Ithaca Watkins Glen DWI Lawyer: What the Police Officer will testify to in a DWI case in New York

What the Police Officer

will testify to in a DWI case

in New York

This video is about what the police officer will likely testify to in a DWI case in New York. In most cases, there are 5 different things that an officer will testify to:

1. Your DRIVING (how good, how bad etc)

2. Observations of YOU (how you looked, talked, walked, acted, smelled)

3. Drug Recognition Evaluation or Standard Field Sobriety Tests (how you did, if you failed etc)

4. Breath or Blood Test Results (chemical test results only)

5. YOUR statements (both oral or written)

If you have questions about a DWI case in NY, call us: 607-229-5184

Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.

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Ithaca Watkins Glen DWI lawyer: What are 3 major types of Admissible Evidence in a DWI case in New York?

What are the 3 Major Types

of Evidence in a DWI case

in New York?

This video is about the 3 major types of ADMISSIBLE evidence in a DWI case in New York.

Primarily, the three types are these:

1. Police Officer Testimony (how you appeared, sounded, acted, smelled, talked, walked, etc)

2. Chemical Test results (blood, breath)

3. Statements made by YOU --anything you said or wrote down or acknowledged while you were in the presence of police officers 

If you have questions about a DWI case in NY, call us: 607-229-5184

Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.


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Ithaca Binghamton DWI lawyers: Why YOUR statements will be heard by a Jury in New York

Why YOUR STATEMENTS

will be heard by a Jury in New York

From YouTube:

This video is about Why YOUR statements will be heard by a jury in NY. 

In most cop shows on TV, you hear the phrase "anything you say can and will be used against you in a court of law" --these are MIRANDA warnings (the famous Supreme Court case was Miranda vs. Arizona). 

Those warnings are real in New York. If you speak to the police (or write anything down or sign a statement written by a police officer on your behalf), then those STATEMENTS made by YOU will be used by the District Attorney's Office at trial against you! 

In a DWI case, people admit to drinking alcohol or using drugs --among other things --and your words will ultimately be heard by a Jury in New York.




If you have questions about a DWI charge in NY, call us: 607-229-5184

Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you have been charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

*Attorney advertising

Ithaca Binghamton DWI lawyer: Why are CHEMICAL TEST results seen by a Jury in New York?

Why are CHEMICAL TEST results

seen by a Jury in New York?

From YouTube:

This video is about Why Chemical Test results are seen by a Jury in the state of New York. 

This is notable because MOST paperwork in a DWI case will never been seen by a jury because it is considered to be INADMISSIBLE HEARSAY. 

Unfortunately, there is a special exception in DWI cases where the Jury is allowed to see the paperwork the contains your Chemical Test result (blood or breath test) so they get to see an official looking document that has your BAC number on it.




If you have questions about a DWI charge in NY, call us: 607-229-5184

Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you have been charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

*Attorney advertising

Ithaca Binghamton DWI lawyers: What is the Role of a JURY in a DWI case in New York?

WHAT IS THE ROLE

OF THE JURY

in a DWI case

in New York?

This video is about the Role of a Jury in DWI case in New York.

The Jury's primary function is to be the "fact finder" in a criminal case --to determine, in their minds, what actually happened based on the evidence they get to see and hear during the trial. 

The Jury's other big function is to determine the "weight" of the evidence -- in other words, how important each piece of evidence is compared to each other.

If you have questions about a DWI charge in NY, call us: 607-229-5184

Or find us online! 

www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you have been charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

*Attorney advertising

Ithaca Cortland DWI lawyer: How We Use Paperwork MISTAKES in DWI defense in New York

HOW WE USE 

PAPERWORK MISTAKES

in DWI Defense

in New York

This video is about how we Use Paperwork mistakes in DWI cases in New York. 

If the police officers made mistakes in their paperwork (the tickets, the police report, alcohol influence report, breath test report etc), then we want to use those mistakes to our client's advantage. 

Any mistake that is made closer to the arrest is going to really hurt the officer's credibility... the bigger the mistake, the bigger it is going to hurt their testimony (and make them less believable in front of a judge or jury)!




If you have questions about a DWI charge in NY, call us: 607-229-5184

Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you have been charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

*Attorney advertising

Ithaca Binghamton DWI lawyers: Different Penalties for 2 Types of Aggravated DWI in New York

DIFFERENT PENALTIES FOR
TWO TYPES OF AGGRAVATED DWI

in NEW YORK

This video is about the Different Penalties for 2 Types of Aggravated DWI in NY.  

As discussed in another video, there are two kinds of Aggravated DWI in New York. 

The misdemeanor level of Aggravated DWI is where your BAC is 0.18% or higher.  

The felony level of Aggravated DWI is where you had a child in your car age 15 or younger.  

The PENALTIES are very, very different.  

Worst case scenarios -- the misdemeanor carries a possible sentence of 1 year in COUNTY JAIL (local jail).  

VS.

Felony worst case scenario is a possible sentence of 1 1/3 to 4 years in STATE PRISON!!! (that's a big deal) 

If you have questions about a DWI charge in NY, call us:  607-229-5184

Or find us online!     www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Copyright 2016.  Educational Purposes Only.

*DISCLAIMER:  If you have been charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

*Attorney advertising

Ithaca Penn Yan DWI lawyers: There are 2 kinds of Aggravated DWI in New York!

DID YOU KNOW...

There are TWO KINDS of 

AGGRAVATED DWI in NEW YORK! 

This video is about the 2 different kinds Aggravated DWI in 

NY. They come in two different levels: misdemeanor (lower 

level) vs. felony (higher level crime).



If you get charged with misdemeanor Aggravated DWI then 

it means you gave a breath or blood test where your BAC 

(Blood Alcohol Content) was 0.18% or higher!



If you get charged with FELONY Aggravated DWI then it 

means that you are accused of having a child in your car 

age 15 or younger while bring intoxicated or high. 




If you have questions about a DWI charge in NY, call us: 

607-229-5184



Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi


BY NEWMAN & CYR



Copyright 2016. Educational Purposes Only.



*DISCLAIMER: If you have been charged with a crime in NY, 

we strongly urge you to consult with a local, licensed 

criminal defense attorney to lessen the possible negative 

outcomes of the charge--including the potential loss of your 

freedom.

*Attorney advertising

Ithaca Seneca DWI lawyers: What is HEARSAY in a DWI case in New York?

WHAT IS HEARSAY 

in a DWI case in New York?

This video is about what is HEARSAY in a DWI case in NY.

First of all, what is HEARSAY? It's a confusing topic. 

The legal definition: Hearsay is any out-of-court statement 

(written or verbal) that is used in a trial to prove that 

something happened (or didn't happen).

There are different forms of HEARSAY evidence --and some

 are admissible and some are not. 

For the most part, the paperwork in a DWI case in New York

is considered INADMISSIBLE HEARSAY (in other words, a 

jury will not see it!) 

However, the statements contained in that same paperwork 

will be heard by a jury when the police officer testifies at trial.

 

If you have questions about a DWI charge in NY, call us: 607-

229-5184

Or find us online! www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you have been charged with a crime in NY, 

we strongly urge you to consult with a local, licensed 

criminal defense attorney to lessen the possible negative 

outcomes of the charge--including the potential loss of your 

freedom.

*Attorney advertising

Ithaca Cortland DWI lawyers: Can you get your DWI charges DISMISSED if the paperwork is wrong in NY?

CAN YOU GET YOUR

DWI CHARGES DISMISSED

IF THE POLICE GET 

YOUR PAPERWORK WRONG

IN NEW YORK?

This video is about whether somebody can get their ticket or charges DISMISSED if the paperwork is wrong in NEW YORK?

Short answer is NO. 

The paperwork is not evidence --and any clerical errors can be fixed on paperwork.  The paperwork will not be seen by a jury and that's why it cannot get a charge dismissed all by itself...

HOWEVER, as we will discuss in another video--mistakes can be used against the police officer in a hearing or trial setting to your advantage if done right.  It can show police where careless or mistaken (among other things).

If you have questions about a DWI charge in New York, call us at 607-229-5184

Or find us online! 

www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016.  Educational Use Only.

If you are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of a charge --including the potential loss of your freedom. 

*Attorney advertising

Ithaca Corning DWAI Drug lawyers: What do the police need to prove to charge you with DWAI drugs in New York?

WHAT DO THE POLICE NEED TO PROVE

TO CHARGE YOU WITH

DWAI DRUGS IN NEW YORK?

This video is about what the police need to prove to charge DWAI drugs in New York.  Basically, the New York police must prove three things:

1.  You were under the influence of a drug

2.  That drug was prohibited by New York Health Codes 

3.  You were ACTUALLY IMPAIRED at the time of driving

If the police think they can reasonably prove those three things, you can be charged with DWAI drugs --however, to be convicted, the prosecutor must prove those three things BEYOND A REASONABLE DOUBT in NY.  

If you have questions about a DWAI drugs charge in NY --call us:

607-229-5184

Or find us online! 

www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright Newman & Cyr 2016.  Educational Use Only.

Attorney advertising

*DISCLAIMER:  If you are charged with a crime, or any violation of the law, we strongly urge you to consult with a local, licensed criminal defense attorney to minimize the possible negative outcomes of your case.

Ithaca Watkins Glen DWI lawyers: Can you get an Aggravated DWI by driving high on Marijuana?

CAN YOU GET CHARGED WITH

AGGRAVATED DWI

FOR DRIVING WHILE HIGH ON

MARIJUANA

IN NEW YORK?

YES! 
This video is about why you can get an New York State aggravated DWI by driving high on marijuana. There can be two different types of aggravated DWI charges in NY. One based upon a high level of alcohol, .18 BAC or higher as a misdemeanor and another where you have a child in the car with you 15 years or younger while high on drugs (like marijuana). 

So many people have called us over the years with questions about why they have more than one type of New York charge of aggravated DWI. Go to our website to download our free books on the defense of DWI and DWAI arrests in New York. 

New York DWI criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.

Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

QUESTIONS ABOUT DWAI DRUG CHARGE OR AGGRAVATED DWI IN NEW YORK?

Call us at 607-229-5184

Or Find us online! 

http://www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

mike@ithacadwi.com
607-229-5184

Copyright NEWMAN & CYR, Attorneys-at-law, PLLC 2016
Educational purposes only.  Attorney advertising.

Ithaca Cortland DWAI drugs lawyers: if THC in blood are you automatically guilty of DWAI drugs in New York?

If THC in your blood,

are you AUTOMATICALLY guilty

of DWAI Drugs in New York?

Michael Cyr of NEWMAN & CYR, PLLC

Not necessarily...

As I explain in the video above, not all THC is created equal under New York DWAI drug laws.  There are multiple chemical compounds of THC that could be found in a marijuana-user's blood.  There are three common types of THC:  carboxy-THC, hydroxy-THC, Delta 9-THC. 

Anytime you smoke or ingest marijauna, you may have all three of these types of THC in your blood at any given time. However, of the three cited, the only one which will legally support a drugged driving charge (VTL 1192.4) is if you have the ACTIVE INGREDIENT of Marijuana in your blood -- DELTA-9.   

Delta-9 THC is the only type of THC that will support a DWAI drug conviction in New York.  The other types of THC are merely the by-products or metabolites of the active ingredient in your blood.  Metabolites alone are not enough to legally support a DWAI conviction in NY.  

If you have questions about a DWAI drug charge in New York, call us 607-229-5184

or you can find us online! 

www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016

Educational Use Only. 

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