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New York DUI News

Supreme Court Bans “Holdover” Stops

In the Rochester New York area it is common for a “routine” road patrol officer who makes a routine traffic stop and thereafter observes the classic signs of intoxication, bloodshot eyes, slurred speech and the rest, to order the motorist to remain where he or she is while they secure the services of a DWI specialist who will then undertake further investigation. Oftentimes, the delay involved will be upwards of fifteen minutes or more. For years, even to the extent ... Read More »

A Case for Abolishing the 21 Drinking Age

Open the newspaper or turn on your local news and you’re probably going to hear a story about a drunk driving accident, alcohol related assault or alcohol poisoning. This story will most likely involve an individual between the ages of 18 and 24. If you were to continue to explore this issue you would find that among 18 to 24 year olds the rates of binge drinking and DWI’s have been increasing since 1998. Each year there are over 696,000 ... Read More »

New York Reaffirms Aguilar/Spinellli

In People v. Johnson, a Deputy Sheriff armed with a 911 call describing “a sick or intoxicated motorist” stopped the Appellant for a “wide right hand turn” well outside of his jurisdictional limit. At a Mapp hearing (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684 [1961]) to determine whether there existed sufficient probable cause for the stop of the vehicle, the Deputy admitted that he did not know the identity of the caller or the basis upon which the ... Read More »

The Oldest Question: Do You take a Test?

Well, it may not be the oldest question, but it may be the most important. Since the 1940’s and the onset of cheap blood alcohol testing, it is one that lawyers and defendants must initially face following a DWI arrest. Should you or shouldn’t you take the test? The answer to this, like everything else in law, is it depends. Like predicting the weather, the answer to this question turns on a variety of factors. While much of what I ... Read More »

New York Court of Appeals Hears Major Hearsay Challenge

In People v. Johnson, a Deputy Sheriff armed with a 911 call describing “a sick or intoxicated motorist” stopped the Appellant for a “wide right hand turn” well outside of his jurisdictional limit. At a Mapp hearing (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684 [1961]) to determine whether there existed sufficient probable cause for the stop of the vehicle, the Deputy admitted that he did not know the identity of the caller or the basis upon which the ... Read More »

Challenging the new DMV regulations

Starting in approximately 2011, a series of high publicity cases involving repeat DWI offenders led to a campaign to keep these drivers off the road.  In this regard, certain politicians attempted to pass legislation that would greatly increase the driver’s license revocation periods for repeat DWI offenders.  However, the proposed legislation was not enacted. Dissatisfied with the Legislature’s lack of action on this issue, Governor Cuomo directed DMV to enact harsh new administrative regulations that would render the need for ... Read More »

New York Ignition Interlock Device Pamphlet

IID PAMPHLET If you are convicted of common law Driving While Intoxicated (“DWI”), per se DWI, or per se Aggravated DWI, you are required to install and maintain an Ignition Interlock Device (“IID”) in any vehicle(s) that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.  Therefore, even if you do not drive during this period you will be in violation of your sentence if there is a ... Read More »

Important Recent Changes to New York’s DWI Laws

On September 25, 2012, the Department of Motor Vehicles promulgated “proposed” regulations that dramatically increase the sanctions for drivers with repeat alcohol- and drug-related offenses.  It is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation.  These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period. These regulations are not only applicable to people revoked for alcohol- and drug-related driving convictions, ... Read More »

A Misdemeanor DWI in New York Equals the Ignition Interlock Device

 A Misdemeanor DWI in New York Equals the Ignition Interlock Device In New York, effective August 15, 2010, every person who is convicted of misdemeanor Driving While Intoxicated (“DWI”), is required to install an Ignition Interlock Device (“IID”) in any vehicle that they own or operate for a period of at least 6 months, and DMV places such restriction on the driver’s license.  In fact, several courts in Upstate New York have mandated that the IID be installed for a ... Read More »