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Handling the DWI Case in New York, 2008-2009 ed.

Peter Gerstenzang, Eric Sills

Book - softbound

ISBN-13: 9780314909541

Last Updated: 10/27/2008

Availability: In Stock

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Description

The law governing DWI and related vehicular crimes is rapidly changing and developing. This annual edition of Handling the DWI Case in New York is an up-to-date reference that guides you through this evolving area of legal practice by analyzing the latest legislation and ground breaking cases. This volume contains discussion of important legal principles relevant to local criminal court practice. It offers practice-oriented insights, effective negotiation tactics and strategies, in-depth explanations and extensive trial preparation materials. Both defense and prosecution will benefit from Gerstenzang’s expertise.

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Table of Contents (PDF) »

Table of Authorities (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Part I. Arrest
Chapter
1. Reasonable Cause for Arrest
2. Operation
3. Public Highways, Private Roads and Parking Lots
4. Warrantless Arrests from the Home
5. Sobriety Checkpoints
Part II. Field Sobriety Tests
1. Field Sobriety Tests
2. Alco-Sensor—The Breath Screening Test
3. Gaze Nystagmus
Part III. Offenses
1. DWI Felonies
2. Driving While Ability Impaired by Drugs
3. Special DWI Provisions for Taxicabs, Livery, Non-commercial Trucks, and Construction Equipment Operators: VTL § 1193(1)(D)
4. Vehicular Crimes
5. Aggravated Unlicensed Operation of a Motor Vehicle
6. Commercial Drivers
7. Underage Offenders
Part IV. Accusatory Instruments
1. Local Criminal Court Accusatory Instruments
2. Supporting Depositions
Part V. Plea Bargaining
1. Local Criminal Court Practice: Practical Aspects
2. Plea Bargaining
Part VI. Pre-Trial Matters
1. Discovery in Criminal Cases
2. Brady Material
3. Sandoval Issues: Admission of Prior Convictions at Trial
4. Double Jeopardy
5. Pre-Trial Motions
Part VII. Statements
1. Statements
2. Statements; CPL § 710.30 Notice Issues
3. Miranda Warnings
4. Rosario Material
Part VIII Chemical Tests
1. The Breathalyzer
2. Additional Chemical Test
3. The Two-Hour Rule
4. The Blood-Breath Relationship
5. Preservation of Breathalyzer Ampoules
6. Duty of Police to Conduct Intoxication-Related Tests and to Preserve Blood/Breath Samples
7. Radio Frequency Interference
8. Infrared Instruments
9. Effect of Test Result
Part IX. Blood Tests
1. Blood Tests
2. Extrapolation
3. Compulsory Chemical Test
Part X. Test Refusals
1. Test Refusal
Part XI. Evidence Issues
1. Breathalyzer Foundation: Burden of Proof
2. Admissibility of Documents
3. Physician-Patient Privilege
Part XII Penalties and Consequences
1. Suspension Pending Prosecution
2. Penalties: Fines, Time and Revocation
3. Surcharges and Crime Victim Assistance Fees
4. Ignition Interlock Device Program
5. The 20-Day Order
6. The Drinking Driver Program
7. Certificates of Relief from Civil Disabilities
8. Seal and Return Orders: Clearing the Record
9. Timeliness of Prosecutions and Speedy Trial
10. Important New Changes To New York's DWI Laws
Appendices
Table of Laws and Rules
Table of Cases
Index

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