What is Leandra’s Law? Leandra’s law made a first-time offense of driving while intoxicated with a person under the age of 16 in the car an automatic felony. This law also set the current BAC to its current number of .08.  This law was signed into effect by Gov. David Patterson in 2009. What is…

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In recent months, New York State legalized the recreational use of marijuana. However, merely because the State has chosen to legalize the drug’s recreational use does not mean that New Yorkers are now free to drive while under its influence.   Driving Under the Influence of Marijuana in New York What are the penalties for…

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Probation is a period of time imposed by the court following a conviction for a crime – whether by plea or after trial – where an individual avoids jail or is released from confinement or jail subject to a period of good behavior. During the probationary period, the defendant is under the supervision of the…

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Following an arrest for DWI, your first concern is surviving the booking and arraignment process. Immediately, an issue with your driver’s license comes up. At time of arrest, your drivers’ license and driving privileges get suspended. You have 15 days from the date of the arrest to seek a hearing on the license suspension or…

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While high speed car crashes can be exciting to watch on television, running from the police is not advisable and can often land you in a lot more trouble than it’s worth. A man from Queens recently learned this lesson the hard way when he unsuccessfully tried to flee from the police during a DWI…

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It is not secret that a conviction for driving while impaired, or DWI, is a serious offense that can bring about major consequences. In New York, a DWI is a misdemeanor offense, which means that a conviction will create a permanent criminal record for the accused. It is essential that someone facing a DWI charge…

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An appellate court in the Ninth Circuit recently issued a ruling that could have repercussions in New York and around the country. The issue had to do with guns, and the ability of their sales to be regulated by local ordinances. Drawing a Line Against Gun Sales In one California county, a trio of men…

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The presumption of innocence dates back to 1895, with the findings of the Supreme Court in the matter of Coffin v. United States. Considering that the world’s oldest living human was born in 1899, this legal doctrine is more long-standing than any of us. And yet, there are troubling signs that the term “presumed innocent”…

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There are a wide variety of so-called drunk driving and driving under the influence charges that an inebriated driver may face in New York. From Snowmobiling While Ability Impaired (operating a snowmobile under the influence of alcohol) to a “per se” DWI (where the driver’s blood alcohol content level is 0.08 percent or more), the…

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While many DWIs occur when an individual is intoxicated because of alcohol, New York DWI law also prevents drivers under the influence of certain drugs from operating a vehicle. The list of drugs that New York prevents drivers from using while operating a vehicle is extensive and includes opiates, depressants, stimulants and, hallucinogens. Even if…

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