DWI
May 2013 – Client was arrested for his second DWI within the last 10 years and faced felony charges. The criminal charges were reduced to a traffic infraction with no criminal record. My client avoided jail and probation. (Case #M1023)
DWI charges are increasing across the state. The government is making it a priority to prosecute those people who are arrested for driving while intoxicated. In New York, the BAC legal limit is .08. Once a person is stopped by a police officer on the basis of driving while intoxicated a number of sobriety tests may be administered by the police officer. These field sobriety tests are used to establish probable cause for the arrest and will also be used in the prosecution of the matter. Some of the tests are familiar to people such as the fingertip to the tip of the nose test and heel to toes test. Both of these tests can be a challenge even with having one drink. Another test that an officer may conduct is the horizontal nystagmus test. Nystagmus refers to an involuntary twitching of the eye. The officer will request that the suspect follow an object to the left and the right with his eyes and notes when the pupil shows nystagmus. Usually the "twitching" occurs at about 45 degrees, however under the influence, the twitching may occur at a lesser angle. In addition to the field sobriety tests the suspect will be asked to take a breathalyzer test. If you refuse to take any of the tests you may face license suspension and the refusal could be used as evidence at trial. The experienced DWI attorney will analyze whether the officer had the right to stop you and the results of the subjective field sobriety tests to fight for the best possible outcome in your case.
Shoplifting
May 2013 – Client was arrested for allegedly trying to steal over $400 of merchandise from Century 21. Client resides in another country and was not a U.S. Citizen. The charges were dropped and the client avoided a criminal conviction. (M1053)
Shoplifting prosecutions in New York have also increased over the last few years. The increase is for a myriad of reasons, however most prevalent is the improvement of technology. In the past, shoplifters were identified solely by an employee witnessing the act. Now retail stores use the advancement in technology to identify those who are involved with shoplifting and then have proof to hand over to the police which can then be used at trial. The most commonly used system is closed circuit television surveillance. This refers to the use of video cameras which transmit video to a set of monitors in a designated location. This video can typically be maintained by the store for a certain amount of time and is readily available to the police. Additionally radiofrequency identification chips (RFID) are used to track items within the store. The chip is attached to a product to track it by using radio waves, some chips may not even be visible while others are open and obvious. The item does not necessarily have to be in sight for the tracking to be accurate. The chip will trigger an alarm upon leaving a store if the item has not been paid for. A shoplifting conviction may lead to permanent record that will have an impact on other aspects of a person's life such as employment, professional licensure and immigration status.
Possession of Marijuana
May 2013 – Client was found in a car with large quantity of marijuana, scales and bullet shells. All of the criminal charges were successfully dismissed and the client avoided jail and probation. (M933)
Debates about the use and sale of marijuana are constantly in the news. Some states are adopting new laws regarding the use of marijuana. However, in New York you will be arrested and prosecuted if you are found to be in possession of marijuana. A person will be considered to be in possession of marijuana if they are seen smoking it or in actual physical possession of marijuana. It may be argued that you are in possession if seen smoking or in actual physical possession of marijuana. Depending on the amount of marijuana a person is in possession of, they can face a violation, misdemeanor or even felony charges. A conviction may result in a permanent record, fines, jail and probation.