Kinderhook DUI-DWI Lawyer, New York

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James W. Bendall

DUI-DWI, Personal Injury, Medical Malpractice, Accident & Injury
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James E. Tyner

Traffic, White Collar Crime, Felony, DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  22 Years

James P. Milstein

Criminal, DUI-DWI, Elder Law, Estate Planning
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Richard T. Cahill

Election & Political, DUI-DWI, Criminal, Animal Bite
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Adam Christopher Eggleston

DUI-DWI, Civil Rights
Status:  In Good Standing           Licensed:  12 Years

Alexander Louis Betke

Tax, Real Estate, Lawsuit, DUI-DWI
Status:  In Good Standing           

Andrew Robert Safranko

DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  26 Years

Brian D. Mercy

Traffic, DUI-DWI, Criminal, Consumer Rights, Discrimination
Status:  In Good Standing           Licensed:  24 Years

Christin Everly Paglen

Immigration, Medicare & Medicaid, Family Law, DUI-DWI
Status:  In Good Standing           Licensed:  16 Years

Cornelius J. O'Connor

Estate, DUI-DWI
Status:  In Good Standing           Licensed:  47 Years

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LEGAL TERMS

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

PLEA

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

SENTENCE

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by ... (more...)
Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by the trial judge; the jury chooses the sentence only in a capital case, when it must choose between life in prison without parole and death.

LARCENY

Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.

CRIMINAL CASE

A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.

SAMPLE LEGAL CASES

People v. Baltes

... In the interim, Jenkins completed the field sobriety tests on Barcomb and, determining Barcomb to be under the influence of alcohol, arrested him for driving while intoxicated (hereinafter DWI), at which point Barcomb stated that he was not the driver of the vehicle. ...

MATTER OF SCHERMERHORN v. Becker

... and GARRY, JJ., concur. Stein, J. Petitioner was arrested in the Village of Stamford, Delaware 844 County for driving while intoxicated (hereinafter DWI). According to the results of a breath test administered shortly thereafter, petitioner's blood alcohol content was .15%. ...

People v. Johnson

... and McCARTHY, JJ., concur. Stein, J. Defendant was arrested and subsequently indicted for driving 1189 while intoxicated (hereinafter DWI). In addition, a special information filed by the People accused defendant of having been previously convicted of DWI. ...