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Second-hand “hearsay” evidence could not support drug charge indictment

Prior to a trial, the state may seek an "indictment" against a defendant. A special jury, called a grand jury, determines if there is enough evidence to show the existence of probable cause that a defendant committed a crime. This process does not convict a defendant. Rather, it is an accusation which, if a person …

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New York mayor charged with DWI, critics call for resignation

A mayor in New York was recently arrested, charged with driving while intoxicated (DWI). A local CBS affiliate reported the mayor of Monticello, Gordon Jenkins, was arrested after he appeared intoxicated at the scene of a crime. The mayor was heading home after attending a social gathering. When confronted by police, the mayor refused a …

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Understanding New York’s DWI statute may be trickier than most realize

At first glance, New York’s DWI law may appear quite simple to comprehend. After all, the statute merely states that it is against the law for motorists to "operate a motor vehicle" in New York if they are intoxicated or impaired due to alcohol consumption. However, many motorists may be surprised as to just how …

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Can New York drivers refuse breathalyzers if arrested for DWI?

Many motorists in the Empire State may be surprised to discover that New York law expressly dictates that all drivers operating motor vehicles in the state are already “deemed to have given consent” to chemical testing if arrested for driving while intoxicated (DWI) or driving under the influence of drugs. Essentially, this means that police …

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Out-of-state drivers need to be particularly wary of New York DWIs

This holiday season countless motorists will hit the roads as they travel the nation’s highways to celebrate with family and friends. In particular, drivers in the Northeast will likely traverse several states as they journey to important holiday gatherings. However, as holiday revelers cross state borders, it is crucial for them to remember that driving …

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New York authorities are actively pursuing drunk motorists

Every day authorities are on the street, patrolling for those that have gotten behind the wheel after a couple of drinks. New York police will stop at nothing to track down potential drunk driving suspects. For example, one man was charged with driving while intoxicated recently. This particular individual was at a Lockport 7-Eleven store, …

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Ice cream truck driver loses job after DWI arrest

A DWI conviction comes with serious consequences and may even effect an individual’s employment. In one example, CBS News reports that an upstate New York ice cream truck driver recently lost his job after being arrested for DWI. Police report that the man was arrested after allegedly driving his ice cream truck into oncoming traffic. …

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