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Handling Criminal Defense And Personal Injury Cases In The Bronx

Drunk driving defense calls into question blood test results

New York doles out hefty consequences for convictions of drunk driving charges. However, defending against such charges can in some instances result in a favorable outcome. Often, this means questioning much of the evidence brought against an individual, and the manner in which said evidence was collected.

Bronx residents are likely familiar with the story that has been covered extensively within the media, including on this blog, regarding a former detective that killed a Bronx grandmother in 2009 while he was allegedly driving under the influence of alcohol. The officer is currently standing trial against charges of vehicular homicide in this pedestrian accident.

The defense for the former detective is working hard to call into question several aspects of this case. The defendant's attorney is working to throw out the blood test that showed the defendant's BAC to be almost triple the legal limit nearly five hours after the accident took place. Reportedly, the defense is arguing that the defendant's blood sample was contaminated by another individual's sample through "contamination carryover," in the testing machine. Obviously, if the testing machine was not properly functioning, the results would not be accurate.

If a judge agrees with this argument, then that could mean that the results of the sample were skewed and the sample could be thrown out as evidence. Further, the defense is attempting to call into question the validity of the lone witness, due to apparently conflicting statements.

While the outcome of this case still remains to be seen, the impacts are already being felt within the Bronx. This officer refused to submit to a breath test; therefore it took several hours to obtain a warrant for a blood sample to determine the level of alcohol concentration in the blood. The police commissioner worked to prevent this type of scenario from recurring by expediting the process of securing a blood test warrant. While the outcome of this case remains to be seen, the defendant could face up to 25 years behind bars if convicted.

Source: The Riverdale Press, "Cop won't cop a plea, as trial continues," Kate Pastor, Oct. 24, 2012

  • Individuals facing similar charges may wish to obtain more information about defending against such charges. Our Bronx DWI/DUI defense page could prove a useful resource.

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Frequently Asked Questions Personal Injury In New York City

    • Q: I've been injured — now what? A: First, see an experienced doctor. Your injuries should be taken care of before you even consider making a claim against someone for causing them. Make sure you are receiving top-quality health care. Keep all information from medical visits — good records of your injury and your treatments are vital for your case if you decide to pursue legal action. Then, call us to schedule your free consultation.
    • How long can I wait before I file a claim for my personal injury? You should seek help with your claim immediately. Depending on the state you live in, most cases must be filed within four years of the accident, but the sooner you contact us, the sooner we can help you build a strong legal claim. If you've been denied Social Security or disability benefits, your appeal must be filed soon after you receive your denial notification. Call us for assistance and an assessment of your case.
    • I was in an accident without insurance. Can you help me? We would need to assess your case. Our assessment might lead us to conclude that the vehicle you were driving was at fault, or perhaps the road conditions were hazardous. We would also need to assess all of the claims against you as the alleged negligent driver. Call us today for your free assessment.
    • A giant commercial truck/semi hit me, and I was injured/my children were injured/other people in my car were injured. What can I do? Large trucking companies have teams of lawyers at the ready to help them minimize payment or avoid paying you for the damage their driver caused you. You need to call us to help you get what you deserve from the company for your injuries, pain and suffering, damage to your vehicle, and any injuries to people riding in your car. To protect your rights, an independent investigation must be executed as soon as possible.
    • If I get hurt on the job, what should I do? Tell your supervisor or someone in your human resources department immediately, and then get help with your injuries. It's imperative that you file a report about the accident with your employer, or you may be denied any disability or workers' compensation benefits for your injuries. Then, file your workers' compensation documents according to your company's guidelines. If you are turned down, give us a call to get your case assessed. We'll help you get the compensation you deserve for injuries on the job.
    • What should I do if I was injured on a construction site? You should take the same steps as anyone injured at any other job. File an injury report and file for workers' compensation benefits. If you are denied benefits or mistreated by your employer, contact our law firm immediately. Also, contact us immediately if your injury might have been caused by a party other than your employer such as a product manufacturer or another party on a construction site. You might have an underlying personal injury claim.
    • If medical treatment was unsuccessful or caused my condition to worsen, do I have a medical malpractice case? Not all instances of poor medical outcomes are medical malpractice. It is important to speak with an experienced attorney about your specific circumstances.
    • If injured in a police misconduct/brutality incident, what should be done? Get names of witnesses. Take photos of injuries. Get immediate professional medical attention. Contact our Bronx-based police brutality attorney today.
    • What actions should I NOT take when speaking with a police officer? Don't say, "I know my rights," "I'm going to file a complaint/sue" or "I pay your salary." Don't resist or fight if you're going to be arrested even if the cop is wrong, or he or she doesn't tell you why.
    • What should you do in the event of police misconduct/brutality? Note the date, time and location of the incident. Note — but do not ask for — the name, badge or car number of the officers involved. Note the physical description of the officers.
    • What should you do when confronted by a police officer? Stay calm and be courteous. Don't be rude or curse at the officer. Take off your headset or turn down your music. If asked, give your name and address. You don't have to answer any other questions. Tell the officer(s) that you would like to exercise your right to attorney representation.
    • Contact a civil rights attorney or group immediately. If criminally charged, don't speak until you've consulted a defense attorney. What steps should be taken after experiencing police misconduct/brutality?
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