People v. E.G.
Feb 26, 2024OUTCOME: Acquittal
Client charged with multiple sex offenses who was completely acquitted after jury trial.
Derek S Andrews's Legal Cases (9)
Newburgh, NY
DUI and DWI Lawyer at Newburgh, NY
Practice Areas: DUI & DWI, Criminal Defense
People v. R.C.
Feb 24, 2016OUTCOME: Guilty plea to DWAI
Our client was charged with Aggravated DWI following a traffic stop for failing to yield the right of way at a stop sign in Oneida County. She eventually registered a .20% on a preliminary breath test ... and a .18% on the chemical test at the station. The DA refused to offer anything that didn't result in a criminal record for an individual who had never before been in trouble. Following a hearing where we looked into the constitutionality of the traffic stop, the hiring of an expert witness to discuss the effects of GERD/acid reflux on the reliability of a chemical test result for BAC, the continued push for records regarding the chemical test, the DA eventually broke on the eve of trial and made an offer for our client to plead to DWAI in satisfaction of the charges. She happily accepted this offer and hasn't gone a day without the ability to drive for work.
People v. M.S.
Sep 14, 2015OUTCOME: Not guilty DWI, guilty DWAI
Client charged with DWI and traffic tickets following a head-on collision. After no worthwhile offer was made by the prosecutor, we elected to proceed to trial. Following a three-day jury trial, client ... was found not guilty of the misdemeanor DWI. She was found guilty of the traffic tickets and the DWAI traffic infraction. My client was saved a criminal record, a license revocation by the court, and the mandatory ignition interlock device.
People v. A.C.
Jun 11, 2015OUTCOME: Acquitted of all charges after jury trial
Client arrested for DWI following a checkpoint stop and refusal of all testing. Police charged VTL 1192(3) DWI--Common Law and 1194(1)(b) Refusal of Preliminary Breath Test. A jury trial was considered ... to be in his best interests following suppression hearings. Despite alleged observations of intoxication, jury acquitted client of all charges, including the lesser-included charge of VTL 1192(1) Driving While Ability Impaired, the violation.
People v. M.S.
Mar 05, 2015OUTCOME: Not guilty Felony DWI; guilty DWAI
Client was involved in a one-car accident that resulted in him flipping his car end over end on a snowy road during winter. After admissions to drinks to a police officer at the scene of the accident, ... he was arrested for Felony DWI. Following a three-day jury trial, he was acquitted of any criminal charges and received only a minor license suspension in the face of a potential lifetime revocation.
People v. D.S.
Jun 30, 2014OUTCOME: All charges adjourned in contemplation of dismissal
Through zealous advocacy of client in negotiation with District Attorney's Office and demonstration of the irrevocable harm a DWI or DWAI conviction would have on client's livelihood, District Attorney ... 's Office agreed to adjourn in contemplation of dismissal two counts of misdemeanor DWI and a traffic ticket.
People v. W.S.
Jun 01, 2014OUTCOME: DWAI
Client was arrested at gunpoint following a police pursuit, and he was eventually charged with DWI. Based on his prior history, if convicted of DWI he would have lost his license for approximately 10 y ... ears. By calling into question the reliability of the prosecution's evidence tied to intoxication, we were able to convince the prosecution to make an offer that was better than anything we could have expected after trial. This result saved my client his license and his livelihood.
People v. M.M.
Feb 03, 2014OUTCOME: Not guilty verdict on criminal DWI charge; guilty verdict on lesser-included DWAI charge
Client charged with VTL 1192(3) Driving While Intoxicated after two New York State Police troopers pulled client over for something other than erratic driving and believed they had probable cause to ar ... rest him for driving while intoxicated. Client refused chemical breath test at the station. This case was ultimately taken to trial because we felt that our client was not operating his vehicle in an intoxicated condition. We requested the Judge instruct the jury on the lesser-included offense of Driving While Ability Impaired, a traffic infraction.
People v. W.M.
Jan 17, 2014OUTCOME: Criminal DWI charge adjourned in contemplation of dismissal.
Client charged with VTL 1192(3) Driving While Intoxicated after driving wrong way down two different one-way streets. Client refused chemical breath test at the station. During my investigation I disco ... vered that this client is a US Army veteran who had suffered severe and lasting injuries, both physical and mental, that created an issue for the People's case with respect to probable cause. I advanced this position in my negotiations.
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