Being convicted of a DWI is a serious matter that can come with significant repercussions — and it’s crucial to mount a solid defense. If your DWI case will be going to trial, your criminal defense attorney might want to bring in an expert witness as part of your...
INSIGHTS
Can Medications and Medical Conditions Affect Breathalyzer Results?
Breathalyzers are commonly used by the police when they pull someone over on suspicion they are driving while intoxicated. While these devices measure blood alcohol content (BAC) to determine whether the driver is impaired, there are a number of reasons why they may...
What’s the Difference Between Drug Possession, Sale, and Intent to Sell a Controlled Substance in New York?
Drug selling and possession offenses are two categories of narcotics crimes that are prosecuted aggressively in New York. While drug possession involves holding a controlled substance for personal use, the criminal sale of a controlled substance refers to selling,...
When Are Breathalyzer Results Inadmissible in New York?
A breathalyzer is a tool regularly used by law enforcement in New York DWI cases to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. However, there are certain protocols that must be followed and legal requirements that must be...
What is Double Jeopardy and How Does it Work in a Criminal Case?
Double jeopardy protects criminal defendants from being tried more than once for the same offense. It is a right that is afforded to the accused under both the Fifth Amendment of the U.S. Constitution and New York Criminal Procedure Law. Specifically, it provides...
What are the Consequences of Violating Probation in New York?
Probation is a common alternative to jail time for certain criminal offenses in New York. While probation can allow someone who is convicted of a crime to remain in their community, specific terms and conditions must be followed. Failure to do so can result in a...
When Can a Traffic Violation Lead to Criminal Charges in New York?
Most traffic violations in New York are charged as infractions which do not come with any jail time — the penalties that are typically imposed for these offenses are a fine and points on your license. However, certain violations committed behind the wheel are charged...
Understanding Your Rights if You’ve Been Charged with a Drug Crime
Whether the offense involves possession, distribution, or trafficking a controlled substance, being charged with a drug crime can be stressful and overwhelming. If convicted, you could face substantial jail time, significant fines, and a permanent criminal record that...
What is Exculpatory Evidence in a New York Criminal Defense Case?
There are many different kinds of evidence that can be used in a criminal case. One of the most important types of evidence is referred to as “exculpatory evidence.” This is any type of evidence that favors the defendant and can help prove they are not guilty of the...
How are Commercial Drivers Impacted by a DWI in New York?
New York State has strict DWI laws — and they are even more stringent for those with commercial driver licenses (CDLs). Critically, operating a large vehicle comes with a significant amount of responsibility, and CDL drivers are held to a higher standard. As a...
Why is BAC Important in a DWI Case?
A driver’s blood alcohol concentration (BAC) is a common source of evidence that is used to determine whether they were operating a vehicle under the influence of alcohol. Unlike subjective observations by law enforcement, BAC provides an objective measurement of...
What is the Crime of Hazing in New York?
Hazing is often viewed as part of an initiation ritual in college organizations, clubs, and sports. However, these practices can also lead to significant physical harm to a victim. While more colleges are cracking down on hazing, punishment for these offenses isn’t...