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Former Traffic Court Judge Serving New York and New Jersey

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DUI-DWI Archives

DUI reversal could set precedents in New York and elsewhere

The majority of the time, when law enforcement officers in New York City and other cities throughout the U.S. pull a driver over and observe that they have been drinking, the driver themselves know they were drinking and driving. While sometimes drivers may claim they have not had too much to drink, they often realize they have been drinking and driving. Despite a driver’s intentions or beliefs regarding their intoxication and getting behind the wheel, if police stop them, they are typically charged with DUI or DWI.

DUI charge for New York MLB hopeful, despite being under limit

Regardless of whether you are in New York City, or another U.S. city, there are gauges and tests that are regularly used by law enforcement to determine sobriety. Authorities also rely largely on their own observations when assessing sobriety. Sometimes tests may show a person to be within the legal limit, but their behavior may indicate more serious impairment.

Rights of alleged drunk driver violated during arrest

In New York, as well as in every other state, citizens have certain rights that are protected by the Constitution. Even if someone stands accused of a crime, those rights remain intact and it is expected that they be upheld. Unfortunately, that is not always the case. There are instances where, due to specific circumstances, law enforcement officials put proving guilt above one's Constitutional rights. A related case in one state could have major effects on prosecuting drunk driving cases.

New York teen faces more than DWI charge in fatal accident case

Getting caught drunk driving by authorities can often lead to multiple criminal charges. There are times when no one is harmed by drinking and driving, but other times there can be more serious consequences of driving under the influence of alcohol. In those cases, often a DWI charge is just the tip of the iceberg. As New York and other states continue to crack down on drivers who operate vehicles while they are intoxicated, it is likely the charges and penalties will continue to be heavily enforced.

Are the breathalyzers used by the NYPD potentially faulty?

The legal and social ramifications of such a DUI conviction are incredibly far-reaching. This may help explain why one attorney here in New York City is being so persistent in his demand for records from the New York Police Department, records that he believes will reveal that some people slapped with DUI convictions were actually convicted using information from faulty breathalyzers.

Statistics show an increasing number of DUI arrests among women

If asked to describe the typical driver arrested for DUI, there is a very good chance that most of us would describe a man. As if turns out, however, that isn't entirely accurate. While plenty of male drivers do indeed get arrested for DUI, so do many female drivers. In fact, a recent story in Time Magazine shows that the number of female drivers arrested for drunk driving is actually on the rise. Time covered a recent meeting of the Transportation Research Board, in which members discussed a growing epidemic of female drunk driving. The members of the board, however, conceded that it was sometimes difficult to find statistics on this issue.

Mishandled blood sample puts DUI charge in question

Following virtually every traffic stop made by police suspicious of a driver's intoxication, one or more sobriety tests are administered. Methods including (but not limited to) a field test, breathalyzer, and blood sample exam are employed by authorities to determine one's blood-alcohol content, with results frequently comprising the lion's share of a case's relevant evidence.

New York woman accused of driving drunk, crashing car

Being accused of having driven while drunk and having gotten into an accident can be a very serious matter. Major criminal charges can be brought against an individual in connection to such an allegation. This can be seen in a case that has recently arisen in New York.

Pulled Over? Arrested? Tell Us What Happened.

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