As discussed in a prior blog, when you are charged in New York with Driving While Intoxicated or Driving While Ability Impaired, the most common method used by police to determine your blood alcohol concentration is a Breathalyzer type machine. However, the police may, and sometimes do, request a blood…
Articles Posted in DWI/DWAI
NEW YORK DRIVING WHILE INTOXICATED – BLOOD TESTING – PART 6 – CLOTTING OF THE BLOOD SAMPLE – DID THE COLLECTION TUBE CONTAIN AN ANTICOAGULANT?
If you have been charged with a New York Driving While Intoxicated charge or any other related charge such as Vehicular Manslaughter, you need criminal defense attorneys who not only know the laws relevant to DWI, but also the science and procedures involved with such charges. You need lawyers who…
DRIVING WHILE INTOXICATED – BLOOD TESTING – PART 5- STERILIZATION OF THE SKIN
If you have been charged with Driving While Intoxicated in New York you need criminal attorneys who know not just the law, but the science and procedures relevant to a DWI case.In continuing with my series of blogs concerning blood testing in New York Driving While Intoxicated cases, I will…
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…
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…
TILEM & CAMPBELL SCORES TWO MAJOR VICTORIES IN ROCKLAND DWI CASES
Last Friday, Tilem & Campbell managing partner, Peter Tilem scored a major victory on a DWI case in the Town of Ramapo when a jury acquitted the client of all charges in connection with a DWI that police alleged was committed during the Jewish holiday of Purim. The client was…
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…
NEW YORK DRIVING WHILE INTOXICATED – BLOOD TESTING – PART 2 – DIRECTION AND SUPERVISION OF A PHYSICIAN
As I previously discussed in Part 1 of this group of blogs pertaining to blood testing in NY DWI cases, one of the first areas of attack in a blood test DWI case is the person who drew the blood – the “drawer”. Briefly, at the request of a police…
DRIVING WHILE INTOXICATED – BLOOD TESTING – PART 1
Anyone who drives in New York is deemed to have consented to the chemical testing of his or her breath, blood, urine, or saliva, to determine the alcoholic and/or drug content of their blood. [See NY VTL 1193(2)(a)]. Typically a New York DWI suspect’s breath is tested and he or…
NEW YORK DRIVING WHILE ABILITY IMPAIRED BY DRUGS – COCAINE
So you have been charged in New York with Driving While Ability Impaired by Drugs (VTL 1192(4) or VTL 1192(4-a) if it’s a combination of drugs and alcohol) – specifically, the drug you are alleged to have ingested is cocaine. What comes next? Many times the officer who makes the…