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Hamburg New York Criminal Defense Blog

What tests are used to determine sobriety during a stop?

If you’re pulled over while driving in the state of New York, you may be given a field sobriety test. These tests are used to determine whether you’re driving while inebriated and may be given in conjunction with a breathalyzer (which calculates your blood alcohol concentration). AAA.com offers some insight into the standard tests utilized during a DWI stop.

Walk-and-turn test

What counts as reasonable suspicion for a DWI stop?

When police suspect that you are driving while intoxicated, they will pull you over.

Arrests for DWIs are not uncommon, as law enforcement arrested over one million drivers in 2014. How do you know if the police had the right to pull you over? What happens if they did not have a reason to pull you over?

Workers' compensation and your sports-related injury

Being part of a professional athletic team in New York is an accomplishment that you have trained for since your earliest days. The time, money and resources that you have poured into strengthening your talent have put you in a pivotal spot where you have an incredible influence to support your franchise by contributing to a strong team. At Villarini & Henry, L.L.P., we represent athletes who may have received injuries stemming from their involvement in professional sports. 

If you have been injured and are preparing to file a claim, you may be wondering which factors are going to be considered in determining whether or not your request for compensation will be honored. According to The Patient Advocate Pharmacy, professional athletes have been pushing for years to be given employment status to receive the benefits of having protections such as workers' compensation. While compensation may be given for some of your injuries, recent changes to some laws are limiting the scope of injuries you can claim. 

Does New York have the death penalty?

When someone is convicted of a violent crime, he or she faces some of the most severe punishments that the legal system can hand down. In some states, this means such a conviction could get you the death penalty. However, in New York, according to the Death Penalty Information Center, there is no death penalty.

The state has had a varied history with the death penalty and has used it in the past. The last execution was in 1963, but at that time the penalty was still being used in the state and there was a death row. The first time it was abolished was in 1860, but that was only because hanging was outlawed and there was no other method used for executions at that time, so it was reinstated in 1861. Throughout the 1970s, '80s and '90s, the death penalty was not in use, but in 1995 it was reinstated. However, in 2004 it was finally abolished for good in the state, being determined it was unconstitutional. This last move was made permanent when all execution equipment was removed from prisons in 2008 under the governor's orders.

Different factors affect your ability to metabolize alcohol

If you get pulled over for suspicion of driving intoxicated in New York, you will be asked to perform a serious of tests. If you fail them and are convicted of a DWI, you can face serious and long-term consequences. Many drivers wonder how many drinks it takes before they have had too much to drive. Unfortunately there is not one correct answer because a variety of factors affect how your body processes the alcohol. Because of this, it is always the smartest decision not to drive if you have had even a couple of drinks.

According to Stanford University, both biology and physiology are involved with how intoxicated you will get. Factors involved include:

  • Weight
  • Gender
  • Food intake
  • Medication use
  • Rate of consumption
  • Health conditions

What is CTE?

It has been something that has been getting more attention in the news media in New York and around the country. Chronic traumatic encephalopathy, according to the Mayo Clinic, is a condition caused by repeated head injuries. It is a rare condition but is often found in athletes, specifically in contact sports, such as football.

Because CTE is caused by repeated injury to the brain, it occurs over time. It is also a fairly new discovery, and there have not been many studies into it, so a lot about it is unknown. Most information is general and based on what has been seen, although it is not definitive. There is no cure or treatment that will stop the symptoms of the disease.

How much will a DWI cost you?

When the police pull you over for a DWI in New York, you may not be as worried about the charges or the record that you are facing, but instead how much it will cost you to recover. DUI and DWI charges are not inexpensive, and it can cause grief to many individuals. How much will a first offense conviction cost, and what all will you need to pay for?

 

Man appears in court, accused of embezzling $1.2 million

When business owners hire employees and entrust them with important responsibilities, they rely on their employees to have integrity and to follow procedures that have been designed to protect the assets of their organization. However, there are plenty of unfortunate circumstances in New York when companies have to face the unsettling reality that their employees have been dishonest in order to make personal gains. 

An example of one such case involves a volunteer treasurer of a merchant seaman organization in Long Beach, California who is accused of embezzling a stunning $1.2 million dollars while in a position of trust. During that same time, he was also the volunteer treasurer of a youth soccer league in Anaheim. As a legally certified accountant, the man appeared to be trustworthy and dependable when he was hired as a financial reporting controls officer. However, when money began mysteriously disappearing, the man was questioned about his involvement. None of the funds have been recovered and an estimated loss of over $1 million has resulted in forgery and grand theft auto charges for the man. Investigations revealed that he sent some of the money to other people living in Central America, presumably family and friends. If convicted, he could face up to 130 years in prison. 

How transparency can reduce white collar crime

For many companies in New York the importance of providing stringent protocols for employee behavior is prioritized in an effort to reduce shady behavior that could potentially damage the company's reputation, tarnish their brand and destroy their success. While there are many effective approaches that organizational leaders can take in developing an ethical workplace, one of the concepts they may consider is implementing transparency. 

The concept of transparency is that employees are honest and open about their behavior. In situations where they identify someone else doing something inappropriate or unprofessional, there is an atmosphere that encourages disclosure and the protection of whistleblowers. With the right approach, organizational leaders can create an environment that encourages employees to be professional and honest, and work with integrity while creating an atmosphere where they feel comfortable coming forward if they suspect someone else is responsible for bad behavior. 

What is arson?

Arson is considered a very serious crime, with most states categorizing it as a felony offense. Not only can it destroy property, it can also take lives in the process. Justia.com explains the different elements of arson and how perpetrators of this crime are usually punished by the law.

It’s important to understand the difference between arson and accidental fires related to negligence. In order for a fire to be considered arson it must be enacted with malicious intent. For instance, a person failing to turn off a stove or sparking a flame while smoking can’t be charged with arson, even if their actions lead to the destruction of property.

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