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Articles Posted in DWI/DWAI

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SUIT FILED AGAINST NEW YORK DMV FOR LIFETIME BAN ON CERTAIN DRIVERS WHO POSSESS CERTIFICATES OF GOOD CONDUCT

New York law firm Tilem & Associates has filed an Article 78 lawsuit against the New York State DMV based upon the DMV policy of instituting a lifetime revocation against certain drivers who have multiple alcohol related driving incidents.  Although the policy was previously upheld in Court the revocation policy…

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TILEM & ASSOCIATES GETS ANOTHER DWI DISMISSED DUE TO AN ILLEGAL STOP – THIS TIME IN ROCKLAND COUNTY

As very experienced New York DWI Attorneys we are often asked to assist other attorneys on complex DWI cases.  Recently, that request paid off for the attorney and his client after all charges related to a Rockland County DWI were dismissed.   In November Tilem & Associates was hired to…

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New York Law Firm Gets Two DWI’s Dismissed on the Same Day in the Same Courtroom

Two New York DWI cases were dismissed in back to back victories, in the same Court on the same day, yesterday. The unusual drama played out in a New York County Criminal Court courtroom, last week as the Judge dismissed DWI charges against two separate defendants. Both dismissals were based…

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DWI CONVICTION REVERSED ON APPEAL. TRIAL JUDGE COMMITTED REVERSIBLE ERROR BY PERMITTING HIS MOTHER-IN-LAW TO SERVE ON JURY

In another stunning victory for Westchester County based DWI attorney Peter Tilem, a Yates County man had his conviction reversed on appeal because the Trial Judge allowed his own mother-in-law to sit on the jury. In a December 20th Decision, Acting Yates County Court Judge Dennis Bender reversed Richard Regan’s…

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US SUPREME COURT VACATES TWO CONVICTIONS FOR LAWYERS INEFFECTIVE PLEA BARGAINING

Recently we reported in our blog that a DWI conviction was vacated on grounds of ineffective assistance of counsel where the lawyer simply had his client plead guilty to Driving While Intoxicated without conducting an investigation into the evidence in the case. Now, just last week, the United States Supreme…

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GUILTY PLEA IN NEW YORK DRIVING WHILE INTOXICATE CASE VACATED BECAUSE DEFENDANT’S ATTORNEY DID NOT PROVIDE MEANINGFUL REPRESENTATION

If you are charged with Driving While Intoxicated [VTL 1192(2), (3)] in New York, the criminal defense attorney you choose can be one of the most important decisions of your life. Are you going to retain a “read-em-and-plead-em” hack, the lawyer who handled the closing when you purchased your home,…

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Driving While Intoxicated Per Se In Violation of VTL 1192(2): Sufficiency of Information: Information Must Contain First-Hand, Non-Hearsay Evidence Regarding Breath Test Result

In New York there are two different Driving While Intoxicated charges. Driving While Intoxicated under VTL 1192(3) is based upon the officer’s opinion that a motorist is intoxicated. This charge is independent of one’s Blood Alcohol Concentration (BAC) and is referred to as common law DWI. The other Driving While…

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Driving While Intoxicated Per Se In Violation of VTL 1192(2): Sufficiency of Information: Information Must Contain First-Hand, Non-Hearsay Evidence Regarding Breath Test Result

In New York there are two different Driving While Intoxicated charges. Driving While Intoxicated under VTL 1192(3) is based upon the officer’s opinion that a motorist is intoxicated. This charge has nothing to do with one’s Blood Alcohol Concentration (BAC) and is referred to as common law DWI. The other…

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NEW YORK CRIMINAL DEFENSE FIRM SECURES THREE EXTRAORDINARY PLEA DEALS IN THREE WEEKS

Capping an unbelievable three weeks, New York Criminal Defense Firm, Tilem & Campbell plea bargained three cases with truly remarkable results. While, Tilem & Campbell has successfully gone to trial and won many criminal cases, it does not always take a trial to get a successful outcome in a criminal…

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