You can potentially pay fines, go to jail or lose your driver’s license when you are charged with driving under the influence (DUI) of alcohol. Your actions at a DUI stop may determine the probability of facing these penalties. Thus, if the police have reasonable suspicion of drunk driving and they stop you, it will help to be careful about your moves. Here are three things to avoid:  Answering all questions It’s crucial to cooperate with the police, but this doesn’t mean answering all questions. The police mostly ask leading questions at a DUI stop. They want to obtain information they c ..read more

When you are charged with driving under the influence (DUI) of alcohol, the prosecution will provide evidence in court before you are convicted. They will try to prove different elements, including that you were under the influence. Here is how they can do this: Blood-alcohol content  The first type of evidence the prosecution will use is blood-alcohol results. When police officers have reasonable suspicion of drunk driving, they can stop you and administer a breathalyzer test. In New York, you are legally intoxicated when you have a blood alcohol concentration (BAC) of 0.08% or higher an ..read more

Being charged with domestic violence can be devastating. The government takes these matters seriously. In addition to protecting survivors, it implements severe punishment for offenders. Accordingly, if an intimate partner accuses you of it, you may go to jail, pay high fines, lose child custody, lose your job and so on.  You should be careful with every step you make when facing this charge. Here are four mistakes to avoid. 1. Contacting the other party You may wish to contact the accuser to clarify any misunderstanding that may have led to the accusation. However, while you may believe ..read more

When the police notice a driver exhibiting drunk driving signs, such as swerving, sudden acceleration and deceleration or tailgating, they will stop them to conduct a breathalyzer test to measure their blood alcohol content or concentration (BAC) level.   In New York, a BAC of 0.05% shows a driver is impaired, 0.08% or more shows intoxication and 0.18% or higher is evidence of aggravated driving while intoxicated.  Here is what you need to know about BAC: Alcohol in a person’s bloodstream BAC is the amount of alcohol in grams per 100 ml of blood. Hence, a BAC of 0.08% means one ..read more

When you are arrested or put under lawful custody, the police must read you your rights before questioning you for the underlying offense. It could be a domestic violence incident or a drunk driving case. This is known as the Miranda warning, meant to prevent coerced confessions and ensure suspects know their constitutional rights. A section of the Miranda warning informs you that anything you say can and will be used against you in a court of law. But what does the phrase mean, and can you do anything to protect your interests or avoid harming your case? Here is what you should know. Watch wh ..read more

If you are facing criminal charges, you may be tempted to accept a plea bargain offered by the prosecution. A plea bargain is an agreement in which you plead guilty to a lesser charge in exchange for avoiding a trial and the possibility of a harsher outcome. Plea bargains are common in the criminal justice system, as they can save both sides time, money and resources. However, before you accept a plea bargain, you should be aware of the rights you are giving up, as explained below. The right to a trial You have the right to a speedy and public trial. However, accepting a plea means there will ..read more

If you have been arrested for driving under the influence (DUI), you may think you have no chance of avoiding a conviction. However, this is not necessarily true. Police officers are human and can make mistakes during a DUI investigation or arrest. These mistakes can be used to challenge the evidence against you and strengthen your DUI defense. Below are some common police mistakes that can help your DUI defense. Violating your constitutional rights During a DUI arrest, police can intentionally or unintentionally violate your constitutional rights in several ways. For example, pulling you over ..read more

Most people understand that driving under the influence (DUI) is both reckless and dangerous. They also understand that a conviction for drunk driving can lead to serious legal and personal consequences. But are you aware that simply having alcohol in your vehicle can lead to problems? New York’s “Open Container” law regulates the consumption of alcoholic beverages in motor vehicles. Per this law, you may not have an open container of alcohol in your vehicle even when the vehicle in question is parked. Understanding New York’s “Open Container” law Typically, an “open container” is defined as a ..read more

Most domestic violence claims happen behind closed doors. And these make them quite complex to litigate. What is more taxing is coming up with an effective defense if you’re charged with hurting the person you profess your love. If you are charged with domestic violence, however, it is in your best interest that you explore your defense options. Subject to the circumstances of your case, you may claim self-defense. But how does this work? Understanding self-defense Basically, self-defense refers to your right to prevent suffering from violence by countering the aggressive party’s threat with a ..read more

Driving under the influence (DUI) is a serious mistake with far-reaching legal and personal consequences. Even if you are not caught, drunk driving increases your risk of causing an accident. That said, if the police have reasonable suspicion that you are intoxicated behind the wheel, they will stop you for an investigation. And this may involve taking a chemical test to ascertain your blood alcohol content (BAC) level. But can you challenge the breathalyzer test? Understanding the importance of a chemical test in a DUI case A breathalyzer test is crucial for establishing probable cause for a ..read more