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Articles Posted in DWI and Traffic Offenses

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NYC Administrative Code 19-190: Is New York City’s “Right of Way” and “Failure to Yield” Law Constitutional

New York City has good reason to enact laws to protect is residents, commuters and tourists. On any given day there are millions of people walking the streets and thousands of cars driving up and down the avenues. However, merely because the intent of the City Council is genuine does…

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Can I be Arrested for DWI if the Police Don’t See Me in the Car: Understanding Circumstantial Evidence in a VTL 1192 Arrest

Drunk Driving, Driving Drunk, DUI, DWI, Driving While Intoxicated…Whatever you call it, an arrest in New York for VTL 1192 has certain mandatory elements that the District Attorney must ultimately prove beyond a reasonable doubt at trial. Sure, most cases do not go to trial, but the NYPD or the…

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If the Police Refuse to Accommodate Your Request to Call Your Attorney in a New York DWI Arrest Can the Results of a BAC Test be Thrown Out

Whenever a person learns that I am a New York criminal lawyer and New York DWI attorney, one of the first questions they ask is whether or not they should “blow” if they are ever stopped or arrested for the crime of drunk driving in New York. Drunk driving, a…

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New York DWI Arrests and Convictions: NY VTL 1192 Prosecutions When You are Not in the Car or Vehicle

It seems as if issues involving DWI, DUI and DWAI arrests routinely “pop up” all over the country and here in both New York State and New York City. The obvious reason as to why this happens is because DWI is an extremely serious, avoidable and potentially catastrophic offense. Whether…

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New York DWI Arrest Dismissed on the Merits by Prosecutors: Accused Never Committed VTL 1192.3

In the City of New York there are cabs, livery cars, Uber services, buses and subways. All of these modes of transportation make it a difficult sell to prosecutors that a drunk driving, DWI or DUI arrest was due to an inability of an accused to get home. Not that…

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Admissibility of Your Portable Breath Test Taken at the Scene of Your DWI Arrest at a New York Criminal Trial

In New York State from Manhattan and Brooklyn to Yonkers and White Plains, drunk driving, driving while intoxicated, DWI, DUI, or any way you want to describe it, VTL 1192 is an extremely serious offense. Simply, not only is a violation of New York State Vehicle and Traffic Law section…

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New York DWI and NYC DUI: Prosecutors do not Need a .08 BAC for a Viable Criminal Case

A conviction for driving while intoxicated, drunk driving, DWI, DUI, or any other name you want to call a New York VTL 1192 crime, can, and often does, has a host of damaging consequences. The foreseeable consequences range from fines to incarceration and suspension / revocation of licenses to an…

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New York DWI – VTL 1192: The Grievance Committee and Potential Suspension of License to Practice Law in New York State

Most of the direct consequences for a DWI (Driving While Intoxicated or DUI) crimes in New York are fairly standard. While there is deviation between sentence to sentence and case to case, the maximums remain the same for any misdemeanor offense involving New York Vehicle and Traffic Law sections 1192.2…

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New York DWI & VTL 1192 Arrests: Can You be Arrested and Prosecuted for a BAC Reading Well Below .08

When arrested for drunk driving in New York City or New York State (some attorneys and non-lawyers alike call this crime DWI or DUI), there are certain elements for each of the two major DWI crimes that transcend every case. That is, for example, if you “blow” a .08 or…

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