My client was issued multiple citations, one of which was for DWI. Upon surrendering his license and registration to law enforcement, he absconded. The DWI charge was filed without any completed intoxi...cation tests.
Through negotiations with the District Attorney, I successfully had the DWI charge covered by a different charge, enabling my client to retain his driver's license—a crucial outcome for him. However, this did entail pleading guilty to a separate misdemeanor charge.
Speeding and traffic ticket
Work Zone Camera Ticket
Mar 19, 2024
OUTCOME: Dismissed
I appeared in court with a client who had received a traffic ticket from a camera positioned in a construction zone on I-90. This system, authorized by the NYSDOT and NYSTA, imposes fines on registered... vehicle owners speeding in work zones on controlled-access highways.
The process involves radar detection of vehicles exceeding the speed limit, triggering the camera to capture images and record speed. These images, including the license plate, lead to the issuance of a Notice of Liability to the vehicle's owner.
Despite my client not being the driver at the time of the incident, the images obscuring the driver's identity with a white circle rendered this fact irrelevant. I submitted an appeal arguing lack of due process, highlighting the NYSDOT's role in ticketing, fining, and adjudicating appeals. Unfortunately, the appeal was denied, leading to a court date for further arguments.
Upon entering the courtroom, the judge displayed confusion regarding the case's proceedings. Asserting jurisdiction, the judge sought representation from the NYSDOT, which was absent. Consequently, the case was dismissed for failure to prosecute.
Gun Law
Firearm's Returned Early
Mar 14, 2024
OUTCOME: Firearms Returned Early
My client's mother contacted law enforcement regarding his mental health, leading to his unjust admission to the Behavioral Health Unit and the confiscation of his weapons under New York State's Red Fl...ag Laws.
He sought my assistance following a postponement of the initial hearing. Following negotiations with the opposing counsel and thorough review of the evidence, I secured a favorable outcome.
The temporary order was prolonged by one month, and the return of his long guns was expedited to three months instead of twelve.
Gun Law
Extreme Risk Protection Order Victory
Feb 08, 2024
OUTCOME: Firearms Returned
Under a nuanced provision of the Red Flag Laws, my client's firearms were confiscated by the New York State Police after his grandson was deemed a potential danger to himself or others.
In a hearing... at the Oneida County Supreme Court, I successfully advocated for the return of my client's long guns. The presiding Judge noted on the record that it was the inaugural instance in the county's history where firearms seized under the Red Flag laws were returned following a hearing.
The subsequent day, my client regained possession of eighteen long guns.
