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Articles Posted in CRIMINAL PROCEDURE

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NYPD COP’S BLOOD NOT DRAWN FOR MORE THAN SEVEN HOURS AFTER FATAL ACCIDENT – A DRIVER’S RIGHT TO REFUSE A CHEMICAL TEST

Early Sunday morning, New York City Police Officer Andrew Kelly, while allegedly driving in an intoxicated condition, struck and killed 32 year old Vionique Valnord in Old Mill Basin, Brooklyn. The accident happened at approximately 12:41 a.m., however, Kelly’s blood was not drawn for more than seven hours. How can…

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THE THREE PHASES OF DWI DETECTION – PHASE 3– PRE-ARREST SCREENING

As previously discussed, officers are trained in three different Phases of Driving While Intoxicated detection. Phase 1 involves the officer’s observations of the vehicle in motion, Phase 2 involves the officer’s personal contact with the driver and Phase 3, which I will discuss here, involves Pre-Arrest Screening. During Phase 3,…

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NEW YORK LAWYER Peter Tilem CERTIFIED IN DRIVING UNDER THE INFLUENCE DETECTION AND NARCOTIC FIELD TESTING.

Those charged with a New York DWI/DUI or related offenses, should be pleased to hear that New York criminal defense lawyer, Peter Tilem, the managing partner at Tilem & Campbell recently completed two courses relevant to Driving Under the Influence, Driving While Intoxicated and Driving While Ability Impaired by Drugs.…

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TILEM & CAMPBELL IN THE NEWS – COMMENTING ON THE TACONIC PARKWAY CASE

Senior partner, Peter H. Tilem, appeared on the five o’clock news earlier this evening commenting on the Taconic Parkway fatal collision that left the driver and seven others dead. The piece appeared on channel 7’s Eyewitness news shortly after 5 pm. Mr. Tilem, who is a former senior prosecutor in…

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NEW YORK DRIVING WHILE INTOXICATED – BLOOD TESTING – PART 4 – DIRECTION AND SUPERVISION OF A PHYSICIAN

If you are charged with DWI, you need criminal defense lawyers that not only know the law, but also know the science and procedures relevant to a Driving While Intoxicated cases. Continuing with my series of blogs pertaining to blood draws in New York Driving While Intoxicated cases, in this…

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NEW YORK DRIVING WHILE INTOXICATED – BLOOD TESTING – PART 3 – DIRECTION AND SUPERVISION OF A PHYSICIAN

As I have previously explained, in a New York Driving While Intoxicated case where a blood test is directed by a police officer, only a physician, a registered nurse or a physician’s assistant my draw the blood unsupervised. [See NY VTL 1194(4)(a)(1)(i)]. Other specifically listed technicians and the like may…

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