New York Law firm Tilem & Campbell settled its lawsuit against the Bronx Civil clerks office, today, after New York’s Chief Administrative Judge amended the Court rules to comply with CPLR 2102(c). Civil Practice Law and Rules sect 2102(c) requires Court Clerks to accept legal papers submitted for filing unless…
Effective Dec 18, 2009, New York became the latest state to require the installation of an ignition interlock device for anyone convicted of a misdemeanor DWI in New York. The requirement applies to convictions in New York for Driving While Intoxicated or Driving While Impaired by Drugs and Alcohol. The…
The Town of Ramapo located in Rockland County New York is Rockland County’s largest geographically and most populous town. The Town covers more than 61 square miles and contains 12 villages most with Village Courts of their own. With a very diverse population, the Town Court in Ramapo is both…
Westchester DWI defense firm, Tilem & Campbell won another DWI trial last week when Mount Pleasant Judge Nicholas Masselli issued a decision finding that the client who was pulled over on the side of the highway was not “operating” the vehicle and therefore could not be convicted of Driving While…
As discussed in the previous blog New York police are limited in the way they interact with civilians that they encounter on the street. If the police overstep their authority an experienced criminal defense attorney can use the police conduct to get evidence in a case suppressed. Below are the…
In New York, a large body of law has developed around police interaction with civilians that they encounter on the street. When may a police officer approach you for information, question you about criminal activity, detain you and finally, arrest you? Experienced New York criminal defense lawyers must be well…
I previously discussed the New York Court of Appeals decision in People v. Boback, 23 N.Y.2d 189, 295 N.Y.S.2d 912 (1968) which held that an officer can issue a traffic ticket for a non criminal offense he or she did not witness. But the discussion does not end there. Unfortunately,…
Generally, an officer may arrest a person when that officer has reasonable cause to believe that person committed a crime, whether in the officer’s presence or not. However, for an officer to arrest a person for a non-criminal offense, the offense must be committed in the officer’s presence. There are…
Previously I discussed New York Court of Appeal’s cases which held that the police do not have to read a DWI suspect his or her rights before requesting that they perform Field Sobriety Tests because such tests are not testimonial or communicative. People v. Hager, 69 N.Y.2d 141, 512 N.Y.S.2d…
Many times those charged with a New York Driving While Intoxicated charge will complain that they never were read their rights. When one must be read their “rights” is beyond the scope of this blog. However, for purposes of Field Sobriety Tests, the issue addressed in this blog is whether…