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Articles Posted in CRIMINAL PROCEDURE

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NEW YORK DRIVING WHILE INTOXICATED – PROBLEMS WITH RETROGRADE EXTRAPOLATION – PART 1

Driving While Intoxicated in New York is a serious offense with serious consequences. You need an experienced New York criminal defense attorney who knows not only the law, but the science behind the testing. As I discussed in a previous blog, when one is suspected of Driving While Intoxicated but…

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New York Traffic Offenses Get More Expensive

New York State traffic offenses such as speeding tickets, DWI’s, Driving with a Suspended License and other driving infractions and crimes are getting more expensive. New York State already imposes surcharges totaling $85 for any traffic infraction over and above any fine. The total Surcharge is $80 in City Courts.…

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NEW YORK DWI – DRIVING WHILE ABILITY IMPAIRED VS. DRIVING WHILE INTOXICATED

The difference between a New York criminal conviction for Driving While Intoxicated and a non-criminal conviction for the violation of Driving While Ability Impaired lies in the extent of the driver’s impairment. In fact, where a defendant is charged with Common Law Driving While Intoxicated, it is a common strategy…

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New York City Bans Items that are Common and Lawful Most Other Places in New York State and in the Country.

New York City Administrative Code §10-131 prohibits the possession of common items which are lawful in most other parts of New York State and the Country. As a criminal defense attorney with experience in so many different weapons offenses I see many clients who innocently bring these items into New…

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WESTCHESTER COUNTY DA ANNOUNCES RESULTS OF UNDERAGE DRINKING STINGS

Westchester County District Attorney Janet DiFiore announced the results of a three month sting operation which used underage criminal justice students to purchase alcohol at bars, restaurants and liquor store. The sting resulted in the arrest of 28 people but also demonstrated that establishments enforced the drinking age 81% of…

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ARE YOU ENTITLED TO A SUPPORTING DEPOSITION WHEN ISSUED A NEW YORK TRAFFIC TICKET?

Unless your New York Traffic Ticket was issued in New York City, Buffalo and parts of Suffolk County you are entitled as a matter of law to a supporting deposition on all moving violations (including: speeding, red lights, tailgating, unsafe lane change and failure to signal) . You must however,…

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NEW YORK GUN CRIMES – CRIMINAL POSSESSION OF A WEAPON IN THIRD DEGREE

New York criminal defense lawyers, especially those that handle New York gun possession cases, know that New York has some of the most onerous laws restricting the possession, ownership and use of weapons of all types. This blog presents a brief overview of Criminal Possession of a Weapon in the…

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