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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. Sources of Prosecution Evidence in DWI Case The arresting officer’s testimony is a key component of the evidence typically presented at a DWI trial, along with any dash cam evidence and field and/or chemical test results. If all of that evidence is not in place the...
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NY Penal Law §220.45, Class A Misdemeanor A person is guilty of possessing a hypodermic instrument when he or she unlawfully possesses or sells a hypodermic needle. Defense: It is not a violation of this section if the syringe was obtained from a physician prescription, by a licensed pharmacy, syringe exchange, or authorized healthcare practitioner as described in Public Health Law §3381. A related defense applies to Criminal Possession of Controlled Substance in the Seventh degree where is not unlawful to possess a residual amount of substance on or in a hypodermic needle...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. There are many mistakes that are commonly made by law enforcement when investigating DWI crimes. For instance, officers commonly, and mistakenly believe that crossing the fog line is a reason to stop a vehicle for an alcohol-related offense, but that is not so. There have been...

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The elements of a Criminal Possession of Controlled Substance (CPCS) charge may be simply stated as: the person knowingly and unlawfully possessed a controlled substance. Nevertheless, the drug laws are complex and defending a drug case involves many factors related to the amount of the substance, the type of substance, and many procedural issues often related to the search and how the person finds themselves facing the charge.  For an analysis of your case, please call us at (315) 364-1155 for a free consultation with Attorney Ralph Habib. Mr. Habib is a former...
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DWI Roadblocks an Police Targeting DWI One of the approaches that we are seeing when it comes to apprehending DWI suspects is a stronger mandate for officers to specifically target people who may be drinking and driving. Roadblocks, regular patrols dedicated to DWI enforcement and increased training regarding proper arrest of suspected DWI offenders are just a few of the ways the police are adapting to the volume of DWI offenders.    Indeed, there seems to be a great deal of increased pressure on officers to catch people who may be guilty of DWI. Officers I speak with from...





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