DWI/DWAI Category Archives — Page 7 of 12 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

THE SECOND EPISODE OF LAW TALK WITH PETER TILEM & Peter Tilem WAS A GREAT SUCESS AND IS NOW AVAILABLE ON DEMAND

October 21, 2010 | Jasmine Hernandez

The second episode of “Law Talk with Peter Tilem and Peter Tilem” aired last night and was a great success. The topics last night included prosecutorial and judicial misconduct, the role of the prosecutor and a little bit more about DWAI (Driving While Ability Impaired by Alcohol) in New York. For those who missed the show it is available on demand at the Centanni Broadcasting Network website. Just click on the date to hear the October 20, 2010 show.

Law Talk with Peter Tilem and Peter Tilem airs every Wednesday night at 8pm. You can listen live or on demand and if you have a specific topic that you would like us to discuss please E-Mail us the question at info@tilemandcampbell.com.

NEW YORK CRIMINAL DEFENSE LAWYERS COMPLETE THEIR FIRST RADIO SHOW WHICH COVERED DWI AND GUN CASES

October 13, 2010 | Jasmine Hernandez

New York Criminal Defense lawyers Peter H. Tilem and Peter Tilem completed their first radio show broadcast live over internet radio earlier this evening on the Centanni Broadcasting Network. The topic of the show was the severe penalties for DWI and Gun cases in New York. The shows are archived and are available on demand by visiting the Centanni Broadcasting Network website and clicking on the Law Talk with Peter Tilem, Esq. and Peter Tilem, Esq. button. Or click on the October 13, 2010 show to be brought right there.

Law Talk received rave reviews and is the first in what is expected to be a weekly show, airing every Wednesday Night at 8pm.

Please join us live or E-Mail us any questions that you would like answered on the air to info@tilemandcampbell.com.

NEW YORK DWI ATTORNEY Peter Tilem COMPLETES THE NEW YORK STATE BAR ASSOCIATION’S 2010 “REPRESENTING A DWI DEFENDANT IN NEW YORK FROM ARRAIGNMENT TO DISPOSITION”

September 24, 2010 | Tilem & Associates

In a continuing effort to provide those charged with Driving While Intoxicated in New York with the best possible defense, on September 23, 2010, attorney Peter Tilem a partner in the criminal defense firm Tilem & Campbell successfully completed the New York State Bar Association’s Continuing Legal Education Class “Representing a DWI Defendant in New York from Arraignment to Disposition.”

The class focused on New York’s new Ignition Interlock Law which requires anyone charged with Driving While Intoxicated (by alcohol only) on or after November 18, 2009 and sentenced after August 15, 2010 to install an Ignition Interlock in any vehicle that person owns or operates. This is a very complex law with many yet to be solved problems and issues.

Furthermore, the class focused on test refusals, the imposition of penalties on out-of-state drivers, multiple offenders, and DWI felonies. There was also a session on Field Sobriety Testing (which included the Horizontal Gaze Nystagmus (the eye test), the Walk-and-Turn Test and the One-Leg-Stand Test). The final session of the class concerned breath testing and the inner workings of the most common machines used by law enforcement.

FINAL NOTICE – NEW YORK DWI CONVICTION REQUIRES IGNITION INTERLOCK INSTALLATION STARTING TOMORROW

August 13, 2010 | Jasmine Hernandez

As we have previously reported in our May 7, 2009, January 18, 2010 and July 26, 2010 blogs, the installation of ignition interlock devices will be come mandatory on all Driving While Intoxicated convictions effective tomorrow, August 15, 2010.

These devices are expensive to install, require monthly monitoring and can be embarrassing to explain. DWI’s, DUI’s and DWAI’s are serious offenses that require serious criminal attorneys who know the science and the law behind DWI cases. Besides the mandatory ignition interlock device and the mandatory revocation of your license, offenders face probation or jail and severe fines and surcharges.

As we approach Labor Day, this is a good time to remind people not to drink and drive. If you or a loved one are arrested, charged or questioned about a DWI or other alcohol related incident including Vehicular Assault or Vehicular Manslaughter contact the law firm of Tilem & Campbell.

NEW LAW MAKES IGNITION INTERLOCK MANDATORY ON ALL NEW YORK DWI CONVICTIONS

July 26, 2010 | Jasmine Hernandez

A new law which takes effect on August 15, 2010, makes the installation of an ignition interlock system mandatory on all convictions in New York for DWI charges. The devices which are required to be installed at the defendant’s expense will not permit the car to start if the operator registers a .025 or above of alcohol in their blood. The new law will effect the approximately 25,000 people per yera who are convicted of drinking and driving.

The law first became effective December 18, 2009 as reported in our prior blog and starting in little more than 2 weeks, the aspect of the law requiring ignition interlocks will become mandatory.

The cost of installation of an interlock device is expected to be about $100 and the required monthly monitoring will cost between $70 and $100 dollars per month. The devise will require the motorist to blow into the device to get the vehicle started and require that the driver blow into the device at regular intervals.

DOES YOUR DRIVING WHILE INTOXICATED CASE INVOLVE SERIOUS PHYSICAL INJURY – VEHICULAR ASSAULT IN THE SECOND DEGREE [PL 120.03] – PART 1

July 18, 2010 | Tilem & Associates

If you cause serious physical injury to another person in New York while Driving While Intoxicated (VTL 1192(2), (3)) or Driving While Ability Impaired by Drugs (VTL 1192(4)), in addition to DWI charges, you may also face the more serious charge of Vehicular Assault in the Second Degree (Penal Law 120.03(1)). Vehicular Assault in the Second Degree is a Class E Felony for which you could be sentenced for up to four years in state prison.

For a driver to be guilty on Vehicular Assault in the Second Degree, the prosecution must prove not only that the driver was intoxicated by alcohol or impaired by the use of a drug or the combination of alcohol and any drug or drugs, but also that the intoxication and/or impairment was the cause of the serious physical injury to another. Of course, the prosecution must also prove a serious physical injury as well. (Penal Law 120.03(1)).

However, if a driver causes a serious physical injury to another while operating a vehicle while intoxicated or impaired by the use of drugs or the combination of drugs and alcohol, the law creates a rebuttable presumption that that the driver operated the vehicle in a manner that caused the serious physical injury to another. In other words, if you are Driving While Intoxicated or impaired by drugs and someone suffers a serious physical injury it is presumed that the serious physical injury was caused by how you drove the vehicle.

CHARGED WITH DRIVING WHILE INTOXICATED IN NEW YORK? NOW IS NOT THE TIME TO CALL YOUR “FAMILY” ATTORNEY. WHEN CHARGED WITH DWI IN NEW YORK, YOU NEED A LAWYWER EXPERIENCED WITH DWI DEFENSE

July 7, 2010 | Tilem & Associates

Tilem & Campbell managing partner Peter Tilem is certified in Driving Under the Influence Detection and Field Sobriety Testing. He has taken the same training many law enforcement officers have. He has also completed the National Association Criminal Defense Lawyers 2009 DUI Defense Seminar. Mr. Campbell is an experienced New York DWI trial attorney having tried both felony and misdemeanor DWI cases.

Peter Tilem is a former prosecutor who is experienced in not only defending DWI cases but with prosecuting them as well. Having been a former prosecutor who prosecuted thousands of cases, including DWI, Mr. Tilem brings a unique perspective to DWI defense. Together, Mr. Campbell and Mr. Tilem provide you with a competent, aggressive, experienced and knowledgeable defense team.

Generally, people charged with crimes fall into two categories: (1) true criminals; or (2) decent people who happen to commit an offense. The large majority of individuals charged with Driving While Intoxicated (VTL 1192(2) and/or VTL 1192(3)) fall into the second category. In other words, generally, those charged with DWI are otherwise law-abiding, gainfully employed decent members of society who happen to commit the crime of Driving While Intoxicated. Unlike most crimes, Driving While Intoxicated affects all socio-economic classes, all neighborhoods, all races, all ethnicities, all religions, all professions and all cross-sections of society.

TILEM & CAMPBELL SCORES ANOTHER TRIAL WIN IN WESTCHESTER DWI CASE

May 2, 2010 | Tilem & Associates

Tilem & Campbell managing partner Peter Tilem scored his fourth straight DWI trial victory this week when the Cortlandt Justice Court in Westchester County New York, acquitted his client of all charges which included DWI (VTL 1192(3), Aggravated Unlicensed Operation (VTL 511) and Speeding (VTL 1180). The defendant was facing a year in jail.

While the arresting officer testified to signs of the defendant’s intoxication, Mr. Campbell focused the defense on signs of the defendant’s sobriety and the defendant’s flawless operation of his vehicle. For example, on cross-examination, the arresting officer admitted that he followed the defendant for several miles and that there was nothing about how the defendant drove the vehicle that indicated he was intoxicated; that the defendant maintained his lane at all times; that he did not hit anything or drive erratically; that he safely pulled his vehicle to the shoulder and came to a safe stop. The officer also admitted that the defendant complied with all orders, produced his license, registration and insurance card without any problems and that he exited his vehicle with no problems. The only traffic violation the officer claimed to have observed was speeding.

The Court found that there was reasonable doubt as to whether the defendant was actually intoxicated. Further, the Court found that the defendant had no knowledge that his license was suspended. Finally, the Court found the defendant not guilty of the speeding charge because the arresting officer could not recall if there was a posted speed limit sign at the time he stopped the defendant.

IGNITION INTERLOCK BECOMES MANDATORY UPON CONVICTION FOR DWI IN NEW YORK

January 18, 2010 | Jasmine Hernandez

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 legislation was first reported https://www.newyorkcriminalattorneyblog.com/2009/05/new_york_may_soon_require_igni_1.html last May and is now effective.

The motorist will bear the cost of the installation and rental of the interlock device. Rental can cost about $50per month. Installation can run up to $200 or more depending on the model of the interlock unit and the type or car you drive. Besides the cost, motorists must keep in mind the embarrassment factor. The motorist will not only be required to blow into the device to start the car but also at random times while driving. The unit will be obvious to anyone in the car.

Anyone charged with a DWI or a related offense in New York should speak to an experienced criminal lawyer who specifically handles Driving While Intoxicated cases. The consequences of a DWI conviction in New York have become increasingly harsh with the possibility of jail, huge fines and surcharges, insurance consequences, the possibility of probation, loss of driving privileges and now the requirement of the ignition interlock system.

TILEM & CAMPBELL WINS ANOTHER DWI TRIAL

January 12, 2010 | Jasmine Hernandez

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 Intoxicated. Judge Masselli also dismissed another charge of Parking on the Pavement and issued an order sealing the record.

The case arose after the client was found sleeping behind the wheel of a running vehicle that was sitting on the side of the road by a New York State Trooper. The Trooper testified that he smelled the strong odor of an alcoholic beverage on the driver’s breath and that the driver failed a horizontal gaze nystagmus test that was performed on the side of the road. The Trooper testified that the driver failed other field sobriety tests and refused a breath test that he was offered at the police station.

Managing partner Peter Tilem tried the case on behalf of the firm and this victory makes three DWI wins in a row for Mr. Campbell. The defense focused on the troopers errors in administering and scoring the field sobriety tests and the lack of the intent to operate the vehicle.