The defendant was convicted of possession of stolen property in the second degree, upon his plea of guilty while awaiting sentence on an unrelated matter. During his plea allocation, the defendant was promised a sentence of probation, to be served concurrently with his previous probation sentence, provided that he did…
Articles Posted in DWI/DUI
Court Discusses Summary Judgment Motion in Personal Injury Accident for the Owner of a Motor Vehicle
The plaintiffs who were passengers in a town car that was involved in a collision sued for a damaged as a result of the injuries suffered. The plaintiffs sued the both the driver of motor vehicle that was responsible for the accident as well as the owner of the town…
Court Discusses the Contributory Negligence in a Wrongful Death Lawsuit
The plaintiff, who was deceased, drowned when the motor vehicle he was driving broke through a retaining wall, falling into the water. The plaintiff sued to recover damages for wrongful death and conscious pain and suffering. The plaintiff’s estate asserted that the retaining wall was not constructed properly to withstand…
Court Discusses a Defendant’s Confrontation Rights Regarding Breathalyzer Machines
The Defendant was arrested of driving under the influence after the arresting officer observed his erratic behavior including swerving and nearly striking the traffic delineators. The defendant took a breathalyzer test which revealed that his alcohol content was above the legal limit. The defendant was convicted of driving under the…
New York Court Discusses Privacy Considerations Regarding Medical Evidence
In this criminal action, a motor vehicle accident occurred in June 2007at the intersection of Hungry Harbor Road and Rosedale Road in North Woodmere, New York. An officer was responded to an emergency call that a female was grabbed on the street and dragged into a car. Upon receiving the…
Court Finds thats Multiple Trial Delays by Counsel Have Prejudiced the Defendant’s Case
Defendant was charged with driving criminal violations involving driving under intoxication (DUI). The complaint alleges that defendant operated a motor vehicle in an intoxicated condition. In the blood alcohol test that was conducted, alcohol was found in his blood. The court proceedings encountered several delays. The defendant informed his attorney…
Court Discusses Constitutionality of DUI Checkpoints
The defendant in this case was charged with a criminal violation as regards vehicle and traffic law. The police officer involved in this case was assigned to a DWI checkpoint. In accordance with the procedures that are required, every vehicle was stopped and every driver was asked if he or…
New York Court Determines Outcome for Defendant Who Refused Breathalyzer Test
Early one morning in March, 2004, two police officers directed a gentleman to pull over in his car due to an inoperable brake light, as well as what appeared to be excessive window tinting. Upon asking the gentleman to step out of his car, his unsteadiness was noted, as was…
New York Supreme Court Hears Double Jeopardy Argument in DUI Case
In separate incidents, two men were arrested for driving while intoxicated and other various violations of the Traffic Law. As a result of the filing of the charges for driving while intoxicated, the driver’s licenses of both these men were suspended automatically. After arraignment and during pre-trial, both men raised…
Defendant Challenges Forensic Lab Results in DUI Case
A woman was accused of driving while intoxicated. During her trial, the District Attorney presented affidavits and certifications attesting to the analysis and results of tests done by the forensic laboratory. The District Attorney tried to establish the reliability of the tests used by the forensic laboratory by further offering…