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 »
Home / Author Archives: Ed Fiandach
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 »