This New Year's Eve I am offering any High School Student at any High School located in the Plainview/Old Bethpage, Syosset-Woodbury or Jericho-Brookville School Districts, a free ride home from a party, bar or Train Station (Hicksville or Syosset stations) in those school district boundries, if:
1. You are too drunk to drive home
of
2. You do not have a safe ride home because the person driving You is intoxicated.
For a driver under 21 on Long Island that means if you had more than 1 drink and you are 100lbs or 2 drinks and are 150lbs or 3 drinks and 200lbs YOU ARE NOT SAFE TO DRIVE!!!
All you have to do is call 516-741-3400 and request a ride. The service will be provided between 11PM tonight December 31 2008 and 7AM January 1st 2009.
Doesn't matter if the intoxication is by drugs or alcohol. NO QUESTIONS ASKED. I will even arrange to have your car brought to your home the next day!!
That is right, if you have no way to safely and legally get home I will either pick you up, or have a car service pick you up, on my tab, and Drive You HOME.
No one needs to be arrested tonight. No High School parent needs to call me in the middle of the night to tell me that his or her son or daughter is lying in a hospital, or sitting in a cell because of a driving while intoxicated issue in the Syosset-Woodbury, Plainview or Jericho-Brookville school districts on Long Island. All rides are courtesy of:
The Law Offices of Anthony J. Colleluori & Associates, PLLC
180 Froehlich Farm Blvd.
Woodbury, NY 11797
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Showing posts with label Breath Alcohol Tests. Show all posts
Showing posts with label Breath Alcohol Tests. Show all posts
Nassau DWI Arrests Spike on Thanksgiving Eve: Some Thoughts From That Lawyer Dude
Nassau County Police announced that their DWI arrests spiked by 300 percent. Nassau Police usually average about 10 arrests a night however on November 25th police arrested 35 people in Nassau County alone. Suffolk County numbers are not available.
Nassau Police are targeting bars and restaurants in Nassau over the Thanksgiving Holiday season. They have increased patrols and are "sitting" on bars waiting for patrons to stop.
Attorneys in Nassau have told me, (and I have heard from prospective clients) that Nassau police are stopping cars as they leave these bars and restaurants frequented by students. After the stop, if they do not suspect a DWI they let the drivers go.
What is the probable cause for these other stops?? While it may be important to keep drunk drivers off the road, it should not be done at the cost of liberty for those that are not drunk. It is often said that DWI appears to be an exception to the US Constitution for police and prosecutors.
If you are stopped for at either a DWI Checkpoint or by a police officer "sitting" on a bar or restaurant whether you have been drinking or not, I tell my clients:
1. Be polite. Sit in your car and roll down your window. Allow the officer to speak and if asked be ready to produce your License and Registration quickly. Police take fumbling as a sign of intoxication.
2. If asked if you have been drinking, and if you have been drinking, ask if you are under arrest. If the answer is no, then ask if you may leave. If the answer is no then refuse to answer the "have you been drinking" question without first speaking to a lawyer. (Invoking your 6th amendment right to counsel.)Whatever you do, DO NOT SAY HOW MUCH YOU HAVE BEEN DRINKING. Remember it is not illegal to drink and drive (unless you are under 21 years old). It is however illegal to drink and drive drunk. DO not offer to give any amount of drinks. It will not help and always ALWAYS hurts.
3. If asked to get out of the vehicle to perform Standardized Field Sobriety Tests (SFST), again ask if you are under arrest. If the answer is no, then politely tell the officer you do not want to participate in those tests. If you are told that the officer is conducting an investigation, you should again tell the officer you do not wish to participate in these tests as a violation of your 5th amendment right to remain silent.
4. If you do take the SFST listen to the instructions carefully. An SFST is a series of tests. So even if you do well on one or two you can still "fail" the test. Also Remember: You will fail the test even if you do everything the officer said to do, if you do not do it exactly as he says to do it. REMEMBER, YOU ARE NOT ONLY BEING JUDGED ON WHAT YOU DO, BUT ON HOW YOU DO IT. THEY WILL FAIL YOU FOR THINGS THEY DO NOT TELL YOU ABOUT.
For example, they will fail you if you use your arms to steady yourself even though they do not tell you that. They will fail you if you do anything they do not tell you specifically that you can do. In other words, even though they seem to be testing your ability to do certain tasks, they are really testing your ability to do ONLY the task the way they want you to do it. Any change in the way they tell or show you to do the test will result in your failing the test.
5. If asked to follow a pen or pencil or light, refuse the test under your fifth amendment right. You are not required to provide evidence against yourself. You do not have to participate in the Horizontal Gaze Nystagmus (HGN)exam. It is not an accurate test. Do not take the test as there is no record of how you did on it except for the police officer's recollection. This is exceptionally unfair. Do not take this test.
6. If arrested or detained, you do not have a right to refuse the actual breath test. However, do not take a portable breath test. It is so notoriously inaccurate that it is not allowed as evidence at a trial. IT IS Allowed in during a pre-trial hearing or even a bail hearing. It is better to refuse the Portable test (which is a hand held device not connected to a bigger machine)and take the actual Intoxylizer or Breathylizer test.
7. If you are in a car accident and THINK you will fail the test, . I recommend to my clients that they DO NOT TAKE IT. Yes you will not have a license for 1 year, and yes you will not get a plea offer in Nassau or Suffolk, but, if you are in an accident you will not get an offer anyway and you have a better chance of winning at trial if you do not have a Blood Alcohol Content (B.A.C.) reading above the limit which is .08 If you have been drinking and are in an accident and do not want to have a criminal record, plan on going to trial. Yes it is costly, so is having a criminal record and so is being convicted of a driving arrest. Going to trial is in the long run less expensive. You have a good chance of winning your case if you go to trial despite what the media and the "Mothers" (MADD) say.
IF you want to increase your knowledge of your BAC log on here
8. Finally, the faster you get a lawyer the better. Once you are arrested, the police will take your cellphone from you so having a lawyers number in your phone will not help. Either memorize the number or put the number in your wallet or purse. (I advise my clients to tattoo it to their feet.)JOKE!! (kinda)
9. If you do not have a lawyer and are arrested in NYC (you know, Manhattan, Booklyn, Queens Bronx or Staten Island) or on Long Island
(Nassau or Suffolk Counties) or even anywhere else in the state of New York, you are welcome to call me at 516-741-3400 I am at 180 Froehlich Farm Blvd Woodbury NY 11797 and this paragraph is a legal Advertisement.
You can follow my daily tweets on Twitter by logging into www.twitter.com/thatlawyerdude (no spaces). If you don't know what I am talking about, Find out about twitter.
Nassau Police are targeting bars and restaurants in Nassau over the Thanksgiving Holiday season. They have increased patrols and are "sitting" on bars waiting for patrons to stop.
Attorneys in Nassau have told me, (and I have heard from prospective clients) that Nassau police are stopping cars as they leave these bars and restaurants frequented by students. After the stop, if they do not suspect a DWI they let the drivers go.
What is the probable cause for these other stops?? While it may be important to keep drunk drivers off the road, it should not be done at the cost of liberty for those that are not drunk. It is often said that DWI appears to be an exception to the US Constitution for police and prosecutors.
If you are stopped for at either a DWI Checkpoint or by a police officer "sitting" on a bar or restaurant whether you have been drinking or not, I tell my clients:
1. Be polite. Sit in your car and roll down your window. Allow the officer to speak and if asked be ready to produce your License and Registration quickly. Police take fumbling as a sign of intoxication.
2. If asked if you have been drinking, and if you have been drinking, ask if you are under arrest. If the answer is no, then ask if you may leave. If the answer is no then refuse to answer the "have you been drinking" question without first speaking to a lawyer. (Invoking your 6th amendment right to counsel.)Whatever you do, DO NOT SAY HOW MUCH YOU HAVE BEEN DRINKING. Remember it is not illegal to drink and drive (unless you are under 21 years old). It is however illegal to drink and drive drunk. DO not offer to give any amount of drinks. It will not help and always ALWAYS hurts.
3. If asked to get out of the vehicle to perform Standardized Field Sobriety Tests (SFST), again ask if you are under arrest. If the answer is no, then politely tell the officer you do not want to participate in those tests. If you are told that the officer is conducting an investigation, you should again tell the officer you do not wish to participate in these tests as a violation of your 5th amendment right to remain silent.
4. If you do take the SFST listen to the instructions carefully. An SFST is a series of tests. So even if you do well on one or two you can still "fail" the test. Also Remember: You will fail the test even if you do everything the officer said to do, if you do not do it exactly as he says to do it. REMEMBER, YOU ARE NOT ONLY BEING JUDGED ON WHAT YOU DO, BUT ON HOW YOU DO IT. THEY WILL FAIL YOU FOR THINGS THEY DO NOT TELL YOU ABOUT.
For example, they will fail you if you use your arms to steady yourself even though they do not tell you that. They will fail you if you do anything they do not tell you specifically that you can do. In other words, even though they seem to be testing your ability to do certain tasks, they are really testing your ability to do ONLY the task the way they want you to do it. Any change in the way they tell or show you to do the test will result in your failing the test.
5. If asked to follow a pen or pencil or light, refuse the test under your fifth amendment right. You are not required to provide evidence against yourself. You do not have to participate in the Horizontal Gaze Nystagmus (HGN)exam. It is not an accurate test. Do not take the test as there is no record of how you did on it except for the police officer's recollection. This is exceptionally unfair. Do not take this test.
6. If arrested or detained, you do not have a right to refuse the actual breath test. However, do not take a portable breath test. It is so notoriously inaccurate that it is not allowed as evidence at a trial. IT IS Allowed in during a pre-trial hearing or even a bail hearing. It is better to refuse the Portable test (which is a hand held device not connected to a bigger machine)and take the actual Intoxylizer or Breathylizer test.
7. If you are in a car accident and THINK you will fail the test, . I recommend to my clients that they DO NOT TAKE IT. Yes you will not have a license for 1 year, and yes you will not get a plea offer in Nassau or Suffolk, but, if you are in an accident you will not get an offer anyway and you have a better chance of winning at trial if you do not have a Blood Alcohol Content (B.A.C.) reading above the limit which is .08 If you have been drinking and are in an accident and do not want to have a criminal record, plan on going to trial. Yes it is costly, so is having a criminal record and so is being convicted of a driving arrest. Going to trial is in the long run less expensive. You have a good chance of winning your case if you go to trial despite what the media and the "Mothers" (MADD) say.
IF you want to increase your knowledge of your BAC log on here
8. Finally, the faster you get a lawyer the better. Once you are arrested, the police will take your cellphone from you so having a lawyers number in your phone will not help. Either memorize the number or put the number in your wallet or purse. (I advise my clients to tattoo it to their feet.)JOKE!! (kinda)
9. If you do not have a lawyer and are arrested in NYC (you know, Manhattan, Booklyn, Queens Bronx or Staten Island) or on Long Island
(Nassau or Suffolk Counties) or even anywhere else in the state of New York, you are welcome to call me at 516-741-3400 I am at 180 Froehlich Farm Blvd Woodbury NY 11797 and this paragraph is a legal Advertisement.
You can follow my daily tweets on Twitter by logging into www.twitter.com/thatlawyerdude (no spaces). If you don't know what I am talking about, Find out about twitter.
Interesting Stories From the Blogosphere week of November 11, 2008 Part I of IV. Technology and You (and Pres-elect Obama too!)
I read a lot of blogs and online newspapers every week. I love the Internet and find it a source of information and relaxation. I get most of my ideas for my blog from other writers as I do not often have the time to run the stories down myself.
Sometimes I come across posts that would make a nice mini post on my blog, but I am not willing to write a whole post about them. I'd rather comment and link. I save them up for the week and put them into my around the Blogosphere posts. Still, I like to have themes. So for the first time, I have broken them up so you can look at the stuff that interests you most and ignore the rest (at your peril).
1. Obama the YouTube President"
This first post then for the Week beginning on November 11, 2008 deals with our President-elect Barack Obama. He is not only our first part Afro-American President, but also very tech savvy. Presidents since FDR have been doing regular radio addresses. Most of us only get snippets from new shows because we can 1. never find the actual address when it is played and 2. What's a radio??.
Obama however has solved the problem by doing a weekly podcast.
The Blogosphere is agog with the use of the Internet by President Elect Obama. In its latest form. The President-Elect has started a weekly podcast. Here is an article concerning the podcast from WaPo and here is the actual podcast . Should be a very interesting Presidency for so many reasons.
HatTip:Laughingsquid.com
2. Speaking of Tech, Here is what the Internet has for the rest of us.
A. Since almost everyone who reads this blog voluntarily seems to have a better read blog than I do, I thought I'd help you all out. Here are 16 Essential PC Apps for Bloggers. No this is not about political correctness.
Hattip: ProBlogger
B.If you are on Twitter.com (and you probably ought to be) you will want to have friends follow you. Here are 10 suggestions on how to get a bigger following of "twitterati" from Alltop's Guy Kawasaki.
C. RSS is a useful tool for keeping track of things important to you. I use it for example to put all the blogs I want to track in one place. You just click the Rss box on top of the blog and add it to your reader (I use Google Reader) and viole` you have it all in one place. Here are 29 more uses for RSS.
Hattip: LouisGray.com Where you go if you want to stay ahead of the crowd, or the crowded Internet.
D. My final tidbit for this segment The Boys over at Gizmodo.com tell you about an I-Phone application that helps you figure out if you are too drunk to drive. I would tell you that it is an inacurrate calculation or rough calculation at best and if you are anywhere near danger (that is to say .o3 or less from an arrest situation) don't take the test. Yeah you will lose your license immediately for one year, but you can beat the case and save a small fortune. Not to mention how hard it is to get a job with a criminal conviction on your record...
Now onto the Legal part of our trip. Go to my next post.
Sometimes I come across posts that would make a nice mini post on my blog, but I am not willing to write a whole post about them. I'd rather comment and link. I save them up for the week and put them into my around the Blogosphere posts. Still, I like to have themes. So for the first time, I have broken them up so you can look at the stuff that interests you most and ignore the rest (at your peril).
1. Obama the YouTube President"
This first post then for the Week beginning on November 11, 2008 deals with our President-elect Barack Obama. He is not only our first part Afro-American President, but also very tech savvy. Presidents since FDR have been doing regular radio addresses. Most of us only get snippets from new shows because we can 1. never find the actual address when it is played and 2. What's a radio??.
Obama however has solved the problem by doing a weekly podcast.
The Blogosphere is agog with the use of the Internet by President Elect Obama. In its latest form. The President-Elect has started a weekly podcast. Here is an article concerning the podcast from WaPo and here is the actual podcast . Should be a very interesting Presidency for so many reasons.
HatTip:Laughingsquid.com
2. Speaking of Tech, Here is what the Internet has for the rest of us.
A. Since almost everyone who reads this blog voluntarily seems to have a better read blog than I do, I thought I'd help you all out. Here are 16 Essential PC Apps for Bloggers. No this is not about political correctness.
Hattip: ProBlogger
B.If you are on Twitter.com (and you probably ought to be) you will want to have friends follow you. Here are 10 suggestions on how to get a bigger following of "twitterati" from Alltop's Guy Kawasaki.
C. RSS is a useful tool for keeping track of things important to you. I use it for example to put all the blogs I want to track in one place. You just click the Rss box on top of the blog and add it to your reader (I use Google Reader) and viole` you have it all in one place. Here are 29 more uses for RSS.
Hattip: LouisGray.com Where you go if you want to stay ahead of the crowd, or the crowded Internet.
D. My final tidbit for this segment The Boys over at Gizmodo.com tell you about an I-Phone application that helps you figure out if you are too drunk to drive. I would tell you that it is an inacurrate calculation or rough calculation at best and if you are anywhere near danger (that is to say .o3 or less from an arrest situation) don't take the test. Yeah you will lose your license immediately for one year, but you can beat the case and save a small fortune. Not to mention how hard it is to get a job with a criminal conviction on your record...
Now onto the Legal part of our trip. Go to my next post.
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