DWI 101
Good afternoon everyone. Today I would like to do the first installment of a few blog posts on the nuts and bolts surrounding the charge of Driving While Intoxicated. I’m calling it “DWI 101,” for now anyway.
(Please remember when reading this and future entries that every case is different, and the information I am providing here is not be construed at legal advice specific to your case in any way. If you have been arrested on suspicion of DWI, please call me right away at 585-730-6280 so that I may fully review your situation.)
The topic of DWI seems especially appropriate given the warm temperatures outside today. As the weather improves and more motorists take to the roads for cook outs, parties and days at the lake or beach, what is known locally as the “season” for DWIs begins. Police are going to be on the lookout for people driving under the influence of alcohol.
Let’s start with how a DWI arrest begins, what is known as the “stop.” Typically the stop occurs because of a suspicion by the police that the motorist has or is breaking the Vehicle and Traffic Law. This can include speeding, failure to maintain lane, failure to obey a stop sign or red light, failure to use a turn signal, equipment violations like a headlight out or a loud muffler, and technical violations like expired inspection sticker or suspended registration of the vehicle.
Other “stops” can come as the result of sobriety checkpoints, motor vehicle accidents, or the always popular “suspicious vehicle.” We will cover those scenarios in the future.
In order for a motor vehicle stop to be valid, the officer must have reasonable suspicion that a violation of the Vehicle and Traffic Law has occurred. That is to say that an officer cannot just pull you over on the highway on a whim. If that reasonable suspicion is lacking, the end result can be that an entire DWI case will be dismissed because the stop was suppressed by a court reviewing the matter.
Another factor that can lead to a dismissal of a DWI case against a defendant is a lack of proof that a defendant was actually operating the vehicle while under the influence of alcohol. To “operate” the vehicle basically means to demonstrate a present intention to put the vehicle into motion. In most situations, at the very least, operation can be demonstrated where a defendant is seated in a parked vehicle with the engine running.
However, the government can run into problems proving operation in a number of ways. If a car is disabled along the side of the road, for example, and the police happen upon a motorist standing outside the vehicle who appears to be under the influence of alcohol, the proof necessary to demonstrate operation may not be sufficient. And without proof of operation, the government cannot prove beyond a reasonable doubt that a defendant is guilty of DWI.
Unless of course, the defendant speaks with the police officer and admits to having operated the vehicle. The subject of defendants’ statements to police is a topic worthy of its own discussion, and we will leave that for another day.
Until then, remember, if you are arrested, do not make any statements to the police and inform them that you wish to speak with an attorney before any questioning. Then give me a call at 585-730-6280.
Two Cases in Henrietta
I was able to obtain two good outcomes last night for clients in Henrietta Town Court.
In the first case, my client was a young man charged with the misdemeanor of Petit Larceny. As my client had no prior criminal history, it was important to him to obtain a non-criminal disposition to minimize the impact on his future employment opportunities. Following my negotiations with the judge and the prosecutor, my client was offered and accepted an Adjournment in Contemplation of Dismissal, better known in legal circles as an “ACD.” An ACD means that the case is adjourned, generally for six months. If there are no further legal difficulties for the client during that six month time period, then the case is dismissed entirely at that point. In terms of last night’s matter, the client was also ordered to complete 16 hours of community service. That’s a great tradeoff to avoid a criminal conviction, in my opinion.
In my other matter, my client was originally charged with some very serious narcotics felonies. Felonies that could have carried state prison time had he been convicted of those charges. However, because of some significant legal issues in the case, most notably questions about the legality of the police search of my client’s residence at the time of his arrest, I was able to secure a plea for my client to a Class B Misdemeanor marijuana offense with a sentence of just one year on probation. That outcome sure beats a lengthy state prison sentence, and it highlights how important it is for a person who is accused of serious crimes to obtain competent representation from an attorney who can spot legal issues in a case that can lead to minimized long-term ramifications.
If you find yourself or a loved one in similar legal difficulty as these clients, please give me a call.
(As always please remember that past results do not ensure similar future outcomes.)
DWI Reduction
Another good result for a client today in Rochester City Court charged with Driving While Intoxicated. The client in question was stopped on an allegation that he was following another vehicle too closely, and was ultimately charged with DWI after having submitted a breath test that showed a purported result of .13. Following proceedings in the case and my negotiations with the District Attorney’s Office, I was able to secure a plea for my client to the non-criminal traffic violation of Driving While Ability Impaired with a sentence of a Conditional Discharge. The client was thus able to avoid having a criminal conviction on his record and a revocation of his driver’s license. Good way to end the week, I would say.
(As always, past results do not necessarily predict future outcomes.)
Ode to the Local Brewery
Pardon the deviation from the usual legal discussion that takes place here.
Last Friday I had the pleasure of getting a private tour of the Genesee Brewery on St. Paul Street here in Rochester. I went with a group of friends and we had a great time. After the tour we had the opportunity to taste many of the beers brewed there, including Genny Light, Cream Ale and several varieties from the Dundee craft line. One of the coolest parts of the tasting was that we got to taste unpasteurized Genny Ice that our tour guide had taken off the canning line only moments before. It was delicious!
Below is a photo gallery of pictures I took on the tour, including some of the neat examples of old time advertising on display in the offices, and a great shot of our friend Joe Waldorf modeling the safety gear we were required to wear, right down to the hairnet. The canning line you see is the very same one that the Genny Ice we sampled came off of.
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The current renaissance of the Genesee Brewery is a great Rochester success story. Less than a decade ago, things looked very bleak indeed for a local institution that had been around since 1878. However, since the business was purchased by a private equity company in 2009 and made a part of the North American Breweries group, the fortunes of Genesee have dramatically turned around. So much so that the front page of the Democrat and Chronicle declared in June 2009, “Genny’s Back, Rochester!” following the announcement of a $10 million investment in the company. On the tour we got to see the fruits of one part of that investment, a multi-million dollar upgrade to the facilities for treating and storing yeast – a key ingredient in the brewing process.
As a Rochestarian I am very proud of the success of our local brewery, as are many other people in the community. I think if you do enjoy the occasional beer, you should consider supporting a local business and the people who work there by choosing a Genesee product, much as I would also recommend you select other local products when you have a choice.
The Brewery has been in the news for another reason of late, specifically its plans to construct a visitor center, museum and brew pub on its St. Paul Street campus. Part of those plans involve the demolition of the abandoned old Standard brewhouse at 13 Cataract Street. Some community groups, including our friends at Rochester Subway have campaigned to stop the demolition on historical preservation grounds. Genesee has stated its reasons why the demolition is necessary, including the high cost of refurbishing the building as well as structural issues that call into question the building’s safety. Rachel Barnhart did a nice report that I feel fairly framed the issue. You the reader can decide for yourself.
My take on the dispute, with due respect and admiration to those who advocate for the preservation of historical buildings, is that this brewhouse project is very important and necessary to the continuing success of the brewery. Look no further than the success of the Saranac (Matt’s) Brewery in Utica with its tours and brewery store. A similar facility at Genesee could likewise be an awesome attraction for visitors and will hopefully spur further development in a sometimes troubled part of the city. I think that if Genesee felt that saving 13 Cataract was feasible as part of the project then they would do so. It’s unfortunate that this is the case, but to me it appears there is no other reasonable solution that would allow the project to move forward other than demolition. Perhaps the new facility can be constructed in such a way as to be evocative of the unique architecture of the 13 Cataract.
I definitely recommend you follow @GeneseeBrewery and @DundeeBeer on Twitter as well as Facebook. I for one am looking forward to the new Heritage Packs coming out soon, which I understand will consist of 12 Horse Ale, Fyfe and Drum, and an old favorite – Summer Brew.
(As always, please drink responsibly and never drink and drive. But if you do find yourself in that situation, please give me a call at 585-730-6280.)
Good result today…
I had the opportunity to appear in Greece Town Court this afternoon. My client there was charged with the class A misdemeanor of Assault in the Third Degree. A class A misdemeanor in New York may carry with it up to one year in jail or three years of probation, depending on the circumstances. A conviction for such an offense results in that person having a criminal record.
However today, after my negotiations with the prosecution and consultations with the judge, my client was offered and plead guilty to the non-criminal violation of Disorderly Conduct with a sentence of a Conditional Discharge and 40 hours of community service. Such a plea does not result in a person having a criminal record.
Another good result this week.
(As always, please keep in mind that past results do not guarantee future outcomes.)