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…
Articles Posted in Legal Terms Defined
NEW YORK RECKLESS DRIVING ENFORCEMENT ON THE RISE
New York Criminal Defense law firm, Tilem & Associates has seen an increase in the number of Reckless Driving tickets and other related moving violations, which is consistent with recent media reports that a crackdown on hazardous driving is underway by the NYPD. According to the media a 24 hour…
Appearance Tickets In New York: New York Has Carved Out Only Three Specific Exceptions Which Allow An Officer To Arrest A Person For A Traffic Infraction Not Committed In the Officer’s Presence
The New York State Legislature has acknowledged that CPL140.10(1)(b) prohibits an officer from making an arrest or issuing an appearance ticket for a traffic infraction not committed in his or her presence and has determined that there are only three specific traffic infractions where an officer should be allowed to…
NEW YORK’S “MOVE OVER” LAW JUST EXPANDED
New York’s “move over” law was expanded starting at the beginning of this year (January 1, 2012) making it applicable to not only emergency vehicles that are stopped on the side of the road but now to “hazard vehicles”. The law, which originally went into effect last January originally only…
WALL STREET JOURNAL ARTICLE FOCUSES ATTENTION ON OVERCRIMINALIZATION IN FEDERAL LAW
An article in today’s Wall Street Journal entitled “As Federal Crime List Grows, Threshold of Guilt Declines” focuses public attention on two trends that has long been followed by Federal Criminal Defense lawyers and has raised concerns among civil rights advocates and attorneys. The first trend, involving the rapid and…
NEW YORK LEAVING THE SCENE OF AN ACCIDENT
New York criminal law firm Tilem & Campbell has just added a new Leaving the Scene of an Accident page to its already extensive website. Leaving the Scene on an Incident (as its called in New York Vehicle & Traffic Law §600) cases in New York can be among the…
IN A STUNNING ASSAULT ON FIRST AMENDMENT RIGHTS – JURY NULLIFICATION PROPONENT WAS INDICTED IN NEW YORK
In what appears to be a stunning assault on first amendment rights, a proponent of a concept called “jury nullification” has been indicted in New York for charges relating to jury tampering. Jury nullification, a term familiar to most experienced criminal lawyers refers to a controversial legal principle in which…
WHAT IS AN APPEARANCE TICKET? [NY CPL 150.10]
In New York, often an individual will be issued an appearance ticket by the police. Many times appearance tickets are issued for offenses such as marihuana possession, aggravated unlicensed operator and driving while intoxicated. Experienced criminal attorneys know that getting a client an appearance ticket, also called a “Desk Appearance…
NEW YORK DESK APPEARANCE TICKET – DAT
New York criminal defense attorneys know that a Desk Appearance Ticket (DAT) can be your best friend. Its great for the attorney who doesn’t have to go to Court in the middle of the night to do an arraignment, its great for the client who doesn’t have to be locked…
NEW YORK GRAFFITI CASE FOCUSES ATTENTION ON SERIOUS CRIMES
The Queens District Attorney’s Office announced the indictment of a Dutch man for his role in spraying graffiti on a subway car in Queens and then taking police on a foot pursuit on the subway tracks. The cases focuses attention on the serious charges associated with graffiti in New York…