Tuesday, July 19, 2016

Ithaca Watkins Glen DWI lawyer: Must they do a Chemical Test within 2 hours in New York?

MUST THEY DO A CHEMICAL TEST
FOR A DWI WITHIN 2 HOURS
IN NEW YORK?



In this video, DWI defense attorney Mike Cyr, explains the New York "2 hour Rule" .... or what used to be the 2 hour rule...

There used to be a mandatory rule under New York State law that any chemical test (breath or blood) MUST be taken within 2 hours of arrest or taking the Preliminary Breath Test (PBT). Unfortunately, that rule has been diminished over time to now in 2016, where the "rule" is now more like a "suggestion."

Basically, if a Chemical Test is taken beyond 2 hours following an arrest or PBT, then the defense lawyer can argue that the test is too old to be reliable and accurate... we have been successful in the past using this technique on cases. 

If you have any questions about a DWI case in upstate New York, call us: 607-229-5184

By NEWMAN & CYR, PLLC

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

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Copyright 2016 Newman & Cyr