Insights

Home > Insights

Is Self-Defense a Justification in New York?

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...

read more
Can You Challenge the Results of a Breathalyzer Test?

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...

read more
Can a Driver Refuse a Field Sobriety Test in New York?

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...

read more
New York State Seeks to Implement Cannabis DWI Test

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...

read more
5 Common Myths and Misconceptions About New York DWIs

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...

read more
What Does the Bruen Case Mean for Gun Owners in New York?

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...

read more
Understanding New York’s Bail Reform Laws

Understanding New York’s Bail Reform Laws

New York’s controversial cashless bail legislation eliminated the use of cash bail for all but the most serious felonies and misdemeanors. The law, which was passed in 2019, has had a sweeping impact on the state’s criminal justice system over the last three years. While proponents argue that cash bail...

read more
Understanding the New Concealed Carry Laws 

Understanding the New Concealed Carry Laws 

On September 1, 2022, a new concealed carry law went into effect in New York following the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. Holding that New York’s “proper cause” requirement violated the Second Amendment, the court struck down part of the...

read more
Use of Chemical Tests in New York DWI Cases

Use of Chemical Tests in New York DWI Cases

Chemical tests play a major role in DWI cases. Critically, there are typically three tests used in New York DWI cases to determine an individual’s blood alcohol content: blood tests, breath tests, and urine tests. While portable breath tests are commonly administered during a traffic stop, these tools are...

read more
What’s the Difference Between a DWI and a DWAI?

What’s the Difference Between a DWI and a DWAI?

Drinking and driving is a serious matter that can result in severe consequences. However, not every alcohol-related driving offense is charged as a DWI. Driving While Ability Impaired (DWAI) is a lesser charge that can be brought by prosecutors in some cases. Although a DWAI is considered a violation — and...

read more
What is Criminal Possession of a Firearm in New York?

What is Criminal Possession of a Firearm in New York?

Criminal possession of a firearm in New York is a serious crime. While this offense was once charged as a misdemeanor, as of March 2013, it can be charged as a class “E” felony. If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences —...

read more