The definition of "sell" under the New York law is far more broad than the non-legal or common sense definition of the word which is to give or hand something over in exchange for money.
The elements of a Criminal Possession of Controlled Substance (CPCS) charge may be simply stated as: the person knowingly and unlawfully possessed a controlled substance. Nevertheless, the drug laws are complex and defending a drug case involves many factors related to the amount of the substance, the type of substance, and many procedural issues often related to the search and how the person finds themselves facing the charge.
DWI Roadblocks an Police Targeting DWI
One of the approaches that we are seeing when it comes to apprehending DWI suspects is a stronger mandate for officers to specifically target people who may be drinking and driving. Roadblocks, regular patrols dedicated to DWI enforcement and increased training regarding proper arrest of suspected DWI offenders are just a few of the ways the police are adapting to the volume of DWI offenders. Indeed, there seems to be a great deal of increased pressure on officers to catch people who may be guilty of DWI. Officers I speak with from...
The recent trends in DWI prosecution have made it harder to negotiate with the local DA’s offices in DWI cases—and again, some individual counties have their own policies in terms of how they handle alcohol-related offenses. It is becoming increasingly difficult to obtain the type of disposition for your client that you could have received five or six years ago, simply by demanding it. For many years it was almost assumed that a first time DWI defendant, who was not involved in an accident and whose BAC was not very high, could receive an offer of a DWAI, a violation level offense. Now in...
The New York Drinking Driver Program (DDP) is part of New York State’s effort to reduce personal and property losses related to DWI offenses. The DDP is an educational program comprised of seven 2-3 hour weekly sessions for 16 hours total.
There are two reasons to participate in the Drinking Driver Program. First, participation is required by the court as a condition of a plea bargain in a DWI case. Second, participation in the program qualifies the participant for a conditional driving license during the post-conviction period of license suspension or revocation.
You must participate...
Dangerous Repeat Offenders and Increased Look Back Time Periods
A trend that I am seeing in the area of driver’s licenses is an increasing number of clients who have committed multiple alcohol-related offenses who are facing serious limitations to their ability to have an unrestricted driver’s license, even a lifetime denial of their driving privileges.
This is an area of the law that attorneys who represent clients charged with DWI related matters need to be fully educated so they can sufficiently inform their clients as to ramifications of their conviction. They can labeled...
Increased Pressure for Increased DWI Penalties
There is an immense amount of pressure being exerted on the New York State legislature from outside groups such as MADD and other advocacy groups to put laws in place that will presumably deter people from drinking and driving. For example, back in 2013 the New York State Senate passed legislation requiring mandatory jail sentences for repeat DWI offenders. However, we are finding that the passage of such legislation does not seem to be impacting the number of drivers convicted of DWI. Unfortunately, most people who are repeat DWI offenders...
The “DWI Law” in New York is contained in VTL §1192 titled “Operating a motor vehicle while under the influence of alcohol or drugs”. The law includes 6 separate offenses; here we will cover 3 of the most frequently charged sections. .
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The Fourth Amendment to the United States Constitution guarantees the rights of the people to be free from unreasonable searches and seizures. The Fourth Amendment protects against arbitrary arrests and is the basis of the law on search warrants, wiretaps, and other privacy law. It is a central concern of criminal prosecution and defense.
For a DWI case, the Fourth Amendment's protection from arbitrary arrests applies to the reason why a police officer stopped a vehicle. An officer will stop a vehicle for some suspected violation of the Vehicle and Traffic Law, for example...
Skilled trial counsel is essential at every stage of a DWI case to preserve your rights. Many people believe that an appeal can cure any mistake that may have occurred in the lower court. This is not how New York appellate courts operate. An appellate court will only consider issues that have been preserved for review.
For example, in a recent case, a driver appealed his conviction for aggravated DWI on a number of grounds. The driver’s appellate lawyer argued that the accusatory instrument contained hearsay allegations. The Court held the issue was unpreserved for review and did not...