When people hear about arrests for DWI, they often think of alcohol as the primary culprit. However, prescription drugs can also impair one’s ability to drive safely and lead to legal trouble. Understanding the impact of medications on motor vehicle operation is the responsibility of everyone who takes these drugs and has a license. How do prescription drugs affect driving? Taking prescription medicines, even according to a doctor’s instructions, can impair driving. Symptoms may include drowsiness, blurry vision, dizziness or slow reaction times. Drugs that commonly trigger these side effects ..read more

Breath tests have become a trusted method to detect alcohol levels in drivers. However, these tests are not foolproof and can sometimes give inaccurate results. If you suspect that such a device has malfunctioned, you do not necessarily have to accept the results. Rather, you can try to understand the potential causes of breath test errors to present a plausible defense to the court. Mouthwash or medications Various types of mouthwash contain alcohol, which can significantly affect the breath test results. In fact, the alcohol concentration in mouthwash can be as high as 42.7%, which is as muc ..read more

If you find yourself in a situation where you need to protect someone from harm and are later charged with assault, you should understand your options for defense. Claiming the defense of others could help you fight the charge. Proving a defense of others claim depends upon a few important elements. What does defense of others mean? Defense of others is a legal principle that permits the use of force to protect someone else from imminent harm. Claiming this defense requires you to prove that someone faced an immediate threat. What is an imminent threat? To claim that the assault occurred in de ..read more

People may have heard about someone committing conspiracy in the news or elsewhere. Some examples of this crime include a person attempting to hire other people to carry out a murder or robbery. However, many people are unaware of what the act of conspiracy actually entails. What constitutes criminal conspiracy in the state of New York? Conspiracy requires intention For law enforcement to bring a charge of criminal conspiracy, they need to show that the defendant intended to commit an illegal act. Simply talking about wanting to commit a crime is generally not enough to qualify as criminal con ..read more

Many adults in New York State safely and legally enjoy an alcoholic beverage or two to relax and have fun. However, many laws surround the consumption, sale and distribution of alcohol, with driving under the influence being one of the most severe breaches of alcohol laws. Providing alcohol to minors is another severe breach that can get people into serious trouble. These laws exist to help protect minors and others under the legal drinking age. What are some of the consequences of adults providing alcohol to minors in New York State? Fines and jail time While some states make exceptions for a ..read more

Illegal insider trading can land you with hefty fines and even jail time. If you are using nonpublic information to make money in the stock market, you have to be very careful with how you go about it. You may think of insider trading as something only experienced Wall Street traders do, but even novice investors can commit this crime accidentally. Before trading stocks, it is important to understand what is legal and illegal so you can stay on the right side of the law. Here are some mistakes you should avoid as an investor. Not reporting your trades There are circumstances where you can trad ..read more

If the police pull you over on suspicion of driving while intoxicated, they will ask you to submit to a chemical test, which they use to confirm whether or not you are under the influence. In New York, officers decide whether to test blood, saliva or urine. Can police force you to take a chemical test? A common question people have is whether or not they can refuse to take a chemical test. New York follows the implied consent law, which requires drivers to take the test, but no one can force it on them. While it typically takes place at the police station following the arrest, drivers have the ..read more

New York is cracking down on white-collar crimes, the so-called “victimless crimes” that do not involve violence but often involve greed. In this enthusiastic environment many charges are being filed, not all valid. If your employer accuses you of stealing, your first instinct may be shock or anger. It is important at that moment to keep your wits about you and do your best to gather the information that will help your defense. Here are five steps you should take if your employer accuses you of theft. 1. Verify exactly what they are accusing you of Ask to speak with someone who can explain exa ..read more

A New York traffic stop may be a stressful, anxiety-inducing encounter. However, knowing what your rights are may help you navigate the situation and minimize any trouble it causes you. If the law enforcement officer who pulls you over wants to search your car during the traffic stop, certain things must be true for him or her to do so. FlexYourRights.org reports that, unless you give an officer your consent, he or she must have either a warrant or something that constitutes probable cause to move forward with a search. When the law enforcement officer has probable cause Probable cause means t ..read more

Life has a funny way of destroying anyone’s well-intentioned plans. Even if you have a firm commitment never to drinking and driving, you may eventually find yourself sitting beside the road during a DWI stop. While these stops can be extremely stressful, how you conduct yourself is likely to make a considerable difference. Patrol officers employ a variety of tactics to catch those they suspect may be driving while impaired. One of these is encouraging drivers to incriminate themselves. Therefore, you may want to think twice before answering what is likely to be one of the officer’s first ques ..read more