Appellate Court Rules Breathalyzer Materials Must be Disclosed

December 11, 2014

Earlier today the New York State First Appellate Division affirmed the lower court and ordered that the NYPD turn over the breathalyzer maintenance records we have been fighting for.  Today’s decision found the NYPD’s claims that the release of the documents would interfere with pending DWI matters completely unsupported. We began this fight over two […]

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“A View from the Bench”: Observations on an Oral Argument

December 2, 2014

To view an event “from the bench” in sport means watching from the sidelines. On November18th , I had the privilege of watching from the sidelines as Daniel McGuinness capably argued an important Freedom of Information Law case before the New York Appellate Division – First Department: Law Offices of Adam D. Perlmutter, P.C. v. […]

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Discovery Decision Uncovers Prosecutorial Wrongdoing

November 12, 2014

After nearly a year of stalling, the New York County District Attorney’s Office has finally asked the NYPD what New York law has required for decades: Has the breath machine in a specific case ever been repaired? However, when the answer is “Yes”, the Manhattan DA’s Office is still trying to avoid fulfilling its legal […]

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Battle for the Breathalyzers Records Round 2: NYPD Launches Appeal

July 15, 2014

The NYPD just doesn’t want you to know what’s going on with their breathalyzer machines. Last year we scored an important victory in our fight for government transparency when New York Supreme Court Justice Doris Ling-Cohan ordered the NYPD to produce all records of maintenance and inspection for every Intoxilyzer machine in the city.  The […]

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Is Digital Privacy As Good As Gone?

January 22, 2014

Whether you agree with Edward Snowden’s actions leaking information on classified NSA programs or not, it is hard to argue with the fact that he has started a debate on civil liberties issues in the United States.  For more on the parameters of the debate, you may want to look at the piece that our […]

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Should I Take a Breath Test?

January 6, 2014

More than any other question in DWI, clients, friends, and colleagues always ask: “If I get stopped for suspicion of DWI, should I take the breath test?”  It is an easy question but not one with easy answers.  Like many things in life, it depends.  Hopefully, the comments below will give you some guidance. New […]

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When Can Police Conduct a Search Without a Warrant?

January 2, 2014

In a previous post, we discussed search warrants in detail. A search warrant is a legal document that gives law enforcement officers judicially sanctioned authority to conduct a search for evidence of a crime. In general, police need to have a search warrant in order to conduct a search. This requirement is based on the […]

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Defenses to Criminal Charges

December 24, 2013

If you are facing criminal charges, you may be wondering what defenses are available to you. An experienced criminal defense attorney can help you understand whether you have a viable defense to the crime with which you have been charged. As you may already know, a prosecutor must prove that a criminal defendant is guilty […]

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What is a Search Warrant?

December 18, 2013

This post will discuss what a search warrant is and the steps law enforcement officers must take to get one. If police have served you with a search warrant, contact an experienced criminal defense attorney right away. A search warrant is a legal document that authorizes law enforcement officers to search a specified place for […]

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Can Police Tap My Phone?

December 10, 2013

Some of the most popular crime movies and television shows feature “tapped” phones and law enforcement officers listening in on suspects’ phone conversations. In Goodfellas, Henry Hill is obsessed with whether or not investigators have tapped his phone. In The Wire, members of Avon Barksdale’s drug empire use “burners,” or “disposable” phones, to avoid having […]

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