Rule Exclude Testimony of a Refusal

In New York DWI and DUI cases there used to exist a two hour rule which applied to the exclusion from evidence of a chemical test result that was performed more than two hours after the arrest of the motorist. This rule was also applied in the New York DMV to exclude into evidence at the DMV refusal hearing a refusal to take a chemical test. There has been a shift in the law that goes back several years that states that a chemical test performed 2 hours after the arrest is admissible at trial and a more recent shift in the DMV refusal hearing rules not to exclude a refusal that was more than two hours past the arrest.

If you have any questions about a DWI, DUI, DWAI, DWAI by drugs please contact us at 917-744-6593 and you will be speaking with an attorney for a free consultation.

In New York Can A Hardship License Granted by a Judge be Used to Operate A Commercial Vehicle

At an arraignment before a judge on a charge of a DWI or DUI in New York the judge is required to suspend the motorists drivers license if certain criteria are met. This is called the prompt suspension law. If the motorist has a commercial drivers license, CDL the same rules apply. The motorist can request a hardship hearing. At the hearing the judge may grant a hardship license to the motorist. However, the motorist that has a CDL does not get the hardship privilege applied to his CDL just to operate non-commercial vehicles during the time that the hardship privilege is in effect.

If you have any further questions feel free to contact us for a free consultation at 917-744-6593.

FAQ: Can I Get A Copy of the Police Video From My Arrest in New York City For a DWI, DUI or Driving While Impaired?

Many people ask me whether they can get a copy of the video recording of them after their arrest for a driving while intoxicated DWI or DUI in New York City.
The answer is YES.
The video recording of you at the police department can contain vital information and be critical as evidence for and against you in a DWI case.
Therefore, the law requires that the prosecutor turn over to you and your attorney a copy of the video recording.
The recording often times shows key pieces of evidence such as how the police explained and demonstrated the standard field sobriety tests, the actual chemical test, how the refusal warnings were given and what if any statements made by you were before or after the Miranda warnings were given.

Please spend some time speaking to attorneys about your options with regard to your case. I would be happy to speak to you.
Call me at 917 744 6593 for a free consultation.

New York Department of Motor Vehicle Chemical Test Refusal Hearing For DWI Cases

What to expect at the first appearance to the DMV Chemical Test Refusal Hearing.

At your first appearance to the DMV, the refusal hearing may take place if the arresting officer appears for the hearing. If the officer does not appear at the DMV then as long as the motorist does not have any other suspensions, the administrative law judge will reinstate the motorist’s driving privileges on the spot. If the police officer does appear at the DMV the hearing will take place and you run the risk of losing your right to drive in New York as a result. If the police officer does appear you may ask for a postponement of the hearing. If the judge grants the postponement the judge will continue your suspension until the results of a hearing that will be held several months later.

Does the motorist need an attorney at the hearing?

It is highly recommended that you have your own attorney at the refusal hearing. There are many rules and regulations that an experienced attorney can explain to the motorist and can be a great benefit to the motorist.

If you have any questions or for a free consultation please contact Carl Spector at 212 683 5912 or toll free at 800 879 6410.

New York DWI/DUI Arrest, How To Deal with DMV Chemical Test Refusal Hearings

I have found that over the course of my practice of law in New York since 1986 that DMV Chemical Test Refusal Hearings are an area that is very misunderstood by the general public. That said there is a logical way to prepare and defend these matters.
First, contact an experienced criminal defense attorney as soon as possible if you are facing a Chemical Test Refusal Hearing. The preparation for the hearing should begin immediately. The refusal hearing will be scheduled by the criminal court at your arraignment or first court appearance. The refusal hearing will be scheduled within a couple of weeks or less from your first court appearance.
Second, make sure that you detail all of the facts so that your attorney is aware of any documents or additional witnesses that should be spoken to and perhaps called to appear at the refusal hearing.
The attorney should also discuss with you your role at the refusal hearing and what if anything you would testify to at the DMV refusal hearing.
Many times the first appearance at the New York DMV refusal hearing will not resolve your case if the police officer is not present. In that case you may be eligible for reinstatement of your driving privileges.
A second hearing date will be scheduled through the mail some months later.
I will discuss the other issues with the second visit to the DMV on a later post.

If you have any questions or wish to have a free consultation please call 212-683-5912

To learn even more about Carl Spector and what other clients say about me please visit http://www.avvo.com/attorneys/10005-ny-carl-spector-876845.html

Police Sobriety Checkpoints in New York

As we head into this holiday weekend remember that the police are stepping up patrols to curb drivers that drink and drive.  Also remember that the police use the holiday as an opportunity to set up sobriety checkpoints throughout the city and state.  Do not drink and drive however, if you are stopped at a sobriety checkpoint or a roving patrol and get charged with a DWI, DUI or DUAI then know that you have significant legal rights that must be protected.  We know how to protect your rights.

If you have been arrested or charged with a DWI in New York, or New Jersey then call the experienced attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

In New York DWI Cases Why Do The Police Charge Two DWI Charges?

In some cases in New York the police or the prosecutor will file DWI charges against a motorist which contain two separate DWI charges on the same case.  This is common in cases with a breath reading and also common for refusal cases.  The police and the prosecutors are charging you based upon two different legal theories.

The first theory is called the “Common Law DWI” theory.  The second theory is called the “Per Se DWI” theory.  We will talk more about the “Per Se DWI” theory in a later post.

With the “Common Law DWI” theory the police will try to prove that you are guilty of DWI beyond a reasonable doubt based upon their observations of the motorist.  Below are some observational examples that the police often state:

1. Appearance – The police will report that the motorist had bloodshot and watery eyes and that they detected an odor of alcohol was coming from the motorist.

2. Demeanor – The police may report that the motorist was belligerent, sleepy or uncooperative.

3. Manner of Speech – The police will report that the motorist had slurred speech.

4. Motor Coordination – The police report that the motorist fumbled for their paperwork or had poor balance as they exited their vehicle or as they walked.

5. Performance on the Field Sobriety Tests – There are three standard field sobriety tests.  The standard tests are the HGN, One Legged Stand and the Walk and Turn, however the police may employ other tests such as the Alphabet test and or the Romberg test.

The police will present to the court these factors which the prosecutor will argue rise to the level of DWI based upon the totality of the circumstances that the motorist voluntarily consumed alcohol to the extent that she is incapable of employing the physical and mental abilities which he is expected to posses in order to operate a vehicle as a reasonable and prudent driver.

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances.  Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

NYC Office: 212 683 5912
Long Island: 1 800 879 6410
Buffalo: 716 631 9999
Rochester: 585 377 5504
Rest of State: 1 800 879 6410

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Is The Odor Of A Alcoholic Beverage In New York Proof Of Intoxication

In most if not all DWI cases in New York the police officer will indicate that they smelled an odor of alcohol coming from our client or from inside of the vehicle.

The odor of liquor on your breath is NOT proof of intoxication.  While the odor of an alcoholic beverage constitutes evidence that a person has been drinking, it does not distinguish between a person who recently took a sip of alcohol, a person who had a couple of drinks, and a person who is intoxicated.  Furthermore, it does not provide any guidance as to the actual effect of the alcohol on a particular person.

Our lawyers are aware of all the nuances of DWI cases in New York and would be happy to discuss your particular circumstances.  Feel free to call for a FREE CONSULTATION.

Help Available 24 hours a day 365 days a year

NYC Office: 212 683 5912
Long Island: 1 800 879 6410
Buffalo: 716 631 9999
Rochester: 585 377 5504
Rest of State: 1 800 879 6410

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York DWI – Removal Of Ignition Interlock Device

If you wind up with an ignition  interlock device installed in your vehicle you will want to know what is necessary to legally have it removed. The process is called de-installation.   The installation or service provider can only remove the ignition interlock device after they have been given a Certification of Completion or a Letter of De-installation from the department of probation.

We are experienced New York DWI attorneys who know the law.  We are here to protect your rights and your drivers license.

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.