Recent Articles

Accuracy is Essential in Criminal Court Record Keeping

2.1 million is a very large number. And when that number relates to human errors that serve to deny people…
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DWI and Hit and Run

Any charge for driving while intoxicated (DWI) or driving while ability impaired (DWAI Drugs or DWAI Combined)  is bad. Coupled…
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DWI Charges and Convictions for Licensed Professionals in New York State

In 1891, New York State began the requirement that practitioners in certain professions obtain a license to practice their profession…
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Can a Person Drink an Alcoholic Beverage While Driving a Car?

Under no circumstances is it permissible to drive a vehicle while drinking or consuming an alcoholic beverage. But did you…
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THC Creates a Legal Cloud of Confusion

A recent study released about the effects of THC–the the psychoactive ingredient found in marijuana–raises a host of issues with…
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A Radical Approach to the Heroin Epidemic

There’s no doubt that the heroin crisis has boiled over in New York and many other places. According to government…
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The “Collateral Consequences” of Felony Convictions

As everyone who has taken a civics course knows, Federal judges enjoy lifetime tenure for their appointments to the bench.…
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Man Arrested For Boating While Drunk

It is common knowledge that drunk driving is illegal, but is it illegal to operate a boat while you’re drunk?…
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Are DWI Laws In New York Being Overzealously Enforced?

A recent opinion piece in the Buffalo News asks the important question of whether or not police officers are going…
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Uber Helps Reduce Drunk Driving

An article today from the Cato Institute reaffirms what we all probably suspected; Uber helps reduce incidents of DUIs (referred…
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New York Legislature Passes Law Targeting Boating While Intoxicated

As summer approaches the boating season in New York begins. Across all lakes, rivers, and coastlines in New York thousands…
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Governor Cuomo Proposes To End Prohibition Era Restrictions On Alcohol Sale and Production

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, takes a look into some new changes coming from…
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Is Driving While Tired As Dangerous As Driving While Intoxicated?

New York City has proposed new rules aimed at keeping tired taxi drivers off the roads. Proponents of the these…
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Criminal Records: What You Need To Know

One of the most commonly misunderstood consequences of having contact with the criminal justice system is the legal records that…
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Drunk Drivers Cause Disruptions in Syracuse Area

The Post-Standard has reported on two recent incidents in which drunk drivers have caused disruption on streets and highways in…
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Attorney Presentation at Cobleskill-Richmondville High School

Christopher Wagner, Attorney in our Syracuse office, recently gave a presentation to students of Cobleskill-Richmondville High School. Below is Christopher’s…
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A Video Is Worth a 1000 Words

New York Police have a number of methods for combatting DWIs. Some are based on technology such as the breathalyzer…
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The Life of a DWI Charge

One of our Attorneys, Bradley Oastler, from our Syracuse office, looks into the life of a DWI charge and what…
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Attorney Presentation At Manlius Pebble Hill School

Kevin O’Brien Jr, Director of Legal Services, and Derek Andrews, Senior Attorney, recently gave a presentation to students and parents…
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Distracted Driving is the New Drunk Driving

A significant number of studies have indicated that texting while driving is as dangerous if not more dangerous than drunk…
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Client Counseling Presentation at Syracuse College of Law

On April 13, 2016, Derek Andrews spoke to an small group of students during a Syracuse University College of Law…
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The Assigned Counsel Program: An Assembly Line Producing Ruined Lives

The assigned counsel programs operating in New York State, in lieu of public defenders’ offices, are having a terrible effect…
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Designer Drugs Illustrate DWI Loophole

In New York, it is a crime to operate a motor vehicle while one’s ability is impaired by alcohol or…
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Supreme Court Has The Opportunity To Declare That Driving A Right Not Merely A Privilege

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, looks into a some current Fourth Amendment cases heading up…
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4th Amendment DWI Issue Argued Before Supreme Court

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, looks into a DWI issue making its way to…
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Drivers May Soon Be Required to Submit Their Mobile Devices to Police For Testing

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, takes a look into the new  “Textalyzer” issues. Mobile devices…
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Top Five Things To Know When You Are Pulled Over

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, takes a look into the top things you need…
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Officer’s Choice of Accusatory Instrument And Trial Readiness Announcement

One of our attorneys, Patrick Scully, from our Albany office, takes a look into the legal process for a DWI…
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Even Olympians Can Fall Victim To The Wide Scope of DWI Laws

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, takes a look into a recent news story with…
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Types of DWI Charges & How to Protect Yourself

One of our attorneys, Martin Bonventre, from our Albany office takes a dive into one of the most frequently asked…
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Where Do The Presidential Candidates Stand on Criminal Justice?

Our Legal Advocate, Andrew McKenna, took a look at each of the presidential candidates thoughts on our criminal justice system.…
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Recent Presentation at Whitman School of Management

On Monday, Dennis Nave, Esq., gave a presentation on DWI Defense and Criminal Law to the undergraduate Law and Public…
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Criminal Law Symposium, April 1, 2016

Sponsored by Anelli Xavier When: April 1, 2016 Where: Albany Law School, Matthew Bender Room Duration: 12:00 to 4:00PM Parking:…
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Recent Review From Johnson City Client

We are passionate about our clients and the testimonials prove it. Here is what one of our client’s said about…
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5 Concerns Every Person Charged With DWI Has

When a person is arrested for Driving While Intoxicated there are many things that will be going through their head.…
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An Attorney’s View on Four DWI Assumptions

This article was written by Attorney Bradley Oastler in our Syracuse office. While most people who have had limited contact…
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Going To Court, Part One

Trial lawyers often refer to the courtroom as their office, but for the client, without proper preparation, the courtroom can…
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DWI From a Client’s Perspective

The following article is written by Michael Viscosi, Senior Attorney in our Albany office. Based on the hundreds of clients…
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New Twist In OJ Simpson Case

From the beginning of the 1994 O.J. Simpson murder trial, lack of a murder weapon was a major issue in…
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To Plea or Not to Plea? That is the Question.

The following article is written by Derek Wild, Attorney in our Rochester office. It is well known that plea agreements…
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Driver’s License Reinstatement For Repeat DWI Offenders

The following article is written by Patrick Scully, Attorney in our Albany office. According to the New York Post, the…
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DMV’s Negative Units System and Why Every Driver Should Know About It

The following article is written by Derek Andrews, Attorney in our Syracuse office. In addition to the draconian regulations New…
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Increase In Motor Vehicle Fatalities in 2015

Today the National Safety Council released the preliminary estimate showing an 8% increase for motor vehicle fatalities in 2015 than in…
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An Honest Look At Marijuana DUI Testing

There has been a lot of talk lately about marijuana, medical marijuana, and the ways law enforcement will monitor and…
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The Current Case of Jose Torres

Jose Torres is serving a 25 to life sentence in Attica Correctional Facility for a 2002 murder conviction. Torres has…
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The Story of Andrew McKenna

Andrew McKenna is a Legal Advocate here at Anelli Xavier. He is the author of Sheer Madness: From Federal Prosecutor…
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New York DWI Is Not A Simple Issue

Recently, Tom Anelli, Senior Partner/Founder created a video related to a DWI charge in New York. His goal is to…
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Lead Guitarist of X Ambassadors Charged With DWI

27 year old Ithaca Native and lead guitarist of X Ambassadors, Noah Feldshuh was arrested for DWI in his hometown…
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DWI Charges Dropped After Auto Brewery Disorder

A judge in Upstate New York recently dismissed a case against a 35 year old school teacher, and Hamburg resident…
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Electric Balance Board and DWI Charges?

Two of the most popular items on Christmas lists across the U.S this year are one-wheel and two-wheel electric balance…
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STOP-DWI Holiday Crackdowns Again

It’s now the holiday season and along comes lots of parties with co-workers, family and friends. New York’s STOP DWI…
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DWI Laws and Self-Driving Vehicles

Not too long ago self-driving vehicles seemed like something out of a futuristic movie, but that is no longer the…
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STOP-DWI Winter Classic Is This Weekend

This weekend, the 24th annual STOP-DWI Winter Classic takes center court in Binghamton. This is a project of the Broome…
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Three Changes Related to DWI Law That Could Take Effect Soon

During the past five years, New York State has continuously ratcheted up the severity and consequences surrounding DWI’s and related…
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A DWI Loophole?

  If you get pulled over for suspicion of Driving While Intoxicated (DWI), you are given the option to take…
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J.T. Barrett’s Speedy OVI Resolution Suggests Swifter Justice for Athletes

The slow pace of the criminal justice system is a complaint made by citizens and attorneys alike. There are major…
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Commercial Driver License and DWI in New York

We understand that there are many individuals in New York who are holders of a Commercial Driver’s License (“CDL”), and…
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Halloween STOP DWI Crackdown

With Halloween just a few days away, law enforcement agencies all across New York State will participate in a special…
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New York’s Medical Marijuana Laws and DWAI

Motorists who live in New York or other states that permit use of medical marijuana with a doctor’s prescription can…
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Anelli Xavier Expands Buffalo Office And Announces New Attorney

Buffalo, New York – Anelli Xavier, New York’s DWI focused law firm, is pleased to announce a Buffalo expansion. This…
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Anelli Xavier Wins Albany County’s First Leandra’s Law Trial

Albany, New York – Anelli Xavier, New York’s DWI focused law firm, is pleased to announce a trial win on…
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It’s Football Season, Know When to PASS

Summer is coming to an end, school is back in session, the cool air and changing leaves are upon us.…
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New “Have a Plan” Mobile App Recently Launched

Recently announced by the New York State Governors Traffic Safety Committee and the NYS STOP DWI Foundation, a new mobile…
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Five Suggestions After Being Pulled Over

If you are a first time DWI offender, you may be asking yourself what’s next. No one plans on getting…
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Saratoga County Sees First Vince’s Law Conviction

A Schenectady man has pleaded guilty in a felony drunk driving case last Wednesday in Saratoga County. This plea is…
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New York State To Enforce DWI Summer Crackdown

As summer is beginning to wind down over the next few weeks, Governor Cuomo and local police remind you to drink…
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7 Steps To Selecting A DWI Attorney

When it comes to choosing a DWI attorney, it can be a very tricky process. But, at the same time,…
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Powdered Alcohol Banned in New York

The Daily News has reported that New York’s Governor, Cuomo has signed into legislation a ban on the sale of powdered…
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Escapee Richard Matt Drunk When Killed

Autopsy results are in for Richard Matt, one of two inmates who escaped from Clinton Correctional Facility in Update NY…
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DWI Charge Will Remain, Despite Driver Under Legal Limit

Suffolk County District Attorney, Thomas Spota reports that the misdemeanor DWI charge will remain in effect “at this time” for…
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What If Your Car Could Stop You From Drunk Driving?

A new generation of technology is taking shape around systems that prevent cars from operating if the driver has been…
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Staying Safe This Fourth of July

The Fourth of July is one of America’s favorite holidays, filled with fun, food, fireworks, friends and family. Yet there…
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New York’s STOP DWI Program in Jeopardy

Senator Schumer has called for immediate action to protect the critical funding for the New York State “STOP-DWI” campaign. According…
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Complete Guide to DWI on Motorcycle

Many people still think that the type of vehicle you are driving at the time of a DWI arrest either…
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Local Bar Owner Accused of Hiding Video In Deadly DWI Investigation

A Syracuse bar owner has been arrested on a felony charge of tampering with physical evidence that killed a man…
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A Review Of Celebrity DWI Stories

We’ve taken a look at some of our most read celebrity DWI news stories and decided to add them all…
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Are Drunken Drivers Really Less Accident Prone Than Any Other Distracted Driver?

According to the CDC each day in the United States, more than 1,153 people are injured in crashes that involve…
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NHTSA Releases DWI Deaths by New York County

In a recent story on Syracuse.com, the National Highway Traffic Safety Administration (NHTSA) has released some new data on deaths caused…
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What Can Happen to Car Insurance After You Receive a DWI?

Car insurance is probably not your first concern when you receive a DWI, but it is important to consider since…
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Top 10 Driving Tips from an Attorney

Despite public campaigns that depict drunk drivers as belligerent or stumbling over themselves, most DWI’s stem from routine traffic stops.…
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Alix’s Law Tries for Fourth Stint at Being Passed in the State Assembly

The New York State Legislature is hard at work at passing new legislation related to DWI’s. The latest legislation to…
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What Happens if You’re an Educator and Receive a DWI?

Receiving a DWI is one of the most common, expensive, and frustrating experiences a person can have with the criminal…
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How To Report A Drunk Driver

It can be a scary feeling to suspect a fellow driver of driving drunk, especially if their actions are reckless…
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New York Police Officer Charged with DWI Reveals Interesting Scenarios

Recently, a police officer was arrested for Driving While Intoxicated in upstate New York. The officer was not on duty…
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Syracuse Man Headed to Trial for DWI Fatality Raises Questions About Repeat Offenders

After indictment, a Central New York man is heading for trial, which could land him in jail for 25 years.…
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Has the Lowering of the BAC to 0.08 Nationwide Made Substantial Impacts?

Driving while under the influence of alcohol and or other substances has posed a series of questions of public policy…
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DWI and Blood Testing

When the police stop a suspected DWI offender in Syracuse, rarely is the motorist required to undergo a blood test.…
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Different Approaches to Reduce Drunk Driving

Drinking and driving is an issue that exists around the globe. Efforts to reduce the problem also exist around the…
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The Alcotest Breath Analyzer

The Alcotest 7110 breath-alcohol analyzer is used in a number of states including New York, Massachusetts, and Alabama. This device…
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History of DWI Laws

There is currently a great deal of scientific technology for use in DUI (Driving Under the Influence) cases. The offense…
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Effectiveness of DWI Checkpoints

DWI checkpoints are used in several of the states across the country. The Supreme Court has held that DWI checkpoints…
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Juvenile DWI in Albany

Motor vehicle crashes, many of which are alcohol related, account for a very high percentage of injuries and deaths among…
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Will New York Follow the DWI Shaming Law Trend?

Many people expect that a driving while intoxicated (DWI) conviction would lead to serious consequences such as fines, driver’s license…
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South Dakota Man Challenges State DUI Practices

A DUI case in South Dakota has gone from routine to potentially altering police practice in that state.  A South…
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Strict South Carolina DUI Law Passes State House

South Carolina drivers may soon be facing one of the strictest DUI laws in the nation. Emma’s Law, a recently…
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NY Medical Marijuana Bill May Impact Future Drivers

On July 5, 2014 Gov. Cuomo approved a bill for medical marijuana use that would allow sufferers of certain medical conditions…
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Ohio Man Arrested for Warning Driver of DUI Check

An Ohio man was arrested for an unusual act – warning other drivers of a DUI checkpoint. The man made a…
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Intoxicated Man Claims Dog Was Driving

A drunken Georgia man was recently pulled over and arrested for a DUI. This is certainly not an uncommon occurrence,…
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DWI Lawyers Can Protect Your Rights

Being arrested for a DWI is a frightening experience, and facing charges can be overwhelming for any driver. New York…
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DWI Arrests and Bail in New York

In New York, driving while intoxicated is a serious charge that can lead to harsh penalties for a convicted driver.…
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Governor Announces Holiday DWI Crackdown

Governor Cuomo announced a special DWI crackdown over the July 4th holiday weekend. From July 3rd to 6th, State Troopers will…
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Proposed Law Would Ban Powdered Alcohol

Powdered alcohol, a concentrated alcohol product created by Lipsmark, has caused a lot of controversy in just a few short…
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NY Legislature Passed New DWI Repeat Offender Law

The New York State Legislature has passed a bill targeting repeat DWI offenders that seeks to significantly increase penalties for…
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NY’s Different DWAI Charges

DWI (in some states “DUI”) is known as the “drunk driving” charge. A DWI charge in New York is a…
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5 Things You May Not Know About DWI

Below are five things you may not know about DWI charges for New York residents. 1. DWI v. DWAI Driving…
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What Happens After a DWI Charge?

If you are facing a DWI charge, you should know that you are not alone. DWI charges are scary and…
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STOP-DWI Planning Multiple Summer Crackdowns

Planned DWI police stops are nothing new to New York drivers. These crackdowns are commonly planned for holidays and major…
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Violation of a Conditional License

Drivers license suspension and license revocation are common penalties for New York drivers convicted of DWI or DWAI. When a…
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Reports Claim Judges Not Punishing DWIs

Investigative reports from a local news team in Buffalo, NY claim that judges in Erie County are too lenient on…
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Uber Causes Concern Over Loose DWI Background Checks

Convictions for DWI and DUI can have a great deal of impact on someone’s life.  Not only can these charges…
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Man Cleared of DWI Sues for False Arrest

A New York man who was charged in 2011 for DWI is suing an NYPD Sergeant for false arrest after a…
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NY Detective Shoots Partner, Charged with DWI

A Brooklyn police officer has been charged with DWI after drunkenly shooting his partner.  The detective and his partner, Detective Matthew…
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DWI and Plea Bargaining

Plea bargaining is a well-established part of many DWI cases in New York. Whenever a driver is arrested for and charged…
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Drunk Man Flees DUI Hearing, Faces New DUI Charges

DUIs are alcohol-related charges, so it may not be a wise idea for someone facing DUI charges to show up…
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NYPD Officer Faces DWI Charges After Brooklyn Crashes

A NYPD officer has been charged with driving while intoxicated, according to news reports.  Shieed Haniff, a seven-year veteran of…
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Rochester Deputy Mayor Charged With DWI

The Deputy Mayor of Rochester has been charged with driving while intoxicated (DWI) following an incident on March 19.  Police…
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Staten Island Lawmakers Divided On Governor’s DWI Penalty Proposal

New York Governor Andrew Cuomo recently revealed a proposal to increase the penalties for repeat DWI offenders.  Governor Cuomo’s plan…
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Is Texting While Driving the New DWI?

With the overwhelming presence of smart technology, it is no surprise that most states have passed texting while driving bans.…
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Multiple School Bus Drivers Accused of DUI

A Vermont school bus driver was recently arrested and charged with a DUI after school officials noticed the driver smelled…
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New York DWI and Prescription Drugs

Driving under the influence applies to the use of both illegal and legal drugs. Often a person charged with a…
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NY Judge Upholds DMV’s Lifetime License Ban

A New York judge has ruled that the DMV’s “persistently dangerous driver” license ban is constitutional, according to a decision…
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Cross-Examining the Arresting Officer in DWI Cases

One of the techniques which may be used by a DWI defense attorney in a DWI trial is cross-examination. A…
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Anti-DWI Campaigns Target St. Patrick’s Day Weekend

As spring draws near, so does spring break, St. Patrick’s Day, and summer vacations. With the promise of warmer weather…
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Courts and DWI Offenders

The main reason for the enactment of DWI laws is deterrence. Lawmakers enact DWI laws to prevent members of the…
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Involuntary Intoxication as a DWI Defense

Driving under the influence (DWI) is a crime of general intent crime. In other words, that means the state does…
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New York Drunk Driving Facts

In driver’s education classes, new drivers are taught about the dangers and the legal consequences of drunk driving. For many…
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Mapp/Dunaway/Huntley Hearings

Some of our clients ask about the details of a Mapp/Dunaway/Huntley Hearing. Below, we’ve compiled an overview of what the…
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New York DWI Penalties for Drivers Under 21

Adult drivers are not the only ones who can be charged with driving while intoxicated or while impaired. Drivers under…
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New York Impaired Driving Overview

“Drunk driving” is a commonly used term that many think refers to any and all alcohol-related traffic offenses. In reality,…
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New York DWI Statistics

If you or someone you know has been charged with driving while intoxicated, you need to call the experienced DWI…
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More Than One Charge Can Result from Intoxicated Driving

Often DWI charges go hand in hand with other related charges. Recent news stories about DWIs and “hit-and-run” accidents demonstrates…
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Penalties Increase for Multiple DWIs in NY

In New York, a “per se” DWI charge means that a driver was intoxicated while operating a motor vehicle, and…
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“Affluenza” Teen Convicted for Drunk Driving, Won’t Face Jail Time

A DUI case in Fort Worth, Texas has stirred up national media attention for a second time in three months.…
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NYPD Officer Charged with Refusing Breath Test

A Staten Island officer, Leif Tjornhom, reportedly crashed into a street sweeper early on January 19th. Tjornhom had been with…
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Should Cycling While Intoxicated Be Illegal in New York?

In the State of New York, you can bicycle drunk without being charged with a DWI. New York law does…
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Overview of Snowmobiling While Intoxicated in New York

A favorite New York winter pastime is snowmobiling. Snowmobiling is a fun outdoor sport that lets participants enjoy a winter…
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2014 Super Bowl DWI Crackdown in New York

STOP-DWI, a New York program aimed at reducing DWIs and related fatalities, has announced it will spearhead a DWI crackdown…
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Recent Changes to Leandra’s Law Increase DWI Punishments

A recent change to a New York State DWI law will allow for harsher penalties for drunk drivers. Leandra’s Law,…
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Pop Star Justin Bieber Arrested for DUI in Miami

Teen sensation Justin Bieber was arrested early on the morning of January 23rd for drunk driving and drag racing, among…
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Monticello Mayor Facing DWI Charges

The Village of Monticello is in the news again, with recent updates to Mayor Gordon Jenkins’s DWI case. On November…
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Cuomo Calls for New Restrictions for Repeat DWI Offenders

New York State Governor Andrew Cuomo has called for harsher laws to punish repeat drunk drivers. Following closely on the…
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“Rosario Material” in DWI Law

In People v. Rosario, the New York Court of Appeals set forth what has become known as the “Rosario rule.”…
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Urine Alcohol Analysis Test

The most reliable measurement of blood alcohol content (BAC) obtained by direct analysis is a blood test. However, for reasons…
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New York State Legislators Propose New DWI Laws Aimed at School Bus Drivers

Ensuring Children’s Safety on School Buses It is hard to believe that summer break will soon be over and children…
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Former South Carolina Politician Charged with DWI in the Hamptons

Thomas Ravenel may have to take ‘time out’ from polo to defend DWI. Thomas Ravenel, 50, the former state treasurer…
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Jury Instructions in DWI Cases

Jury instructions in DWI cases are the directions given to the jury in the case by the court. Jury instructions…
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Driver Pleads Not Guilty to Charges in Connection with Tragic East Village Crash

New developments emerged recently in relation to the NY DWI charges of Shaun Martin, a 32-year-old man from Queens who…
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‘Hunger Games’, Mouth Alcohol and DWIs

DWI Case Dismissed for Actor, Jeffrey Wright Earlier this year actor, Jeffrey Wright (47 years old, of Brooklyn, New York),…
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Bizarre Drunk Driving Reports

USA Today reported about a bizarre DWI that occurred in Fort Mitchell, Kentucky. A 75 year old male, drove his…
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Cracking Down on Drunk Driving

New York’s initiative of reducing the number of repeat drunk drivers.
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Follow-up – Herbowy enters Guilty Plea to Lesser DWAI Charges

Re-Cap: Herbowy’s DWI Charge In a story we posted last month about Taras Herbowy, 71 – the, now former, director…
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DWI Offenders and House Arrest

The electronic monitoring of criminal offenders by putting them under house arrest has gained increasing attention as a possible way…
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DWI Restitution in New York

The term “restitution” refers to compensating the victim in a case, such as a DWI case, for their losses. The…
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DWI Pretext Stops in New York State

There are questions about whether a police officer may stop someone for a traffic infraction when the underlying purpose of…
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Three Strikes in Syracuse and DWI Witness Tips

Binghamton Resident crashes multiple times – charged with DWI In a recent story by Syracuse.com, police reported that Margery Zalusky…
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Enlisting in the Military and DWI Convictions

If you have been convicted of DWI in New York, you might be wondering how your conviction will affect you…
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Recent DWI Charges in the News: Prized Teacher and Mr. Ding-A-Ling Driver

Teacher Stopped for DWI Police in Virginia recently stopped a high school teacher from Richmond, Virginia for speeding. Allegedly, Danica…
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Young Man Charged with Felony DWI after Crashing in Chautauqua, New York

DWI charges can disrupt a person’s life, wreck their finances, and negatively affect their personal relationships and career. This is…
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DMV Re-licensure Sanctions

The New York Department of Motor Vehicles (DMV) recently enacted provisions to get drivers who are repeat DWI offenders off…
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DWI Offenses , Employment and Expungement

If you have been convicted of DWI in New York, there is a record of the case kept by the…
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