Benjamin J Lieberman
Benjamin J Lieberman, Criminal Defense Attorney - New York, NY
Posted about 2 years ago.

BTW in NY the right to attorney doesn't attach, for the most part, until charges are formally brought against you and you are brought to court. Basically no right to an attorney just because they wish to draw blood or take some other lawful test.

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Asker
Posted about 2 years ago.

I have several medical conditions for the last several years that I am being treated for by a few different doctors. One of them is a spinal injury for which I need surgery for. The medication I had with me was my ulcer medication and my anxiety medication. I did not have any pain medication on me at all. They never returned my medication to me. An this is the 2nd time in a year that this has happened to me. I was pulled over because the cop said that I did not signal when I left a parking lot. According to my attorney I was told that he had to have scanned my plate as there was another car that sped past me doing almost 80. An yet the cop chose to pull me over. I absolutly have a dr that wwill back me up. I have a notarized affidavit from my dr stating my medical condition an the medication that I am prescribed an it clearly states that as long as I am taking it as prescribed it would not impair my ability whatsoever. He also states that due to my spinal injury an my back and leg problems that there is no way that I could pass a field sobriety test. I also had a forensic evaluation done a few days after the arrest by a NY state certified OASIS person whose report came back extremely favorable and stating that it is his belief that I am a victim of a bad circumstance and that I do not have a substance abuse problem and that all my drug tests came back completely negative. He wrote a completely glowing and impressive report about me. AN you are incorrect about the attorney part ~ I quote from NYS law

A MOTORIST HAS A RIGHT TO SPEAK TO A LAWYER BEFORE SUBMITTING TO A BREATH TEST

The New York Court of Appeals in the case of People v. Gursey has held that a motorist has a qualified right to speak to a lawyer before submitting to a breath, urine or blood test. Failure to permit a motorist to attempt to contact an attorney, or failure to let a motorist consult with an attorney prior to him/her taking the test, will result in the suppression of a the results of a breath, urine, or blood test. However, the Nassau County Police Department, Suffolk Police Department, and New York State Troopers never inform the motorist of this valuable right, and in the past have ignored motorists’ attempts to contact a lawyer. I have done my research. Also I had a witness in the car with me which they failed to include on the police report and after I was arrested they told him to leave the scene and did not take any information from him or even check to see whether he was even intoxicated. Why would they indicate on the police report that I was alone when clearly that was not the case? The witness that was in the car with me gave me a written and notarized affidavit statement stating exactly what happened from the time we got into the car til the time I was taken into custody. They also went into my car and took my pocketbook out of my car and searched my property before I was given a field test or anything. This was done when I was just having a conversation with them. They also said that my movements were very fast and that I was speaking very quickly and kept asking me if I was smoking pot. There were also 8 cop cars that came to the scene and not one female officer was present either.

Lawrence A. Newman
Lawrence A. Newman, Criminal Defense Attorney - Ithaca, NY
Posted about 2 years ago.

That's why it's called a "qualified" right
It is not absolute, it permits some attempts to contact your attorney, not an unlimited amount of time or calls or that you have to speak with a lawyer before your test

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Asker
Posted about 2 years ago.

you said it permits some attempts. They didnt let me make any attempts at all. They took my cell phone and would not allow me to contact an attorney when I asked to do so. That was the point I was trying to make. An it was not properly stored either. It followed me around the hospital for almost 2 hours in a box before I was finally brought back to the precinct.

Benjamin J Lieberman
Benjamin J Lieberman, Criminal Defense Attorney - New York, NY
Posted about 2 years ago.

Whether or not you were permitted to contact an attorney won't make or break the case.

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Asker
Posted about 2 years ago.

The Point that I am trying to make is that my civil rights were violated several times... I asked for an attorney many many times and was told I have no right to an attorney. Which is not true. Everyone has the right to speak to an attorney and to make a phone call. AN my property was searched when I was just being questioned before any tests were even administered an before I was even arrested. They told the witness that was in the car to leave after I was taken into custody an indicated that I was alone in the car in the police report and almost everything in the police report itself was not even close to being accurate or true. When I was at the hospital and my father showed up the cop stated to him that the only reason I was pulled over was for failing to signal when I left the parking lot. In the report it says all these other things that never even happened. Even at the precinct the cop was telling me look its not like you were speeding or driving recklessly so theres nothing to worry about. There should be video and audio from that night right? An Being that I have a notarized statement affidavit from the person that was in the car with me if he moves out of the state will that present a problem down the road? An what about the fact that I have all of this medical documentation stating my medical conditions as well.