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What Defenses Can Be Used in a Drug Possession Case?
If you face charges for possession of a controlled substance, it’s crucial to understand that an arrest does not mean a conviction. While this offense is taken very seriously in New York, there are several defense strategies that can be used to fight the charges against you — depending on the facts of the...
3 Important Things to Know About Marijuana DWAIs in New York
Many people are familiar with New York’s strict laws regarding driving under the influence of alcohol. However, it’s critical to be aware that the state also imposes harsh penalties on those who have been found guilty of driving under the influence of marijuana — including steep monetary fines, jail time,...
Common Mistakes to Avoid Making in Your DWI Case
A DWI is a serious matter in New York. While these situations can be stressful and overwhelming, many people are not sure what they should do or how they should proceed. Critically, there are certain mistakes that are commonly made which could impact your case and result in harsher penalties. If you...
What is the New York State Impaired Driver Program?
A consequence of a DWI conviction in New York can be license suspension or revocation. Losing your license, even temporarily, can have a substantial impact on your life and livelihood. However, if you qualify for the Impaired Driver Program — formerly known as the Drinking Driver Program — you may be...
5 Common Legal Defenses to DWIs in New York
A DWI is a serious criminal offense in New York that can come with life-changing penalties. If you’ve been charged with driving while under the influence of alcohol, it’s crucial to have an experienced DWI attorney who can fight the charges on your behalf. A skilled DWI attorney will be able to assess the...
Is Self-Defense a Justification in New York?
New York law permits the use of self-defense, also referred to as “justification,” in limited situations. Notably, it is a defense that may be asserted in specific cases where the defendant’s use of physical force would otherwise constitute a criminal act. Cases involving self-defense can be extremely...
Can You Challenge the Results of a Breathalyzer Test?
If you’ve been pulled over on the suspicion that you were driving under the influence of alcohol, the police will likely ask you to take a breathalyzer test to determine your blood alcohol concentration (BAC). Under New York’s implied consent laws, a driver is expected to submit to a breath or chemical...
Can a Driver Refuse a Field Sobriety Test in New York?
In a case where a driver is suspected of operating their vehicle under the influence of alcohol, a preliminary breath test isn’t the only test a police officer might ask to administer. Part of the arrest process may include conducting field sobriety tests. These types of tests are designed to assess a...
New York Launches “STOP-DWI Month” and “Don’t Drive High” Campaigns
New York State is notoriously tough on impaired drivers, and driving under the influence of alcohol or marijuana can result in serious legal consequences. Significantly, New York is cracking down on impaired driving with two new public awareness campaigns that were launched during the holiday season....
New York State Seeks to Implement Cannabis DWI Test
With the legalization of recreational marijuana in New York State, the New York State Department of Health is examining methodologies that can be used to detect cannabis-impaired driving. Unlike the technologies that can determine a person’s blood alcohol content in drunk driving scenarios, there are...
5 Common Myths and Misconceptions About New York DWIs
Being arrested for a DWI can be a stressful, scary, and overwhelming experience. Your liberty, reputation in the community, and professional standing are all on the line when you are facing drinking and driving charges. However, many people have various misconceptions about DWIs. It’s important to be aware...
What Does the Bruen Case Mean for Gun Owners in New York?
This past June, the Supreme Court of the United States issued a landmark decision in the case, New York State Rifle and Pistol Association v. Bruen. The Court held that New York’s “proper cause” requirement for a concealed pistol license violated the Fourteenth Amendment as it prevented law-abiding citizens...