Author Archives: Site Administrator
New York’s “One Punch” Rule
Criminal law often requires only that you intended to commit the criminal act, not that you intended a particular result. If a defendant intentionally shoots someone with a gun who gets killed in the process, the defendant can be charged with killing that person even if they only intended to scare or minimally harm… Read More »
Penalties for Driving While Intoxicated in New York
New York law prohibits driving while intoxicated. Intoxication can result from impairment by alcohol, drugs, or a combination of drugs and alcohol. Impairment can be caused both by legal prescription or over-the-counter drugs as well as by illegal narcotics. Driving while impaired can lead to several penalties, including fines, driver’s license suspension or revocation,… Read More »
Recent Changes to New York’s Gun Laws
New York is not the most gun-friendly state. Possession of a loaded handgun outside of the home or a concealed weapon requires a license, and the state does not recognize licenses issued from other states. The state has made efforts to ensure that obtaining a handgun permit is challenging, and a laundry list of… Read More »
What Constitutes Driving While “Impaired” Under New York’s Vehicle & Traffic Law?
New York’s Vehicle & Traffic Law (VTL) makes it unlawful to drive while under the influence of drugs or alcohol. The law specifically refers to “driving while intoxicated” by alcohol, “driving while ability impaired” by alcohol, “driving while ability impaired” by drugs, and “driving while ability impaired” by a combination of drugs and alcohol…. Read More »
New York’s New Grieving Families Act Allows Greater Wrongful Death Restitution
Losing a family member is difficult under the best of circumstances. When that loss occurs suddenly and unexpectedly because of the negligent conduct of some other party, it can be downright devastating. The New York legislature recently enacted a law that reflects the emotional hardship suffered by the families of car accident victims, medical… Read More »
What is Enterprise Corruption (PC 460.20)?
“Enterprise corruption” is a powerful tool for New York prosecutors. Enterprise corruption is a serious criminal charge in its own right, but it also allows prosecutors to charge a group of people together and impose more serious charges on a lesser member of an alleged criminal organization. Enterprise corruption charges are typically brought in… Read More »
Understanding the Law: Tampering With Physical Evidence NY PC 215.40
We’ve seen it happen on TV countless times: The police kick down the door to a drug-dealing operation and the culprits immediately start flushing the drugs down the toilet. Or the perpetrators of a white-collar crime desperately shred documents before the FBI shows up. Destroying evidence that may be used to incriminate you might… Read More »
What if the Police Refuse Request for Attorney After DWI Arrest
The United States Constitution guarantees citizens the right to due process under the law. Among other things, the Constitution guarantees defendants who have been arrested for a crime the right to be informed of certain constitutional rights. Law enforcement, in turn, must respect those rights. One of the quintessential rights in our democracy is… Read More »
Dupée & Monroe Wins at Trial, Client’s DWI Charges Dismissed
There’s little more satisfying than seeing justice truly be served. Recently, the criminal defense law firm Dupée & Monroe was able to help a valued client achieve just that. Our client was charged with Driving While Intoxicated (DWI), a serious criminal offense. Defense attorney James E. Monroe successfully proved to the court at trial… Read More »
Consequences of Using Your Cell Phone While Driving in NY
With the ubiquitous rise of cell phones (and now smartphones) has come a significant increase in distracted driving. Many drivers text, email, browse the internet, view and comment on social media, and otherwise engage with their phones while behind the wheel. Texting or otherwise using a cell phone while driving is unlawful and dangerous…. Read More »