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Lawyers in Newyork - Get all the best information to adjudge about legal practices, lawyers- their details and other related attorney services operable in and around 62 counties of the state of New York.

Attorney Offices by Municipality

  1. Nassau County/Lower Manhatten
    1. Collins, McDonald & Gann: IF YOU'VE BEEN ARRESTED... Call an experienced criminal defense attorney immediately. He can advise you of your rights while in police custody and help protect you from hurting your chances in court. He can prepare for and appear at your arraignment, arguing against the prosecutor's request for the judge to set bail. He can thoroughly investigate your case and interview witnesses who may help you. If appropriate, he can help present your side of the story to a grand jury. Ultimately, he can challenge the evidence against you in court proceedings such as suppression hearings and trial.
  2. Newburgh
  3. New City
    1. Lauterbach, Spencer: Business Formations Business Law Business Transactions Closings Corporate Law Criminal Driving While Intoxicated DWI Estate Planning Evictions Foreclosure Defense Foreclosure Help Incorporations Landlord and Tenant Leases Living Trusts Living Wills Mortgage Help Mortgage Workouts Mortgages Power of Attorney Probate Real Estate Real Estate Litigation Shoplifting Short Sales Speeding Surrogate Court Practice Tickets Title litigation Title Searches Trusts Vehicle and Traffic Will Contests Wills
    2. Braunfotel & Frendel: A first priority for many people who have been arrested for driving while under the influence of alcohol is to keep their driver's licenses.
    3. Montalbano, Condon & Frank: Should you refuse a breathalyzer test? Many drivers stopped for DWI wonder whether they should refuse to take a breathalyzer test. If you refuse, your license will be suspended and you will need to attend a DMV hearing to recover it. We attend such hearings with clients, making sure that the police had probable cause for the traffic stop and whether you were informed about the possible loss of your license if you refuse a test. You must appear at the hearing within 10 days. Otherwise, your license will be revoked for up to one year. It is critical to have experienced counsel with you at this hearing to protect your rights. Are lesser penalties possible? Depending on the level of the drunk driving charge, our attorneys may be able to negotiate alternate penalties. Some of our clients have performed community service in lieu of jail time. Others have obtained reduced sentences. Our law firm has been defending people in Rockland County against charges such as DWAI (driving while alcohol-impaired) and aggravated DWI (driving with a blood alcohol content of .18 or higher) since 1973.
    4. Braunfotel, Keith: personal injury, workers’ compensation, criminal defense, and real estate
    5. Emily Fabrizio: If you are convicted of a misdemeanor offense, such as drunk driving, you could lose your driver's license, be forced to pay large fines and court costs, lose your vehicle, be ordered to alcohol treatment, and even serve jail time. Criminal cases require aggressive and skilled defense.
  4. New Paltz
  5. New Rochelle
    1. Marcus Ollman & Kommer: * Divorce and family law * Estate planning * Elder law * Oil and gas litigation * Real estate * Criminal defense * Commercial litigation * And more
    2. Gugliotta & Associates: Driving While Intoxicated, NY - As a defendant in a criminal case you have many rights which you need to know before you go to court or speak to a police officer when arrested. If you made a mistake, don't make it worse. Call us at 914-813-1700. Driving While Intoxicated (DWI) is a serious matter and will effect your license status, insurance premiums and can result in significant fines and surcharges. We handle these matters in New York and California (DUI).
  6. New Windsor
  7. New York City New York City New York City New York City New York City New York City New York City
  8. Northport
  9. Orlen
    1. Carr Saglimben: * The sale or possession of any drug — from marijuana and heroin to methamphetamines and cocaine * First-time or repeat DUI/DWI offenses * Driver's license hearings * Any other misdemeanor or felony Remember, you can lose you license on your first DWI charge. If you have been charged with DUI/DWI, contact a lawyer as soon as possible. You can lose your license even if you are not convicted of an offense.
  10. Oswego
  11. Parksville
    1. Joel Proyect: In the State of New York, the consequences of a DWI are severe. While the first conviction is a misdemeanor, a second conviction can be charged as a felony. Those strict laws and penalties make it challenging to defend if there are breath, blood, or urine tests that show blood alcohol content (BAC) over the legal limit of .08 percent.
  12. Pittsford
  13. Pleasant Valley
    1. Vasti & Vasti: First Offense DWI/DWAI The earlier you contact an attorney, the better. Although most first offenders will not serve jail time, your driver's license is in jeopardy and there are many other potential penalties: fines, higher insurance, a criminal record, probation, addiction treatment and/or stiffer community service.
  14. Port Chester
  15. Poughkeepsie
  16. Queens
  17. Riverhead
  18. Rochester
  19. Rockville Centre
  20. Ronkonkoma
  21. Roslyn
  22. Rye Brook
  23. Sag Harbor
    1. Coyle, Robert: DMV, DWI, TRAFFIC, CRIMINAL DEFENSE, and PERSONAL INJURY.
  24. Saratoga Springs
  25. Sayville
    1. Cameron, Bryon: If you have been arrested for or charged with drinking and driving, you want an experienced and knowledgeable attorney representing you and protecting your rights. The consequences of a conviction can be serious, including fines, penalties and jail time, as well as the loss of driving privileges, forfeiture of your vehicle, and increased insurance premiums. You want a lawyer who fully understands how DUI/DWI cases are prosecuted, one who has provided a successful defense to others charged with drunk driving.
  26. Schenectady
  27. Sea Cliff
  28. Setaukit
    1. Parlatore & Makrides: A lawyer's professional services differ from those rendered by a doctor or dentist in one important way: much of the work done on your case is done when you are not present. A great deal of our time goes into the preparation of documents, researching the law, investigation, and trial preparation.
  29. Smithtown
  30. Somers
    1. Martin Ashley: DWI, Minor Crimes, Juvenile Offenses Life often brings the unexpected. If you or your children have been charged with a traffic offense, DWI, DWAI, shoplifting, petty larceny, family offense or other minor crime, you want a lawyer who can navigate the criminal justice system for you and resolve this difficulty for you quickly and quietly.
  31. Southampton
    1. Fisher, Fred: New York DUI/DWI Law Under New York DUI/DWI law, you have rights that govern the instances in which you can be pulled over. However, if you are legally pulled over and a police office has reason to believe that you are driving under the influence, then he or she can administer field sobriety tests to collect evidence of your impairment. You will be arrested if your blood alcohol content (BAC) level is .08 or higher. If you are arrested, you may be fingerprinted and asked to take additional tests to determine your BAC level. You will likely be held in jail overnight, and you may have to post bond before you will be released. Under New York law, you may be convicted and required to pay fines and serve jail time even if your BAC level is only between .05 and .07. Maximum fines and jail sentences are levied to those whose BAC levels are over .18 or who have previous drunk driving convictions. Drivers under 21 can lose their licenses if their BAC levels are measured at .02 or higher. If you've been arrested for DUI/DWI in New York, you need a DWI attorney who has the necessary experience and knowledge to build a successful case in your defense.
  32. Staten Island
  33. Suffolk County
  34. Sufern
  35. Syracuse
  36. Tannersville
    1. Sandleitner & Sandleitner: For even the most seasoned attorneys, defending DWI/DUI cases presents special challenges involving sophisticated blood alcohol testing technology and an increasingly harsh prosecutorial climate.
  37. Terrytown
    1. Cushnar & Garvey: It begins with sirens. Maybe the police wrote you a citation. Maybe you spent the night in jail. However, it happens facing a criminal charge can be frightening and stressful.
  38. Troy
  39. Uniondale
    1. Schwartz, David: It’s critical that you have the information you need to make good decisions, and that you have that information early in the process. You need to know how the charges and the choices you make in responding to them can affect your future-and your family’s future. Talking to a lawyer who knows the law and how it applies to your case will help you make informed decisions.
  40. Unknown
  41. Utica
  42. Valley Stream
    1. Isaacs, Mark: * All Misdemeanors * All Felonies * Domestic violence * Weapon charges * Sex offenses * Violent crimes * Robbery * Driving While Intoxicated (DWI) * Petit Larceny (Shoplifting) * Assault * Suspended licenses * Speeding-radar cases
    2. Scheinman, Douglas: When you have been charged with a criminal violation, including drunk driving, you want an experienced lawyer, one who knows the criminal justice system. You want an attorney who will help you understand your options and who will give you a realistic assessment of your chances for acquittal.
  43. Victor
  44. Walden
  45. Wappinger Falls
  46. Westbury
    1. Nassau County DWI Lawyers: Below are a list of some defenses ... in a typical case. Obviously, not every one applies in every case. But the list gives you a flavor for the sorts of problems plaguing the state’s evidence. Contrary to popular belief, DWI cases do not rest on hard science. They rest on pseudo-science, often times junk science. Unfortunately, hundreds of innocent people get convicted of DWI every court day, often by pleading guilty even in the face of spurious prosecution evidence. Hopefully, you won’t be one of them. 1. GERD Or Heartburn Caused A Falsely High Reading On The DWI Breath Alcohol Test Suffering from Gastroesophageal Reflux Disease (GERD), acid reflux or heartburn can “fool” the DWI breath machines, causing an inaccurately high reading of the blood alcohol level. The breath machine is supposed to receive and measure alcohol from the deep lung tissue, a region of the lungs called the alveoli. Breath alcohol concentration from this “alveolar air" or “deep lung air” is thought to correlate with blood alcohol concentration. But GERD can cause alcohol to travel from the stomach back to the throat and mouth. When this happens, the DWI suspect blows this “mouth alcohol” (rather than alveolar air alcohol) into the breath machine. The machine then provides a reading higher—often times dramatically higher—than the DWI suspect’s true BAC. A person with a true BAC of .05 can read .20. This problem is not limited to those who suffer from regular or chronic GERD. Anyone who recently ate a large meal, a greasy meal or a spicy meal may experience acid reflux or heartburn. If you take a DWI breath test during this period, the results may be erroneously high. 2. The Nassau County Police Officer Failed To Read You Your Miranda Rights Police must advise you of your Miranda Rights in a Nassau County DWI case if (1) you are in custody and (2) they question you seeking to illicit an incriminating response. If the officers continued to interrogate you after placing you in custody for DWI, and did not first read you your Miranda Rights and obtain a valid waiver, then your post-custodial statements will likely be excluded from evidence. 3. Weaving Within Your Lane Does Not Justify A DWI Traffic Stop Many Nassau County DWI traffic stops occur because the officer claims to observe the DWI suspect weaving within his/her lane, perhaps with the tires touching the fog line or yellow lane divider, or briefly encroaching into the neighboring lane. New York Courts have ruled that this usually does NOT justify a DWI traffic stop—unless an “experienced officer” observed “pronounced weaving” for a “substantial distance.” If the Nassau Court finds that your traffic stop was not justified, the entire Nassau County DWI case will most likely be dismissed. 4. Alcohol On Your Breath Does NOT Mean The Driver Is Under the Influence In explaining why he believes you were drunk, the Nassau County DWI officer almost always mentions smelling “a strong odor of alcohol on the suspect’s breath.” But the officer looks foolish on cross-examination when he admits that alcohol itself (ethanol) has no odor. Rather, it’s the mixing agent or flavoring that produces the odor we associate with alcohol. If you doubt this, go to the market and buy a 6-pack of O’Doul’s. It tastes and smells just like beer; but it contains no alcohol. Indeed, laboratory studies show that police officers’ perceptions of how strongly a person’s breath smells of alcohol simply doesn’t correlate with his/her actual blood alcohol level. All that can be gleaned from the “odor of alcohol on the breath” is that a DWI suspect probably consumed some alcohol recently. But it does not provide evidence that the person drank enough to be “under the influence” or to have a BAC .08 or higher. 5. The Officer Lacked Probable Cause For The DWI Arrest After conducting the roadside Nassau County DWI investigation, the officer can only arrest you (apply the handcuffs and take you away for a chemical test) if he/she has “probable cause.” This means the evidence must rise to a level in which a reasonable DWI officer would believe a crime (drunk driving) has been committed. You are entitled to a special court proceeding—called a “suppression hearing” —in which a judge decides whether the DWI officer had probable cause for the arrest. At the hearing, the officer testifies and is cross-examined by the DWI defense lawyer. Our Nassau County DWI firm conducts this hearing routinely in DWI cases. If the judge decides the officer who arrested you for DWI lacked probable cause, then the subsequent breath or blood alcohol test is excluded from evidence. Often, the entire Nassau County DWI case is dismissed. In practice, judges usually side with the prosecution at the suppression hearing, finding that probable cause existed. Still, the hearing provides an invaluable opportunity to question the officer and confront him/her about the problems with the DWI investigation. This often leads the prosecution to reduce the charge or to settle the DWI case on terms more favorable to the defense. 6. There Are Innocent Explanations For Your Faulty Driving Perhaps the DWI officer saw you swerving for a short distance, make a wide turn or drift out of your lane. Of course he will paint these as sure signs of drunk driving. But in reality, sober drivers engage in these sorts of driving miscues all the time. How often do you see a car drifting around in its lane, only to look over and notice the driver on the cell phone? Or reading a map? Or eating? Usually, the “bad driving” the DWI officer claims to observe is just as consistent with a distracted or inattentive driver—but otherwise sober driver—as it is with a drunk driver. 7. The Alleged Signs of DWI Are Actually Signs Of Fatigue Many of the “typical” symptoms associated with DWI can just as easily be explained by fatigue. Sheer exhaustion often causes one to drive his/her vehicle poorly, to have bloodshot and watery eyes, to respond slowly to some of the DWI officer’s questions, and to struggle with the field sobriety tests that require vigilance and good coordination. To be sure, driving while exhausted or drowsy driving is dangerous in its own right, and should be avoided. But the symptoms of driving while exhausted can easily be confused with the symptoms of driving while intoxicated. Your Nassau County DWI defense attorney must emphasize to the court these non-alcohol-based explanations for the officer’s observations. 8. Your Blood Alcohol Level Was Rising A DWI suspect can blow a .15 at the police station; but have had a .07 BAC when he got pulled over. Why? Because alcohol takes an average of 50 minutes, but can take as long as three hours, to absorb fully into your bloodstream and create your peak blood alcohol level. This is critical if the Nassau County DWI traffic stop occurred relatively soon after you finished drinking. Your BAC was probably still rising. This means that even if your BAC was above .08 when the blood draw or breath test occurred at the police station (or hospital), it may well have been below .08 when you were actually driving. There is no law against having a BAC above .08 at a police station; it’s only the blood alcohol level while actually driving that counts for Nassau County DWI purposes. 9. An Improper 20-Minute Observation Before The Breath Alcohol Test Regulations require the officer to watch the Nassau County DWI suspect continuously for at least 20 minutes prior to administering the breath alcohol test. The officer must make sure that during this period the person does not consume anything, burp, belch, hiccup or regurgitate. Any of these may cause alcohol to travel from the stomach to the mouth. Blowing this “mouth alcohol” into the breath machine triggers an exaggeratedly high BAC reading. Nassau County DWI Officers rarely follow this required observation procedure. They usually perform paperwork, write reports, set up the machine and converse with their partners, diverting their attention from the DWI suspect who must be watched vigilantly during this period. Failure to follow this procedure casts doubt on the validity of the test result, and can sometimes get the test thrown out of court altogether. 10. The Police Officer Lacked Justification To Make The DUI Traffic Stop Police officers cannot pull you over arbitrarily. To conduct a lawful Nassau County DWI traffic stop, the DWI officer must provide “specific articulable facts” indicating a “reasonable suspicion” that you were committing a traffic violation. You are entitled to a special court proceeding called a “suppression hearing” where a judge determines whether the DWI officer can meet this standard. If he cannot, in all likelihood the entire DWI case will be dismissed. 11. Inherent Error Rate In DWI Blood and Breath Alcohol Testing Let’s assume maintenance and calibration of the machines are perfect, the breath or blood test is administered exactly according to procedure, and no background or physiological factors exist that would produce false results (and, by the way, such a “perfect scenario” is rare). An inherent error still exists as to both blood alcohol testing procedures. Most experts agree the inherent error rate is about +/- .02 for DWI breath testing and +/- .005 for DUI blood testing. 12. The DWI Officer Has No Baseline For Your Performance On The Field Sobriety Tests The Nassau County DWI officer will probably claim you “performed poorly” on the field sobriety tests, and that this serves as evidence of impairment. But “poorly” compared to what? This claim means very little without knowing how you would perform normally—even with nothing to drink. Indeed, people vary tremendously in their natural ability (or inability) to perform DWI field sobriety tests. How well a given person performs the field sobriety tests depends on many factors: natural level of coordination and equilibrium, natural level of balance, fitness level, composure in the face of pressure, injuries, age and practice, among others. 13. Factors Other Than Alcohol Can Cause Poor Performance On DWI Field Sobriety Tests Even if you performed less than perfectly on the Nassau County DWI field sobriety tests, this may be attributable to unfair test conditions such as: * The tests occurring on uneven surfaces or slippery terrain * The distraction of flashing lights and traffic whizzing by * The test area being too dark or amidst glaring lights * ]Cold temperatures, rain or wind * Unsuitable footwear—such as boots, high heels or dress shoes * Nervousness, anxiety and/or frustration Most people who had nothing to drink would still struggle with the FSTs under these conditions. The upshot is this: even if you struggled on the roadside tests, this may well be attributable to the setting and circumstances rather than attributable to you being intoxicated. 14. The DWI Standardized Field Sobriety Tests Were Not Properly Administered The National Highway Traffic Safety Administration (NHTSA) devised national standards for how DWI officers are to administer the three standardized field sobriety tests: the Horizontal Gaze Nystagmus Test, the Walk-and-Turn Test and the One-Leg Stand Test. But DWI officers often fail to adhere to these national guidelines. Many never even received training as to the NHTSA guidelines. This opens up their whole Nassau County DWI investigation to attack. Indeed, often times a DWI officer will say in his report the DWI suspect “failed” or “performed poorly” on the field sobriety tests; but when the performance is judged according to NHTSA’s national standards, the person did everything correctly! This underscores a basic fact of DWI defense: the arresting officers are biased and frequently do slipshod DWI investigations. Their claims and opinions should never be taken at face value. 15. The Non-Standardized Field Sobriety Tests Lack Reliability The non-standardized field sobriety tests include (among others) the finger-to-nose test , the finger count test, the hand pat test, the coin pickup, the alphabet test, the reverse counting test and the Rhomberg test (tilting your head back and estimating 30 seconds). The National Highway Traffic Safety Administration (NHTSA) has set no standards for how to administer, score or interpret these tests, and no studies have ever shown them to be reliable indicators of DUI impairment. 16. Field Sobriety Tests Provide A Poor Measure Of DWI Impairment Even when the standardized field sobriety tests are administered perfectly (which is rare), they still provide a very inaccurate measure of whether a Nassau County DWI suspect is impaired. According to NHTSA, for example, the one leg stand test has a 65% accuracy rate and the walk-and-turn test a 68% accuracy rate. This means that if people were convicted based on these roadside tests, one third of them would be innocent and wrongly convicted. Or, viewed another way, when officers arrest DWI suspects based on failing these tests, one in three suspects is wrongfully arrested. 17. Mouth Alcohol Can Contaminate The Breath Alcohol Test Results Ideally, Nassau County DWI breath testing devices detect alveolar air of the deep lungs, which is loosely correlated with blood alcohol level. But the breath testing machine can be “tricked” by latent alcohol in the mouth—often caused by burping, belching, or the recent use of cough syrup, cold medicine, mouthwash or breath spray. When the breath testing machine picks up mouth alcohol rather than deep lung air, it gives BAC readings greatly higher than the true BAC. This becomes a particular problem for DWI arrestees with dentures, denture adhesives, braces, cavities, food impactions, orthodontic work or who have food particles trapped between their teeth (as all of these conditions tend to produce mouth alcohol). 18. The Breath Alcohol Test Yields Unduly High Results During Absorption Breath alcohol testing while alcohol is still absorbing into your bloodstream often yields falsely high BAC readings. During the absorption stage, which can last as long as three hours after you finish drinking, the BAC in arterial blood is significantly higher—as much as 60% higher—than the BAC in venous blood. Because the alveolar deep-lung air blown into the breath machine is bathed in arterial blood, not venous blood, a falsely high BAC is generated. 19. Police Have No “Special Ability” To Judge Intoxication Levels Police and Nassau County DWI prosecutors like to suggest that trained and experienced officers have a “special ability” to discern when a DWI suspect is under the influence (and therefore jurors should defer to the officer’s opinion that the DWI defendant was, in fact, impaired). But a controlled study by Rutgers University’s Alcohol Behavior Research Laboratory found otherwise. Police officers’ ability to judge intoxication levels was no more accurate than that of bartenders or social drinkers. Moreover, none of the three groups—experienced police officers, bartenders or social drinkers—correctly judged levels of intoxication more than 25 percent of the time. 20. No Sign Of Mental Impairment Being “under the influence” consists of two types of impairment: mental and physical. Most police will admit that upon being pulled over, the DWI suspect was coherent, alert and responded appropriately to the officer’s questions. Therefore no sign of “mental impairment” existed. But, as any DWI toxicologists will tell you, “mental impairment” always precedes “physical impairment.” So if mental impairment was not present, then, presumably, neither mental nor physical impairment was present. 21. Innocent Explanations For The Symptoms Of Intoxication Police officers almost always claim to have observed certain “objective symptoms of intoxication” in the Nassau County DWI suspect. The standard list includes: * Bloodshot and watery eyes * Slurred speech * A flushed face and * An unsteady gait DWI police reports feature pre-printed boxes for these symptoms that officers merely check off. Of course, the officers almost never photograph, videotape or audiotape the DWI suspect so that jurors can later judge for themselves whether and to what extent these symptoms were present. In any event, non-alcohol causes often explain these observations. For example, fatigue, allergies and eye strain cause bloodshot eyes. Nervousness, embarrassment and anger over the DWI traffic stop cause flushing. Intimidation and fluster cause slurred speech. The officer rarely takes these innocent explanations into account. The Nassau County DWI defense lawyer must emphasize to the jury that the evidence is just as consistent with non-alcohol explanations as it with intoxication. 22. Speeding Is Not Correlated With DWI In many of our Nassau County DWI cases, the officer pulled the client over for speeding. And the officer alleges the client to be under the influence based (at least in part) on the fact the client was speeding. But national studies demonstrate no correlation between speeding and intoxication. A speeding driver is no more likely to be drunk than sober. To be sure, speeding is often unsafe and a violation of the law in its own right; but it is not evidence the driver is DWI. 23. Radio Frequency Interference May Have Contaminated Your BAC Tests Radio waves in the air—known as Radio Frequency Interference (or RFI)—can alter the results of almost any DWI blood or breath alcohol testing device. Radio Frequency Interference emits from almost any electronic device, including police radios, police scanners, radar devices and computers. Although studies have confirmed the danger of Radio Frequency Interference or electromagnetic interference to render false BAC readings, it is difficult to determine whether or to what extent RFI altered the result in a given DWI case. Yet it is one more reason for skepticism. 24. Breath Testing Machines Mistake Other Chemicals for Alcohol DWI Breath alcohol testing machines also detect non-alcohol compounds, which they frequently mistake for alcohol. Among the compounds most commonly mistaken for alcohol are ethylene, toluene, nitrous oxide, diethyl ether, acetonitrile and isopropanol. The presence of any of these compounds in the DWI suspect’s lung tissue will likely cause a false, or falsely high, blood alcohol reading. We find that people frequently ingest these compounds at work or in other environments where the chemicals are present. 25. Low-Carb Diets Can Cause Falsely High DWI Breath Test Readings A DWI suspect on a low-carb diet may generate an erroneously high blood alcohol reading from the DWI breath testing machines. On a high-protein diet, the body produces ketosis as it burns stored body fat for energy (a process that has produced dramatic weight loss for many adherers to Adkins style diets). Consumption of carbohydrates (such as alcoholic beverages) during ketosis can cause the body itself to produce a substance called “isopropyl alcohol.” Most Nassau County DWI breath testing machines cannot distinguish “isopropyl alcohol” from ethanol (the alcohol that we drink and that causes impairment). 26. Breathing Techniques May Alter Breath Test Results Breathing techniques may produce falsely high breath test results. A longer breath sample—more than 10 seconds—may generate a significantly higher BAC reading because the machinery is calibrated to test a 10 second sample. Additionally, a person who breaths shallow or holds her breath may blow residual mouth alcohol, again producing a higher reading than her true BAC. Hyperventilation may also impair the test. 27. Breath Temperature May Alter Breath Test Results Most Nassau County DWI breath devices calibrate to test breath at 34 C. Simulator solutions use the same temperature. But when a DWI suspect’s breath temperature varies—as is often the case—this can produce a falsely high BAC result. Even a variation only one degree higher can produce a BAC reading 7% higher. 30. A “Disconnect” May Exist Between Your BAC And Symptoms Of Intoxication Certain symptoms of intoxication can predictably be observed at each successively higher blood alcohol level. Often we see Nassau County DWI cases where the person’s BAC reading comes back very high, two or three times the legal limit. However, the person’s driving, behavior and FSTs are consistent with sobriety or only slight impairment. We know the BAC reading is wrong. It doesn’t match the other evidence. We call this a “disconnect case.” Any time the alleged blood alcohol level does not match up with the symptoms we would expect to see at that level, the prosecution’s whole Nassau County DWI case is called into question.
    2. Core, Anthony: Commercial Law ­ Contracts ­ Corporate Formation ­ Mergers and Acquisitions Criminal Defense ­ DWI ­ Juvenile Crimes ­ Misdemeanors ­ Felonies ­ Traffic Violations Environmental ­ DEC Enforcement Actions ­ DEC Permits ­ Brownfields Redevelopment Family Law ­ Adoptions ­ Child Custody ­ Child Support ­ Guardianships ­ Matrimonial Litigation ­ Plaintiffs - Personal Injury - Commercial - Real Estate - Environmental Defense - Personal Injury - Commercial - Criminal Real Estate ­ Lending Institutions Transactional - Commercial - Residential - Construction - Landlord Tenant - Zoning and Land Use Trusts and Estates Wills and Probate
  47. Westchester
    1. Being charged with a New York DWI or DUI related to alcohol or other drugs is a serious offense. It is important to secure legal DWI representation as soon as possible to avoid losing your license, paying hefty fines, or more seriously; going to jail.
  48. West Seneca
    1. Auricchio Law Firm: What is the difference between State and Federal Court? Federal crimes are prosecuted in "The Federal Court System". In Western New York, there are two Federal Courthouses, one in Buffalo and one in Rochester. When a law is passed by Congress and signed into law by the President, it becomes Federal Law. If a law is passed by the Assembly and Senate in New York State, and signed by the Governor, it becomes a State Law. State crimes are prosecuted in City, Town and County Courts as well as the New York State Supreme Court. Some crimes may constitute a violation of both Federal and State Law. As a practical matter, cases investigated by the FBI, DEA, ATF, Immigration and Customs or other Federal Law Enforcement agents will generally wind up in Federal Court. While some crimes investigated by State and Local agencies will end up in Federal Court, the vast majority end up in State Court. Under "Project Exile" state prosecutors may waive State Prosecution of certain gun charges and agree to send the case to Federal Court for prosecution on a comparable Federal charge. In Western New York, "Exile" cases are more common in Rochester than they are in Buffalo. Most crimes are not prosecuted in both Federal and State Courts. In fact, as a matter of policy, when a person has already been convicted in a State Court for a crime Federal Prosecutors must request permission from the Department of Justice in Washington to pursue a case. What difference does it make? It depends on who you ask. Some people believe that Federal charges are more difficult to fight. One thing is certain, the Federal Government has a lot more money than the State Government, and it has more resources to investigate and prosecute crimes. In general, federal prosecutors are more experienced than state prosecutors. Ultimately, it all depends on the facts of a specific case and the applicable law. What is the difference between a Federal and State Prosecutor? Federal Prosecutors are called "Assistant United States Attorneys". They are appointed by the United States Attorney for the Western District of New York, who is, in turn, appointed by the President of the United States and confirmed by the Senate (there is no appointed United States Attorney in Western New York currently, but William Hochul has been nominated by the president for that post). State Prosecutors are either "Assistant District Attorneys" (ADA's) or "Assistant Attorneys General" (AAG's). ADA's are appointed by the District Attorney, who is elected by the voters of each county (the Erie County District Attorney is currently Frank A. Sedita). AAG's are appointed by the New York State Attorney General (currently Andrew Cuomo). What determines the strength of the case against me? "Strength of the Case." When determining the strength of a case, a prosecutor will try to determine whether the evidence that a judge or jury will hear at trial is enough to prove the elements of an offense "beyond a reasonable doubt." To break that down even further, the prosecutor will look to see if there is any reason to believe that the evidence obtained will be "suppressed" because the police violated your rights in the process of obtaining that evidence. Some evidence may also be precluded based upon the rules or evidence, or other statutory considerations. If certain evidence is suppressed or precluded, that means the jury will not hear about it. If for example, a person's statement is suppressed because it was obtained illegally, then the jury will not likely hear a single word of that confession. If the evidence that is suppressed is critical to the Government's case, then the case may be dismissed by the prosecution or the court. Another factor that the prosecutor will consider in determining the strength of a case, is the credibility of the witnesses. Prosecutors are fond of saying to juries that they "don't pick their witnesses". They often tell a jury that it was the defendant that picked the witnesses in a case because it is the defendant that is alleged to have picked the time, location and victim of their crime. While that's true to a certain extent, if a prosecutor presents a witness' testimony at trial, it means the are least confident that the witness will not destroy their case. The credibility of a witness is often difficult to assess for a prosecutor. Some witnesses can appear to have the credibility of a saint before trial, only to crash and burn in front of a jury. Credibility is more than just a determination of whether a person is lying. Some people just don't have the ability to recount events as they occurred, others may just have an appearance or affect that leads others to believe they are lying. Prosecutors receive extensive training to assist them in making this determination, but ultimately it is up to the jury to decide whether a witness is credible. What other things matter to judges? First Impressions matter. If you are scheduled to appear in court, it is important to treat you appearance like you would a job interview. That means you should do everything you can to make a good impression on the judge. You are generally free to wear whatever you want when you go to court, but if your appearance makes a poor impression, then you are only hurting yourself. When you are getting ready for court, ask yourself this question: "If I was going to a job interview dressed like this, would I get the job?" That doesn't mean you should run out and buy a suit for court, but it does mean that you should dress in a conservative and respectful way. What can I do to convince the judge I don't deserve to go to jail? In addition to being respectful to the Court, you may be well served to have friends and family write letters on your behalf. Before you ask others to write letters on your behalf, speak with your attorney. An experienced attorney will know the right way to approach this issue. Some judges respond well to certain arguments, while others will not.
  49. White Plaines
  50. Wiliston Park
    1. Kevin Sheerin: Nothing can be more frightening then facing criminal charges. If you have been arrested and your liberty is in jeopardy, you will need an attorney with years of criminal law experience to navigate you through the justice system.
  51. Williamsville
  52. Windham
  53. Woodbury
  54. Wurstburg
    1. Judith Young: Drunk driving (DUI/DWI/DWAI) charges must be taken seriously. According to police, prosecutors, judges, and New York DUI laws, drunk driving (DUI) is not a minor traffic violation. Drunk driving (DUI) is a serious criminal offense.You need an experienced and skilled DUI defense attorney to protect your rights.
  55. Yonkers
  56. Yorktown Heights
    1. Gordon, Shari: * DWI / DUI * Traffic violations (speeding, license suspension) * Assault and battery / menacing * Domestic violence; orders of protection * Drug possession * Possession with the intent to sell * Drug trafficking (including marijuana and narcotic drugs) * Petite and Grand Larceny (shoplifting) * Shoplifting
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