Ithaca Cortland DWI lawyer: Why DWAI Drug Charges in New York are so Nasty!

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Newman & Cyr, The DWI Attorneys

Why DWAI Drug Charges

in New York are SO NASTY! 

DWAI drugs is one of New York State's nastiest DWI offenses for a number of reasons. The charge of VTL 1192 (4) DWAI drugs means that you are impaired by a drug (legal or illegal) while operating anything that has a motor (motorcycles gas/electric qualify).

What makes the charge of NYS DWAI drugs So bad to defend?

1. It has the high level of punishment: misdemeanor for a first, felony for a second in 10 years and merely the proof level of a violation level offense

2. There are so many ways for the prosecution to prove you are under the effects/influence of a drug it is not in the least bit funny...

They can use statements/admissions (what you tell them) of your drug use; 

A Blood or Urine Test;

Them finding drugs in your possession or in your immediate control;

The police doing a DRE (drug recognition evaluation);

Then then police can bring charges with one or more than one of the above. 

3. The proof for impairment from drugs is "any extent" of actual impairment.

"ANY extent" is not a big stretch for people (on a jury or a judge) to get their head around.

For all these reasons we believe that the charge of DWAI drugs is one of the worst DWI charges to defend against - bar none.

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

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

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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 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 DWAI drug lawyer: How is BLOOD evidence Tested in New York? GAS CHROMATOGRAPHY

image courtesy of web.nnsu.edu

Testing Blood Evidence in New York:

Basics of GAS CHROMATOGRAPHY

for DWI and DWAI Drug Cases

As you can imagine, the process of testing a liquid and breaking down its molecular compounds is a very complicated one.  However, this page should help break down the absolute basics of how your BLOOD gets tested after a DWI or DWAI drug charge in any of the New York forensics laboratory.  

New Mexico State University has a terrific page set up covering the basics.

GAS CHROMATOGRAPHY:  a common type of analysis used by chemists to separate and analyze compounds that can be vaporized without decomposition.  (Wikipedia)

HOW DOES IT WORK?

1. Your Blood sample is broken down into multiple samples to be input into the machine  

2.  Your blood is heated in the main part of the machine so that it turns into vapor (gas)

3.  It takes different chemical compounds different amounts of time to change from the stationary phase (when it's liquid) to the mobile phase (when it's gas)

4.  The blood sample travels along a "column" that is very long (can be 15-60 meters) so that the various compounds inside your blood get separated

5.  The length of the column gives plenty of time and space for the various compounds inside the sample to be separated from one another [the goal is to achieve separation]

6.  Upon reaching the end of the column, the separated compounds exit and get read one by one and a computer creates a CHROMATOGRAM that is read by the chemist. 

Example of a Chromatogram, image courtesy of clinchem.org

PROBLEMS WITH BLOOD GAS CHROMATOGRAPHY


UNLIKE BREATH TESTING where only one person is tested at a time, blood gas chromatography usually involves many different defendants' samples are tested simultaneously. The chemist or forensic technician could be testing 100s of blood samples AT THE SAME TIME.  This creates a large margin for error.  It provides many opportunities for things to go wrong...It raises many questions for me as a DWAI drug or DWI defense attorney.

Was your sample labeled properly and separated from other defendants?  Was the machine working properly?  When was it last calibrated?  Was the mobile phase gas working?  Was it heated right?  Did the chemist properly extract your blood from the vacuum container?  Could somebody else's blood contaminate the column before your sample is read?  Did the compounds actually separate at the end of the column? Did any compounds come out repeatedly?  

As you can see, there are a million ways this process can go wrong.  That is why it is so critical to be able to understand and read the chromatogram itself.  The chromatogram can show us if there was contamination, if the samples were properly separated, and if problems exist.  You just need to understand how to read it.  You also need to understand what a proper chromatogram looks like versus one that has problems on it.  It is such a specialized scientific process that it is important to have a DWI or DWAI drug defense attorney who understands the science and handles these sort of cases on a regular basis.

Do you have questions about a DWAI drug case or DWI case where your blood was taken?

Call us:  607-229-5184

E:  mike.ithacadwi@gmail.com

By Attorney Mike Cyr

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

COPYRIGHT CYR & ASSOCIATES 2015

Ithaca DWAI Drug Lawyer: the DUTY of the Police to Preserve BLOOD EVIDENCE.

DUTY OF THE POLICE TO 

PRESERVE THE BLOOD SAMPLE

TAKEN FROM YOU

IN A DWI or DWAI Drugs Case...

If you are arrested for either Driving While Intoxicated or Driving While Ability Impaired by Drugs and the police taken a sample of your blood.... 

...Then they MUST PRESERVE THE SAMPLE for independent testing by the Defense. 

Criminal Procedure Law s. 240.20(1)(f) requires that if a Defendant makes a demand for discovery (evidence against him/her) then the People MUST "make available for inspection and testing, ANY PROPERTY (your blood = your property) obtained from you.. \

So, if you get your blood drawn ---then the Police have a duty to PRESERVE that sample and make it available for you (and your lawyer) for independent testing & analysis.  

This is a crucial step in ANY blood case.  

Case law goes on to say that:  "since testimony of blood alcohol content is invariably dispositive in drunk driving cases, independent testing by a defense expert is imperative if the defense is to have a fair opportunity to confront the toxicologist and her findings..." 

"It is FUNDAMENTALLY UNFAIR to deny someone reasonable access to fluid specimens taken from one's own body..."  

HOWEVER BE WARNED!!!!  It's not that simple.  

If the police INADVERTENTLY fail to preserve the blood sample, the evidence can still be used against you at trial.  If this happens, the Court is just supposed to "SANCTION THE PEOPLE"  (What the heck does that even mean?).

What does "inadvertent" mean?    = Oops!  We lost it....our bad. 

For practical purposes, it means that you're in bad shape case-wise because the prosecutor lost your blood sample, he can still use it against you, and the DA's office gets a slap on the wrist in court.  

OK --that is clearly a problem---how do you avoid that outcome??? 

By your lawyer being meticulous and persistent.  In blood cases, we make at least 5 requests for the blood sample.  In every case.  We make sure that the DA knows we want it, the police know we want it, and the Court knows we want it ---AS SOON AS HUMANLY POSSIBLE.  We tell them at the FIRST COURT APPEARANCE.  We make a formal request on the record in Court.  We also send emails to the DA's office.  All to create a paper and oral record of our numerous requests --so they can't drop the ball.  Or if they do--it does NOT look like an accident. 

By Attorney Mike Cyr

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

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www.twitter.com/ithacadwi

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