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Articles Posted in DWI/DUI

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Court Discusses the Contributory Negligence in a Wrongful Death Lawsuit

The plaintiff, who was deceased, drowned when the motor vehicle he was driving broke through a retaining wall, falling into the water. The plaintiff sued to recover damages for wrongful death and conscious pain and suffering. The plaintiff’s estate asserted that the retaining wall was not constructed properly to withstand…

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Court Discusses a Defendant’s Confrontation Rights Regarding Breathalyzer Machines

The Defendant was arrested of driving under the influence after the arresting officer observed his erratic behavior including swerving and nearly striking the traffic delineators. The defendant took a breathalyzer test which revealed that his alcohol content was above the legal limit. The defendant was convicted of driving under the…

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Court Finds thats Multiple Trial Delays by Counsel Have Prejudiced the Defendant’s Case

Defendant was charged with driving criminal violations involving driving under intoxication (DUI). The complaint alleges that defendant operated a motor vehicle in an intoxicated condition. In the blood alcohol test that was conducted, alcohol was found in his blood. The court proceedings encountered several delays. The defendant informed his attorney…

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New York Supreme Court Hears Double Jeopardy Argument in DUI Case

In separate incidents, two men were arrested for driving while intoxicated and other various violations of the Traffic Law. As a result of the filing of the charges for driving while intoxicated, the driver’s licenses of both these men were suspended automatically. After arraignment and during pre-trial, both men raised…

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Defendant Challenges Forensic Lab Results in DUI Case

A woman was accused of driving while intoxicated. During her trial, the District Attorney presented affidavits and certifications attesting to the analysis and results of tests done by the forensic laboratory. The District Attorney tried to establish the reliability of the tests used by the forensic laboratory by further offering…

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