News
Utica College Professor Bernard Hyman Earns CFE Credential
The Association of Certified Fraud Examiners (ACFE), the world’s largest anti-fraud organization and leading provider of anti-fraud training and education, is pleased to award Bernard Leopold Hyman, Jr., J.D., C.F.E., Esq., of New Hartford, NY, the globally preferred Certified Fraud Examiner (CFE) credential. In order to become a CFE, Hyman has met a stringent set of criteria and passed a rigorous exam administered by the ACFE.
Am I eligible for a conditional license?
There are many factors which determine if you are eligible. I have made a worksheet for my clients so they can determine if they are eligible. The most common reasons why you would not be eligible are: 1) You have a prior DWI, DWAI, DWAI-Drugs or another 1192 violation within 5 years. 2) You have...
Should I blow or Refuse?
Depends. Prior to the change in the laws in 2007, I always said don’t blow. Now, most of the time I would say blow but it is case/fact specific. As an example, if you are involved in a personal injury accident or death case refuse everything. The police will apply for a warrant to get your blood...
Defending the Constitution
For the love of our constitution. In case you haven’t noticed some of the basic principles upon which our criminal justice system is based and protected by the constitution, have been under attack recently. The concept of innocent until proven guilty has been a mainstay of the American criminal...
Portable Breath Test (PBT) What if I refuse?
The Portable Breath Test or PBT is a machine that is used in the field to test for the presence of alcohol. Simply put, if the cop can smell the odor of a consumed alcohol beverage, the machine will register a positive reading on the PBT. This machine is also called the ALCOSENSOR. The statute...
CDL (Commercial Driver’s License) and DWI.
Under the current law, if you plead guilty or are found guilty of any DWI section, your CDL license will be revoked for 1 year even on a DWAI. Individuals must apply to DMV after the 1-year revocation. You DO NOT have to be using your CDL to have it revoked which most people believe. You can be in...
Can I be arrested for DWAI-Drugs when the Doctor prescribes me medication?
Yes. Anyone can be charged with DWAI-Drugs even if prescribed by your doctor. For DWAI-Drug purposes, a drug that can cause impairment is defined under the Public Health Laws Section 3306. Illegal drugs such as Meth, Cocaine, and similar drugs are found under that section. Also, drugs such as...
DRE – What is it?
DRE stands for Drug Recognition Evaluator. Prosecutors and police agencies will call law enforcement officers trained in DRE - Drug Recognition Experts. They are not experts. If you are stopped and asked to perform the Standardized Field Sobriety tests and fail, you will then be asked to take a...
Move Over Law. Do I have to?
Yes, but not always. Section 1144-a(a) of the Vehicle and Traffic Law requires an operator of a motor vehicle to move over left or right as far as practicable for an emergency vehicle parked or standing on the side of the road. This law pertains to limited access highways or parkways. This applies...
John Leonard offers training class to fellow attorneys.
April 2018 In April 2018 during a 3-hour presentation, John G. Leonard taught 30+ attorneys in the area the different aspects in defending a DWI case. John stressed the importance of the field sobriety tests, understanding the breath test machines, obtaining discovery, filing motions and having...