Using TIMING to Defend DWI
in New York
In this video, Attorney Larry Newman discusses how we use TIMING to help defend DWI cases in the Finger Lakes region of upstate New York.
We had a specific case where a guy was given a blood test BEYOND 2 hours from the time of arrest. In NY, they're supposed to give a blood or breath test from the time of the Road side breath test (Preliminary breath test or PBT) or the time of arrest. This is not a mandatory rule--but it can be used as persuasive.
If a test is given MORE than 2 hours from arrest or roadside test, then we are allowed to argue that the test is NOT reliable, accurate, or truthful, and we can make that argument to the jury.
In the case Larry discusses, we were successful in filing motions and getting a great reduction offer just before a trial because we were willing to push the prosecutor and make a solid argument for our client. As Larry mentioned, no two cases have the exact same result, but this strategy can be successful in other cases.
If you have a question about a DWI case in New York, call us: 607-229-5184.
BY NEWMAN & CYR
Copyright 2016
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DISCLAIMER: If you or a loved one is charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes --including the loss of your freedom!
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*Educational purposes only. Copyright Newman & Cyr 2016
