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Frequently asked questions
What are Standardized
Field Sobriety Tests (SFST's)?
Law enforcement personnel use a
variety of tests that are supposed help them determine if someone is
intoxicated or impaired by alcohol or drugs. Most commonly used are three
tests that the National Highway Traffic Safety Administration has approved as
having a scientific basis. These are the horizontal gaze nystagamus(HGN),
heel-to-toe walk and turn and the one leg stand test. The HGN
test is designed to test how smoothly a suspect's eyes can track from left to
right and back again. The other two tests provide some information as to
the ability of a suspect to perform activities which require divided
attention and also provide information on the the motor coordination of a
defendant. Different police agencies or officers may also use the
alphabet test.
Should I take or refuse
the SFST's?
Police officers use SFST's to
determine whether or not they have "probable cause" to arrest a suspect for DWI.
Many attorneys consider these tests to have been designed to generate "failure"
grades and do not accurately determine whether someone is or is not intoxicated.
Most attorneys recommend that people stopped for DWI should NOT take SFST's.
A refusal to take SFST's can result in a traffic ticket being written (in NYS).
What else can constitute
"probable cause" to arrest someone for DWI?
Officers will generally cite
things like "glassy eyes", "odor of alcohol", "poor motor coordination",
"slurred speech", etc., as probable cause to arrest if a suspect refuses to take
SFST's.
Is DWAI a misdemeanor?
No, DWAI is a violation,
not a misdemeanor or felony. Nonetheless, a conviction for the offense can
have very serious consequences. However, a similar
sounding offense, "DWAI-Drugs", is a misdemeanor and can be charged as a felony
for second time offenders.
Can I be convicted of DWAI-Drugs
for using marijuana and driving?
Yes, in theory you can.
However, the standard chemical test used by most police agencies to detect drug
use is a urine test. These tests do not show how much (if any) of a
controlled substance is in a persons blood at the time they provide a urine
sample. Instead, they only show how much by-product of metabolizing the
drug is present in the urine. This is an important difference, since the
by-products of metabolism can appear for days and sometime even weeks after drug
use (especially in the case of marijuana).
What is a "field breath
test" and how does it differ from a "chemical breath test"?
When a police officer is trying
to determine if he has probable cause to arrest a driver he will typically use
the SFST's (see above) and a hand held "breath test" device. The hand held
device can be used to help establish probable cause to arrest. But, the
device is not considered reliable enough to be used in evidence at a trial.
Instead, it is generally only used to show that there was some alcohol in
a driver's system. A chemical breath test device is a larger system that
is set up at a police station. It is designed to measure the amount of
alcohol vapor in a person's "deep lung breath". Based upon some complex
(and not always reliable) scientific assumption the alcohol vapor in a given
sample of breath is claimed to be similar to the amount of alcohol in the blood
of the person who gave the breath sample. DWI attorneys frequently
challenge the use and reliability of chemical breath tests. The underlying
science is questionable at best and for the results to have any evidentiary
value the test must be done according to a strict procedure and the operator
must have be certified by the NYS Department of Health to give the test.
What happens if a driver
refuses to take a "chemical breath test"?
Prior to administering a
chemical breath test the officer involved is required to advise the subject that
should he refuse to take the test the NYS Department of Motor Vehicles may
revoke his license for one year. The officer will typically ask the
subject twice if he is refusing to take the test and if he understands the
impact of such a refusal. If the driver persists in the refusal the
officer will note that in the arrest documents. When the driver first
appears in court the judge will suspend his license pending a "refusal hearing"
before a judge employed by NYS DMV. The hearing must take place
within a relatively short time after the initial court appearance.
What happens at a "refusal
hearing"?
At the hearing the officer
involved will testify and the subject of the hearing has a right to testify, but
cannot be forced to do so. The subject has a right to be represented by an
attorney, but a court will not appoint an attorney to represent him if he cannot
afford one. At the hearing three basic questions are addressed: 1) did the
officer have a reasonable cause to stop the subject's car; 2) did the officer
have probable cause to arrest the subject; 3) did the subject knowingly refuse
to take the chemical breath test? Each of these three points must be
proved by a majority of the evidence (legally known as the "burden of proof"
being a "preponderance of the evidence"). This is a much lower standard of
proof than is required at a trial to convict someone of a criminal offense.
If the judge finds that the officer met the standard of proof the one year
revocation is ordered. If the judge finds the standard of proof was not
met the driver's license is returned to him. A subject has a right to
appeal the decision of the judge (but, appeals are rarely won).
Hudson Valley Communities Served
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Orange County, NY
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Blooming Grove, Town of Blooming Grove, Bullville, Campbell
Hall, Central Valley, Town of Chester, Village of Chester, Chester, Town
of Cornwall, Cornwall on Hudson, Cornwall, Town of Crawford, Crawford, Village
of Florida,
Florida, Fort Montgomery, Town of Goshen, Village of Goshen, Goshen, Town of
Greenville, Greenville, Greenwood Lake, Town of Hamptonburgh, Hamptonburgh, Village of Harriman,
Harriman, Town of
Highlands, Highlands, Highland Falls, Highland Mills,
Village of Maybrook, Maybrook, City of Middletown, Middletown, Town of Minisink,
Minisink, Town of Monroe, Village of Monroe, Monroe, Town of Montgomery, Village of
Montgomery, Montgomery, Town of New Windsor, New Windsor,
City of Newburgh, Town of Newburgh, Newburgh, Otisville, Port
Jervis, City of Port Jervis, Salisbury Mills, Slate Hill, Town
of Tuxedo, Village of Tuxedo, Tuxedo Park, Tuxedo, Unionville, United
States Military Academy, Vails Gate, Walden, Town of Wallkill, Wallkill, Town of Warwick,
Village of Warwick,
Warwick, Washingtonville, Town of Wawayanda, Wawayanda, West Point,
Westtown, Town of Woodbury, Village of Woodbury, Woodbury.
Orange County, NY - Courts Served:
Blooming
Grove Town Court, Chester Town Court, Chester Village Court,lCornwall Town
Court, Crawford Town Court, Deerpark Town Court, Florida Village Court,
Goshen Town Court, Goshen Village Court, Greenville Town Court, Greenwood
Lake Village Court, Hamptonburgh Town Court, Harriman Village Court,
Highlands Town Court, Maybrook Village Court, Middletown City Court,
Minisink Town Court, Monroe Town Court, Monroe Village Court, Montgomery
Town Court, Montgomery Village Court, Mount Hope Town Court, New Windsor
Town Court, Newburgh City Court, Newburgh Town Court, Orange County Court,
Otisville Village Court, Port Jervis City Court, Tuxedo Town Court,
Unionville Village Court, Walden Village Court, Wallkill Town Court, Warwick
Town Court, Warwick Village Court, Washington Village Court, Wawayanda Town
Court, Woodbury Town Court.
(for Orange County
address/phone number directory,
click here).
Ulster County, NY
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Accord, Bearsville,
Big Indian, Bloomington, Boiceville, Cherrytown, Chichester, Clintondale,
Connelly, Cottekill, Cragsmoor, Eddyville, Ellenville, Esopus, Gardiner,
Glasco, Glenford, Grahamsville, Greenfield Park, High Falls, Highland,
Highmount, Hurley, Kerhonkson, Kingston, Krumville, Lake Hill, Lake Katrine,
Leibhardt, Lyonsville, Malden, Malden Hudson, Malden on Hudson, Marlboro,
Marlborough, Mettacahonts, Milton, Mldn on Hdsn, Modena, Mount Marion, Mount
Merion Park, Mount Tremper, Napanoch, New Paltz, Olive, Olivebridge,
Oliverea, Phoenicia, Pine Hill, Plattekill, Port Ewen, Rifton, Rosendale,
Ruby, Saint Remy, Samsonville, Saugerties, Shady, Shandaken, Shokan, Spring
Glen, Stone Ridge, Sundown, The Vly, Tillson, Ulster Park, Walker Valley,
Wallkill, Wawarsing, West Camp, West Hurley, West Park, West Saugerties,
West Shokan, Whitfield, Willow, Woodstock,
Town of
Denning,
Village of
Ellenville,
Town of
Esopus,
Town of Gardiner,
Town of
Hardenburgh,
Town of Hurley,
Town of Kingston,
Town of Lloyd,
Town of Marbletown, Town of
Marlborough,
Town of
New Paltz,
Town of Olive,
Town of Plattekill,
Town of
Rochester,
Town of
Rosendale,
Town of Saugerties, Town of
Shandaken,
Town of Shawangunk,
Town of Ulster,
Town of Warwarsing, Town of
Woodstock
Ulster County, NY - Courts Served:
Denning
Town Court, Ellenville Village Court, Esopus Town Court, Gardiner Town
Court, Hardenburgh Town Court, Hurley Town Court, Kingston City Court,
Kingston Town Court, Lloyd Town Court, Marbletown Town Court, Marlborough
Town Court, New Paltz Town Court, New Paltz Village Court, Olive Town Court,
Plattekill Town Court, Rochester Town Court, Rosendale Town Court,
Saugerties Town Court, Saugerties Village Court, Shandaken Town Court,
Shawangunk Town Court, Ulster County Court, Ulster Town Court, Villain
Village Court, Wawarsing Town Court, Woodstock Town Court.
(for Ulster County
address/phone number directory,
click here).
Sullivan County, NY
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Barryville, Bethel,
Bloomingburg, Burlingham, Callicoon, Callicoon Center, Claryville, Cochecton,
Cochecton Center, Eldred, Fallsburg, Ferndale, Forestburg, Forestburgh,
Fremont, Fremont Center, Glen Spey, Glen Wild, Grahamsville, Hankins,
Harris, Highland Lake, Hortonville, Hurleyville, Jeffersonville, Kauneonga
Lake, Kenoza Lake, Kiamesha Lake, Lake Huntington, Lew Beach, Liberty,
Livingston Manor, Loch Sheldrake, Long Eddy, Mongaup Valley, Monticello,
Mountain Dale, Mountaindale, Narrowsburg, Neversink, North Branch, Obernburg,
Parksville, Phillipsport, Pond Eddy, Port Jervis, Rock Hill, Roscoe,
Smallwood, South Fallsburg, Summitville, Swan Lake, Thompsonville,
Westbrookville, White Lake, White Sulphur Springs, Woodbourne, Woodridge,
Wurtsboro, Youngsville, Yulan, Town of Bethel, Town of Callicoon, Town of
Cochecton, Town of Delaware, Town of Fallsburgh, Town of Freemont, Town of
Highland, Town of Liberty, Town of Lumberland, Town of Mamakating, Town of
Rockland, Town of Neversink, Town of Thompson, Town of Tusten.
Sullivan County, NY - Courts Served:
Bethel
Town Court, Bloomingburg Village Court, Callicoon Town Court, Cochecton Town
Court, Delaware Town Court, Fallsburg Town Court, Forestburgh Town Court,
Fremont Town Court, Highland Town Court, Liberty Town Court, Liberty Village
Court, Lumberland Town Court, Mamakating Town Court, Monticello Village
Court, Neversink Town Court, Rockland Town Court, Sullivan County Court,
Thompson Town Court, Tusten Town Court, Woodridge Village Court.
(for Sullivan County
address/phone number directory,
click here).
Putnam County, NY
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Adams Corners,
Brewster, Carmel, Cold Spring, Crofts Corners, Garrison, Kent Cliffs, Lake
Carmel, Lake Lincolndale, Lake Mahopac, Lake Peekskill, Lake Secor, Mahopac,
Mahopac Falls, Manitou, Nelsonville, North Highland, Oscawana Lake,
Patterson, Philipstown, Putnam Valley, Sears Corners, Southeast, Tompkins
Corners, Town of Kent Lakes, Town of Southeast, Town of Patterson, Town of
Philipstown, Town of Carmel, Town of Putnam Lakes.
Putnam County, NY - Courts Served:
Brewster
Village Court, Carmel Town Court, Cold Spring Village Court, Kent Town
Court, Nelsonville Village Court, Patterson Town Court, Philipstown Town
Court, Putnam County Court, Putnam Valley Town Court, Southeast Town Court.
(for Putnam County
address/phone number directory,
click here).
Dutchess County, NY
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Amenia,
Arlington,
Beacon,
City of Beacon,
Beekman,
Brinckerhoff,
Clinton,
Crown Heights,
Dover Plains,
Dover,
East Fishkill,
Fairview,
Fishkill,
Fishkill,
Haviland,
Hillside Lake,
Hopewell Junction,
Hyde Park,
La Grange,
Milan,
Millbrook,
Millerton,
Myers Corner,
North East,
Pawling,
Pawling,
Pine Plains,
Pleasant Valley,
Poughkeepsie,
Red Hook,
Red Hook,
Red Oaks Mill,
Rhinebeck,
Rhinebeck,
Spackenkill,
Staatsburg,
Stanford,
Tivoli,
Union Vale,
Wappinger,
Wappingers Falls,
Washington,
Town of Amenia,
Town of Beekman, Town of
Clinton, Town of
Dover, Town of
East Fishkill,
Town of
Fishkill,
Village of
Fishkill,
Town of
Hyde Park,
Town of
LaGrange,
Town of
Milan,
Town of
Millbrook,
Town of
North
East,
Town of
Pawling,
Village of
Pawling,
Town of
Pine PLains,
Town of
Pleasant Valley,
Town of
Poughkeepsie,
City of Poughkeepsie, Town of
Red Hook,
Village Red Hook,
Town of
RhineBeck,
Village of
Rhinebeck, Town of
Stanford,
Village of
Tivoli,
Village of
Union Vale,
Town of
Wappinger,
Willage of
Wappingers Falls,
Town of
Washington.
Dutchess County, NY - Courts Served:
Amenia
Town Court, Beacon City Court, Beekman Town Court, Clinton Town Court, Dover
Town Court, Dutchess County Court, East Fishkill Town Court, Fishkill Town
Court, Fishkill Village Court, Hyde Park Town Court, LaGrange Town Court,
Milan Town Court, Millbrook Village Court, Millerton Village Court, North
East Town Court, Pawling Town Court, Pawling Village Court, Pine Plains Town
Court, Pleasant Valley Town Court, Poughkeepsie City Court, Poughkeepsie
Town Court, Red Hook Town Court, Red Hook Village Court, Rhinebeck Town
Court, Rhinebeck Village Court, Stanford Town Court, Tivoli Village Court,
Union Vale Town Court, Wappinger Town Court, Wappingers Falls Village Court,
Washington Town Court.
(for Dutchess County
address/phone number directory,
click here).
Rockland County, NY
-
Town of Clarkstown, Town
of Haverstraw, Town of Orangetown, Town of Ramapo, Town of Stony Point,
Upper Nyack, Nyack, Pomona, Haverstraw, West Haverstraw, Grand View,
Piermont, South Nyack, Airmont, Chestnut Ridge, Hillburn, Kaser, New
Hempstead, New Square, Montibello, Sloatsburg, Spring Valley, Suffern,
Wesley Hills.
Rockland County, NY - Courts Served:
Airmont
Village Court, Chestnut Ridge Village Court, Clarkstown Town Court, Grand
View-On-Hudson Village Court, Haverstraw Town Court, Haverstraw Village
Court, Hillburn Village Court, New Square Village Court, Nyack Village
Court, Orangetown Town Court, Piermont Village Court, Ramapo Town Court,
Rockland County Court, Rockland County Supreme Court - Criminal Term,
Sloatsburg Village Court, South Nyack Village Court, Spring Valley Village
Court, Stony Point Town Court, Suffern Village Court, Upper Nyack Village
Court, Wesley Hills Village Court, West Haverstraw Village Court.
(for Rockland County
address/phone number directory,
click here).
Westchester County, NY
-
Village
of Ardsley, Town of Bedford, Town of Briarcliff, Village of Bronxville,
Village of Buchanan, Town of Courtlandt, Town of Croton-On-Hudson, Village
of Dobbs Ferry, Town of Eastchester, Village of Elmsford, Town of Greenburgh,
Town of Harrison, Village of Hastings-on-Hudson, Village of Irvington,
Village of Larchmont Village, Town of Lewisboro, Town of Mamaroneck, Village
of Mamaroneck, Mount Kisco, Town of Mount Pleasant, City of Mount Vernon,
Town of New Castle, City of New Rochelle, Town of North Castle, Town of
North Salem, Town of Ossining, Village of Ossining, City of Peekskill, Town
of Pelham, Village of Pleasantville, Village of Port Chester, Town of Pound
Ridge, City of Rye, Town of Rye, Village of Scarsdale Village, Village of
Sleepy Hollow, Town of Somers, Village of Tarrytown, Village of Tuckahoe,
County of Westchester, City of White Plains, City of Yonkers, Town of
Yorktown
Westchester County, NY - Courts Served:
Ardsley
Village Court, Bedford Town Court, Briarcliff Manor Town Court, Bronxville
Village Court, Buchanan Village Court, Cortlandt Town Court,
Croton-On-Hudson Town Court, Dobbs Ferry Village Court, Eastchester Town
Court, Elmsford Village Court, Greenburgh Town Court, Harrison Town Court,
Hastings-on-Hudson Village Court, Irvington Village Court, Larchmont Village
Court, Lewisboro Town Court, Mamaroneck Town Court, Mamaroneck Village
Court, Mount Kisco Justice Court, Mount Pleasant Town Court, Mount Vernon
City Court, New Castle Town Court, New Rochelle City Court, North Castle
Town Court, North Salem Town Court, Ossining Town Court, Ossining Village
Court, Peekskill City Court, Pelham Town Court, Pleasantville Village Court,
Port Chester Village Court, Pound Ridge Town Court, Rye City Court, Rye Town
Court, Scarsdale Village Court, Sleepy Hollow Village Court, Somers Town
Court, Tarrytown Village Court, Tuckahoe Village Court, Westchester County
Court, White Plains City Court, Yonkers City Court, Yorktown Town Court.
(for Westchester
County address/phone number directory,
click here).
Columbia County, NY
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Ancram
Town Court, Austerlitz Town Court, Canaan Town Court, Chatham Town Court,
Chatham Village Court, Claverack Town Court, Clermont Town Court, Columbia
County Court, Copake Town Court, Gallatin Town Court, Germantown Town Court,
Ghent Town Court, Greenport Town Court, Hillsdale Town Court, Hudson City
Court, Kinderhook Town Court, Kinderhook Village Court, Livingston Town
Court, New Lebanon Town Court, Philmont Village Court, Stockport Town Court,
Stuyvesant Town Court, Taghkanic Town Court, Valatie Village Court.
Greene County, NY
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Ashland
Town Court, Athens Town Court, Athens Village Court, Cairo Town Court,
Catskill Town Court, Catskill Village Court, Coxsackie Town Court, Durham
Town Court, Greene County Court, Greenville Town Court, Halcott Town Court,
Hunter Town Court, Jewett Town Court, Lexington Town Court, New Baltimore
Town Court, Prattsville Town Court, Tannersville Village Court, Windham Town
Court. (for
Westchester County address/phone number directory,
click here).
Highways With
High Intensity NYS State Police Activity
NYS
Thruway, I-87, I-84, Route 17, Taconic
Parkway, Palisades Parkway, Route 209,
Route 28, Route 6.
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