Articles Posted in DUI/DWI

hail-mary-300x214The vast majority of New York State criminal cases end in plea bargains; getting a favorable one, however, largely rests on the shoulders of your defense lawyer.  And while many cases allow for easily negotiated pleas, many others involve deeply unpopular conduct or which have overwhelming evidence against the defendant.  These are the cases which require creativity from your attorney to achieve the best result possible.  In this post, I will discuss pre-pleading submissions; as the best New York criminal attorneys know, a well-researched and thorough document presented to the prosecutor and/or judge which extolls the virtues of the defendant or highlights mitigating factors of the defendant’s behavior can mean the difference between lengthy prison sentences and probation.   Continue reading

breathalyzer-test-300x199One of the more common questions a New York criminal defense attorney is asked at a cocktail party is what to do if stopped for suspicion of driving while intoxicated and the officer wishes to administer a breathalyzer test?  To start, be aware that there are two different types of chemical tests: the portable breath test prior to arrest (the so-called “breathalyzer”) and the chemical test at the precinct after you are arrested.  Whether to voluntarily take the test is a crucial question as it may impact not only the ultimate result of a criminal case if an arrest follows but could impact a defendant’s livelihood and liberty as well should there be a conviction.  The short answer? It depends. Continue reading