This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case.
I challenge the prosecution’s discovery practices and evidence in a DWI case early on, way before trial. I first try to bring any challenges to the DA because DA’s are busy; they have dozens of cases, and they rarely want to spend a lot of time and effort on a case...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books.
The negotiation process in a DWI case generally includes an effort to reduce the charges to something less serious. For instance, if my client is a first time offender with a BAC under .13, a common result is getting the charges reduced to Driving While Ability Impaired (DWAI) with a fine of $500 and a surcharge of $260. The sentence is generally a conditional discharge with an instruction to...
The Fourth Amendment to the United States Constitution and the vast body of search and seizure law is important in criminal defense generally, and in drug cases in particular. As attorneys, we always pay close attention to the manner in which evidence against our clients was obtained.
This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case.
Sources of Prosecution Evidence in DWI Case
The arresting officer’s testimony is a key component of the evidence typically presented at a DWI trial, along with any dash cam evidence and field and/or chemical test results. If all of that evidence is not in place the...
This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case.
Refusing is Up to the Driver: But Refusing is Rarely Helpful
You do not necessarily have to consent to take the field sobriety tests in New York State; that decision is completely up to the driver. However, I generally tell my clients that if they do not cooperate they are essentially...
“Knowingly” is a particular state of mind required for the commission of a crime.
A person is guilty of possessing a hypodermic instrument when he or she unlawfully possesses or sells a hypodermic needle.