Understanding New York’s Zero Tolerance Law

The BAC for adults is 0.08%. If you’re a minor in New York and you get behind the wheel of a car, you might be surprised to learn that your legal limit is much lower at 0.02%.   The reason is the New York Zero Tolerance Law. Since it’s illegal for people under the age…

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Can You Get a DWI in a Parked Car in NYC?

Everyone’s talking about a slow, cautious reopening these days, even here in NYC. It’s not happening yet, but it’s not outside the realm of possibility that some New Yorkers will be congregating in bars again…even if they’ll be doing it six feet apart. So this means it’s a good time to go over some of…

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Violating Shelter-in-Place Orders Could Lead to Criminal Charges

Crime is going down in New York City and most everywhere else. Even hardened criminals don’t want to catch this virus. New York City is, of course, one of the epicenters of this pandemic. Yet this truth comes hand-in-hand with the fact that there’s a new crime to worry about: violating the PAUSE act. “PAUSE”…

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Can You Go to Jail for Giving a Prescription Drug to a Friend?

We’ve all been in this position: a friend is suffering from a terrible migraine or is in some other sort of pain.  You were prescribed pain killers from the last time you had surgery but you never used them. Thinking you are being generous, you say, “Here, you can have one of these.” After all, you…

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What You Need to Know About Your 5th Amendment Rights

“I plead the 5th.” You’ve heard it plenty of times on television. “You have the right to remain silent.” You’ve heard that too. You’ve even read about it on this blog, whenever we’ve advised you to invoke your right to remain silent while in custody. But do you really understand your 5th amendment protections? If…

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Are DWI Tests Reliable?

DUI DWI Arrest

Police station “Breathalyzer” test results are often central pieces of evidence in DWI cases. Yet mounting evidence suggests they are not reliable. New York has already ruled that portable breathalyzer test results aren’t admissible in court, but prosecutors continue to use the results of in-station testing. This is problematic, since implied consent laws make it…

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What Happens When You Confess to a Crime You Didn’t Commit?

criminal evidence

Confessions create a lot of problems for your defense lawyer. Many jurors believe that nobody who is innocent would ever confess to a crime they didn’t commit. That assumption is incorrect, of course. False confessions happen more often than you might think. In a 2013 amicus brief, the APA noted that scientific evidence demonstrates that…

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District Attorneys Gear Up to Find New Ways Around Reformed NY Bail Law

On January 1, 2020, most people arrested for non-violent crimes won’t have to post bail. They will be released and ordered to appear at their trials. It’s no surprise that many prosecuting attorneys don’t like the new law. Many claim it will make it harder to deter crime.  An ADA from Nassau County,Jed Painter, is…

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Can I Get A DUI For Taking Benadryl?

New York law does not make a distinction between legal drugs and illegal drugs in DUI charges. The charge is “driving under the influence.” The legality of what is influencing you does not make a difference. This is covered under New York Vehicle and Traffic Law § 1192.4: “No person shall operate a motor vehicle…

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The Wrong Kind of Subway Stop

You’ve been stopped on your subway ride home from work, or perhaps while you are running some errands.  An undercover officer, most likely dressed in plain clothes, has pulled you off the train car and holds you on the platform.  Maybe immediately, or maybe after some time has passed, you’re told that you’re being arrested…

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