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Articles Posted in DWI and Traffic Offenses

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Portable Breath Tests and Your Right to Counsel in a New York DWI Arrest

When someone is charged with a DWI in New York City, or elsewhere in the state such as Westchester County or Rockland County, there are numerous complex issues that routinely arise. In every such DUI case, it is critical that your DWI lawyer examine and potentially challenge everything from the…

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Understanding New York’s Two-Hour Rule in a DWI Arrest and Refusal to Submit to a Breath Test

DWI, DUI and DWAI arrests routinely involve complicated issues beyond those that most non-attorneys contemplate. Yes, criminal lawyers will question the reason the NYPD or NY State Police stopped their client’s vehicle. Yes, legal counsel will attack the veracity of an officer’s claims as to how their client allegedly failed…

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New York City DWI and Aggravated Unlicensed Operation of a Vehicle Dismissed on Merits: Client’s Spousal Wrath Curtailed

The New York vehicular crime lawyers and DUI attorneys at Saland Law PC are pleased to share the recent dismissal of all criminal charges against a client accused of DWI and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree. Within the four corners of the criminal court…

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New York DWI and DUI Crimes: Difference Between Operating and Driving a Motor Vehicle

In New York, one requirement of a DWI Offense, such as Vehicle and Traffic Law 1192(2) or 1192(3), is that the person accused of drinking and driving was “operating” the motor vehicle. “Operating” is an interesting choice of words. It’s worth noting that the drafters of the statute deliberately chose…

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NYC AC 19-190: Legal Sufficiency of New York City’s “Right of Way” Law

A law that without question has a good intent and goal, New York City’s Right of Way law, codified as Administrative Code 19-190, has seen its fair share of legal challenges by criminal defense lawyers throughout the City of New York. Although the law that has criminal sanctions does not…

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New York DWI Arrest Dismissed: Client Exonerated after Checkpoint VTL 1192.3 Arrest

The New York DWI and DUI lawyers at Saland Law PC are proud to announce the exoneration of a client arrested for drunk driving, aka, Driving While Intoxicated, pursuant to New York Vehicle and Traffic Law (VTL) 1192.3. After “blowing” a .42 on the portable breath test (PBT), our client…

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Saland Law PC Secures Two Dismissals of New York DWI Chemical Test Refusal Hearings: Clients Maintain License to Drive and Avoid Revocation

Although some New York DWI and DUI lawyers might argue the “fix is in” when it comes to defending a client in a DWI Chemical Test Refusal Hearing at the NY DMV with an Administrative Law Judge, simply that is not the case. While the standard in these hearings are…

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NYC Admin. Code 19-190: The Legality of the Due Care Standard for Right of Way Arrests

New York City Administrative Code 19-190, generally defined as failing to exercise “due care” and violating the right of way of pedestrians and cyclists, is a relatively new statute drafted and passed by New York City. Not codified in the New York Penal Law, legislation drafted and passed by the…

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Can a New York State Judge Seal a Conviction for a Per Se DWI if I Blew Above a .08: DWI and NY CPL 160.59

Unlike DWI arrests in New York where you refuse to “blow,” there are other DWI or DUI crimes that are based on evidence of a person having a BAC of .08 or more. These drunk driving crimes are codified in New York Vehicle and Traffic Law 1192.2. While VTL 1192.2…

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Sealing a Criminal Conviction for a Refusal or Common Law DWI in New York: NY CPL 160.59

In the State of New York, a DWI arrest and conviction can be based on different theories of the law. One such DUI or drunk driving crime is found in New York Vehicle and Traffic Law 1192.3. Often referred to as either Common Law DWI or Refusal DWI, this Driving…

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