Decisions by Topic
Decisions by Year
Presumptions
Topics
OFFENSES
DWI offense
The "perse" offense
DWAI drug offenses
AUO offenses
Underage offenders
Predicate offenders
DWI felonies
Vehicular Crimes
Inchoate and accomplice offenses
AFFIRMATIVE DEFENSES
Necessity
Duress
Mistake of fact
Mistake of law
LICENSE ISSUES
Suspension Pending Prosecution
Chemical Test Refusals
Refusal and the Right to Counsel
Conditional licenses
Repeat Offenders
FAA and pilot license suspensions
Interstate drivers license compact
DMV REFUSAL HEARINGS
Criminal Court's scheduling and adjournments
Due Process rights
Waiver of right
Arresting Officer's failure to appear
Refusal as a civil violation
Underage sanctions
Right to Refuse – constitutional vs. legislative
Refusal warnings
"Persistent" refusal
Invalid stops
Issues to be determined
Appeals
PROCEDURE
Accusatory instruments
Supporting depositions
Local court timelines
Pre trial conferences and plea bargaining
CPL 30.30
THE STOP
Traffic stops
Operation
Sobriety checkpoints
Warrantless arrests
FIELD EVIDENCE
Field Sobriety Testing
The Alco Sensor
Probable cause to arrest
BREATH, BLOOD & URINE TESTING
Presumptions
Chemical tests
Blood tests
Urine tests
FOURTH AMENDMENT ISSUES
Search incident to arrest
Right to counsel
Incriminating statements
Discovery
Video tapes
audio tapes and photographs
Pre Trial Motions
Brady material
Sandoval issues
Statements
Rosario
EVIDENCIARY ISSUES
Chemical test foundation
Admissibility of documents
Blood draw evidence
Accident Reconstruction
Black Box
PENALTIES
Suspension pending prosecution
Conditional licenses
Fines
surcharges and assessments
Ignition Interlock Device
Drinker Driver Program
Treatment and consent waivers
Vehicle confiscation and forfeiture
Immigration and deportation
Travel consequences
SORT BY YEAR:
Current Decisions
2023 Decisions
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