Refusals Can Be Actions and Not Words The Judge Suppressed the Defendant’s DWI Refusal  to take a chemical Intoxilyzer Breath Test Based on Improper/Incomplete Refusal Warnings.  Why?  What Can We Learn from this New York DWI Refusal case? After a DWI Arrest the Police Must Advise of the Consequences of a Refusal to Give Breath In People v. Midence, the police officer explained to the defendant that he was being arrested for driving (operating) a motor vehicle while impaired (DWI and DWAI) and properly advised of the consequences of the refusal.  In fact, the ..read more

What happens if you have a PA (Pennsylvania) Driver's License with a New York cell phone Ticket? New York’s Vehicle and Traffic Law (VTL) contains two different sections related to use of ANY portable electronic devices while driving: VTL 1225(c) Use of Mobile Telephone VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving) A ticket for VTL 1225(c) is entirely different than a VTL 1225(d) ticket. 1225(c) is a cell phone ticket (“c” for cell phone) while 1225(d) is an electronic device ticket (“d” for device), more commonly known as a texting while driving ticket ..read more

If I'm prescribed medical marijuana why can't I take it like all my other doctor prescribed substances? After all it is now "legal" or not a criminal activity in the majority of states. Why do the courts, judges, and prosecutors feel medical marijuana is still UN-acceptable? Prescribed Drugs and other Substances Can marijuana ever be prescribed? The confusion lies in many people thinking they have a "prescription" for medical marijuana. It is NOT a prescribed substance. It can't be moved from state to state, can't be taken on plane or a cruise ship, like other real prescription medicati ..read more

NewYork Education Department Needs More Love I have done a few posts concerning being a teacher and getting a DWI. The NYS education department has to follow specific laws and rules before firing you for a criminal conviction. How will the DWI effect your job? How will it impact your life? It depends upon what work you do for the education department, and many other factors which I will list below. State Education Department’s Office of School Personnel Review and Accountability (OSPRA) When you are charged with any crime you will receive a letter stating that they (OSPRA) will ha ..read more

OASAS is also Anti-tobacco In New York if you are charged (not convicted) with any drinking or drugging DUI (DWI/DWAI drugs) then you will have to have a OASAS drug/alcohol assessment. This is no longer voluntary, this is a requirement of the times we live in. Every New York DWI judge now requires this before sentencing for a number of reasons. Is it a fair to require a comprehensive evaluation for every single DWI arrest? Is the evaluator I pick going to be biased or prejudiced against me? Do I have to be on the defense when it comes to my New York DWI evaluation? Some OASAS DWI Ev ..read more

Utah is now .05 is New York far behind? At the end of 2018 Utah lowered it's DUI BAC (blood alcohol concentration) to .05. They now have the lowest DUI alcohol law in the country. This is the second time Utah was first in lowering it's limit for DUI. In 1983 Utah went from .10 BAC to .08 BAC, leading the nation and perhaps heralding the new prohibition on alcohol use. Is .05 BAC DUI too low to prove impairment? Is having a .05 BAC mean you are now guilty of DUI regardless of how you walk, talk, and act? Is .05 BAC going to change the way people drink when not at home? Utah i ..read more

In some New York counties District Attorneys are allowing some drivers to get their speeding tickets completely dismissed through Diversion. Now before you jump up and applaud, there are a great many conditions, obligations, and costs involved with diversion. Is speeding ticket diversion always available? Is speeding ticket diversion worth the time, cost, and hassle? New York Speeding Ticket Diversion is Not New Here we are in 2019 and I have seen diversion programs for traffic tickets, DWI cases, and even felonies in many upstate New York counties. These programs come and go as time goes on ..read more

New York state is progressive in many ways and there are NO mandatory sentences to jail, probation, or community service on first time DWI offenses. License issues can be dealt with in a couple of ways: 1. request for a 20 day license revocation STAY (delay in revocation) 2. conditional license to drive for school, work, and medical (for you and your defendants) 3.shorten revocation from six months to seven weeks with taking of the IDP (impaired driver program) As to jail, probation, or community service, strategy to lessen the consequences take many forms and are dependent upon t ..read more

Body and car cams (cameras) are being used by law enforcement across the country, and yet the progressive state of New York has few to none. Video can be a mixed bag. Watch this to see when and where New York police use video in the processing of an arrest for DWI ..read more

The Draeger Drug Test 5000 Screening Device Many states are now recognizing the benefits of legalized weed both recreationally and medically throughout the United States. Canada just went legal in October of 2018. The backlash against all this legalization is beefing up by the police of DWAI marijuana arrests. In the fight against DUI cannabis the police are now using the Drager Drug Test 5000. Can this device screen drivers suspected of being impaired by drugs? How accurate is this new saliva tester for drugs? Is the Drager Drug Test admissible in a New York court of law? Five Thi ..read more