For a decade and a half Wisner & Wisner LLP has represented the citizen accused of alcohol influenced operating offenses.  The following are recent results of our law firm.  The results are some evidence of our ability to fight for your driving privileges.  All records are kept on file at W&W.  Names are removed to protect client confidentiality. 

 
 
 
 

 

Fighting

for your

driving privileges ®

 

 
 

The following is an advertisement for the law firm of Wisner & Wisner, LLP.  Prior results do not predict future outcomes.  Each case is assessed based upon individual facts.  As such, the results are not representative of our efforts in every case.  See disclaimer at the bottom of this page. 

 
 

 

Updated: April 6, 2007

People vs. H.S.

Client was stopped at a sobriety checkpoint.  Client charged with DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .13% as determined by a BAC Datamaster.  Verdict: client found not guilty of all criminal charges.  Followng a trial the client was found not guilty of Driving While Intoxicated, and not guilty of Driving While Intoxicated per se but was found guilty of Driving While Ability Impaired by alcohol.  No jail.  No probation.

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People vs. T.V.

Client charged with the traffic infraction of turning without a signal, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .10% as determined by a BAC Datamaster.  Result: client found not guilty of all criminal charges.  Client was guilty of Driving While Ability Impaired but not guilty of Driving While Intoxicated, not guilty of Driving While Intoxicated per se.  No jail.  No probation.

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Updated: February 13, 2007

People vs. J.H.

Client charged with failure to keep right, uninspected motor vehicle, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .19% as determined by a BAC Datamaster.  Client was arrested prior to the ADWI statute.  On defendant's motion the court dismissed the charges of DWI and DWI per se (driving with .08% or more blood alcohol concentration).   Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of Driving While Intoxicated per se, not guilty Driving While Ability Impaired, not guilty of failure to keep right, not guilty of uninspected motor vehicle.  No license suspension. No jail.  No probation.

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People vs. M.D.

Client charged with DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .12% as determined by a BAC Datamaster after having been stopped at a sobriety checkpoint.  Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of Driving While Intoxicated per se.  Client found guilty of driving while ability impaired. No jail.  No probation.

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People vs. R.B.

Client charged with speeding, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .11% as determined by a BAC Datamaster, and the crime of Aggravated Unlicenced Operation 3rd.  Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of Driving While Intoxicated per se, not guilty of Aggravated Unlicenced Operation 3rd.  Client found guilty of driving while ability impaired and speeding. No jail.  No probation.

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People vs. R.S.

Client charged with traveling in a no passing zone, not wearing a seat belt, unlicenced operator, and the crime of aggravated unlicenced operator in the second degree.  Result: client entered a plea to unlicenced operator.  Charges of traveling in a no passing zone, not wearing a seat belt and aggravated unlicenced operator second degree were dismissed.  Fine.  License restored.

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People vs. J.Y.

Client charged with the traffic infraction of stopping/standing on pavement and the three misdemeanor charges of Aggravated Unlice

nced Operator 3rd, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .10% as determined by a BAC Datamaster.  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of Driving While Intoxicated per se, not guilty Aggravated Unlicenced Operator 3rd, not guilty of stopping/standing on pavement.  Client was found guilty of driving while ability impaired by alcohol.  No jail.  No probation.

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Updated: February 6, 2007

People vs. D.L.

Client charged with DWI (Driving While Intoxicated) and refusal to submit to a breath testing device.  On defendant's motion the misdemeanor charges were dismissed.   Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated.  At the Department of Motor Vehicles Safety Hearing it was determined that there was no refusal to submit to a compulsory chemical test in violation of sec. 1194(3).  No license suspension. No jail.  No probation.  No fines.  No driver responsibility assessment.

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Updated: January 15, 2007

People vs. C.W.

Client charged with failure to dim headlights, speeding, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .12% as determined by a BAC Datamaster.  On defendant's motion the court dismissed the charges of failure to dim headlights and DWI per se (driving with .08% or more blood alcohol concentration).   Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of Driving While Intoxicated per se, not guilty Driving While Ability Impaired, not guilty of failure to dim headlights.  Client was found guilty of speeding and was required to pay a fine.  No license suspension. No jail.  No probation.

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People vs. B.K.

Client charged with failure to maintain lane, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .15% as determined by a BAC Datamaster.  Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of driving while intoxicated per se, but guilty of failure to maintain lane and driving while ability impaired.  License suspended ninety days.  No jail.  No probation.

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People vs. R.R.

Client involved in a motor vehicle accident and charged with DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .10% as determined by a BAC Datamaster.  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of driving while intoxicated per se, but guilty of while ability impaired.  License suspended ninety days.  No jail.  No probation.

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People vs. S.B.

Client charged with failure to wear a seatbelf, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit) with a BAC of .12% as determined by a BAC Datamaster.  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of driving while intoxicated per se, not guilty of failure to wear a seatbelt, but guilty of while ability impaired.  License suspended ninety days.  No jail.  No probation.

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People vs. V.D.

Client charged with failure to signal, failure to maintain lane, DWI (Driving While Intoxicated), and DWI per se (driving with a blood alcohol concentration above the legal limit).  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of driving while intoxicated per se, not guilty of failure to maintain lane, not guilty of failure to signal, but guilty of driving while ability impaired.  License suspended ninety days.  No jail.  No probation.

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Updated: December 14, 2006

People vs. D.L.

Client charged with DWI (Driving While Intoxicated) and failure to notify DMV of address change.  On defendant's motion all charges were dismissed.  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of failure to notify DMV of address change.  Driving privileges restored.

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People vs. K.A.

Client charged with unsafe starting, unregistered motor vehicle, improper/no signal, refusal to take breath test, DWI (Driving While Intoxicated).  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of unregistered motor vehicle, and not guilty of refusal to take breath test.  Client was found guilty of unsafe starting, improper/no signal, and driving while ability impaired.  License suspended ninety days.  No jail.  No probation.

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Updated: December 4, 2006

People vs. C.M.

Client charged with speeding, defective muffler and DWI (Driving While Intoxicated).  Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated.  License suspended ninety days.  No jail.  No probation.

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People vs. R.C.

Client charged with failure to wear a seatbelt and E Felony DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se as a E Felony with a blood alcohol concentration alleged to be .11% as determined by the BAC Datamaster.  Client faced possible five years probation and up to three years state prison. Result: client was not incarcerated and was not placed on probation.  Client was required to pay a fine and maintained conditional work related driving privileges.  

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People vs. A.W.

Client charged with speeding, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .11% as determined by the BAC Datamaster.  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se having a BAC above .08% and speeding but was found guilty of the violation of driving while ability impaired.  License suspended ninety days.  No jail.  No probation.

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People vs. G.C.

Client charged with speeding, DWI (Driving While Intoxicated) as a D felony and DWI (Driving Whilte Intoxicated) per se as a D Felony with a blood alcohol concentration alleged to be .13% as determined by the BAC Datamaster.  Client also charged with a separate case of having no license plate lamp and DWI (Driving While Intoxicated) as a D felony.  Client faced three separate felony counts each with 3 1/2 to 7 years incarceration.  Result: client sentenced to license revocation and probation. 

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People vs. J.S.

Client charged with failure to maintain lane, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .14% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se having a BAC above .08% but was found guilty of the violation of driving while ability impaired and failure to maintain lane.  License suspended ninety days.

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People vs. D.C.

Client charged with speeding, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .14% as determined by the BAC Datamaster.  Client was a private pilot who risked loss of a job and a career because of the DWI arrest.  Result: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se having a BAC above .08%.  Pilot's license not revoked; job not lost.

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People vs. K.Y.

Client charged with speeding, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .13% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of all criminal charges.  A trial motion was granted suppressing the alleged BAC Datamaster breath test of .13% from being introduced into evidence and the DWI per se charge was dismissed.  Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se having a BAC above .08% but was found guilty of the violation of driving while ability impaired.

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People vs. R.B.

Client charged with uninspected motor vehicle and DWI (Driving While Intoxicated).  Trial Verdict: client found not guilty of all criminal charges.  Client was found not guilty of Driving While Intoxicated but was found guilty of the violation of driving while ability impaired. License suspended ninety days.

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Updated: September 12, 2006

People vs. R.D.

Client charged with speeding, unlicensed operation, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .11% as determined by a BAC Datamaster.  Trial Verdict: all criminal charges dismissed.  On defense trial motion the alleged blood draw of .11% was precluded from being introduced into evidence and a trial order of dismissal of the DWI per se charge was granted.  Client was convicted of speeding.  License restored.

People vs. D.R.

Client charged with driving without a seat belt, unlawful possession of marijuana, aggravated unlicensed operation as a misdemeanor and DWI (Driving While Intoxicated) and DWAI Drugs (Driving Whilte Ability Impaired by Drugs).  Result: client convicted of violation.  Client was convicted of driving while ability imparied by alcohol and standing on highway.   License suspended but not revoked.

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Updated: August 30, 2006

People vs. R.S.

Client charged with moving from lane unsafely, improper no signal, uninspected motor vehicle, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .13% as determined by a New York State Trooper Draeger Alcotest 7110 MKIII.  Trial Verdict: all criminal charges dismissed.  On defense trial motion the alleged blood draw of .13% was precluded from being introduced into evidence and a trial order of dismissal of the DWI per se charge was granted.  Client was convicted of uninspected motor vehicle and improper signal but was found not guilty of moving from lane unsafely, Driving While Intoxicated and DWI per se with a blood alcohol concentration of .13%.  License restored.

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People vs. P.W.

Client charged with failure to maintain lane, speeding, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .14% as determined by a hospital blood draw.  Motion decision: all criminal charges dismissed.  On defense trial motion the alleged blood draw of .14% was precluded from being introduced into evidence and the DWI charges were dismissed.  License restored.

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People vs. A.Q.

Client charged with moving from lane unsafely, having a cracked windshield, unlicenced operator, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .18% as determined by the BAC Datamaster.  Result: client found not guilty of all criminal charges.  On defense trial motion the alleged BAC Datamaster breath test of .18% was precluded from being introduced into evidence and the DWI per se charge was dismissed.  Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se having a BAC above .08% but was found guilty of the violation of driving while ability impaired.

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Updated: July 24, 2006

People vs. K.B.

Client charged with failure to maintain lane, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .19% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of all criminal charges.  On defense trial motion the alleged BAC Datamaster breath test of .22% was precluded from being introduced into evidence and the DWI per se charge was dismissed.  Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se having a BAC above .08% but was found guilty of failure to maintain lane and the violation of driving while ability impaired.

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People vs. R.H.

Client charged with DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .16% as determined by the BAC Datamaster.  Client was stopped at a road side sobriety checkpoint.  Trial Verdict: client found not guilty of all criminal charges.  On defense trial motion the alleged BAC Datamaster breath test of .16% was precluded from being introduced into evidence and the DWI per se charge was dismissed.  Client was also found not guilty of Driving While Intoxicated.  License restored.

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People vs. D.V.

Client charged with illegal tires, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .22% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of all criminal charges.  On defense trial motion the alleged BAC Datamaster breath test of .22% was precluded from being introduced into evidence and the DWI per se charge was dismissed.  Client was found not guilty of Driving While Intoxicated and not guilty of having a BAC above .08% but was found guilty of the violation of driving while ability impaired and illegal tires.

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People vs. D.C.

Client charged with failure to maintain lane, uninspected motor vehicle, speed not reasonable, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se based upon an alleged hospital blood draw with a blood alcohol concentration alleged to be .14%.  The alleged blood draw result was precluded on defense motion and the DWI per se of .14% was dismissed.   Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08%; not guilty of failure to maintain lane, not guilty of uninspected motor vehicle, and not guilty of unreasonable speed.  Defendant was was found guilty of the violation of driving while ability impaired.

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People vs. A.S.

Client charged with failure to signal a turn, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .14% as determined by the BAC Datamaster in Erie County.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but was found guilty of the violation of driving while ability impaired and failure to signal a turn.

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People vs. L.V.

Client charged with DWI (Driving While Intoxicated), Stopping on the pavement, and unregistered motor vehicle.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of stopping on pavement, not guilty of unregistered motor vehicle but found guilty of the violation of driving while ability impaired.

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Updated: April 28, 2006

People vs. H.A.

Client charged with DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .13% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. P.V.

Client charged with DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .12% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. R.D.

Client charged with unreasonable speed/special hazards, operating in violation of restrictions, failure to signal, misdemeanor DWI (Driving While Intoxicated) and DWI per se with a blood alcohol concentration alleged to be .11%.  On Defendant's motion: all charges were dismissed.  Client was found not guilty of unreasonable speed, operating in violation of restrictions, not guilty of Driving While Intoxicated; and not guilty of having a BAC above .08%.  License restored.

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People vs. G.S.

Client charged with operating out of class, failure to signal, misdemeanor DWI (Driving While Intoxicated) and DWI per se with a blood alcohol concentration alleged to be .12%.  On Defendant's motion: all charges were dismissed.  Client was found not guilty of operating out of class, not guilty of failure to signal, not guilty of Driving While Intoxicated; not guilty of having a BAC above .08%.  License restored.

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People vs. L.V.

Client charged with DWI (Driving While Intoxicated), stopping on pavement and unregistered Motor Vehicle and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .12% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. S.K.

Client charged with speeding 70 mph in a 55 mph zone, DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .12% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. P.F.

Client charged with DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .11% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. J.E.

Client charged with speeding; failure to use turn signal; DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .13% as determined by the BAC Datamaster.  Breath test results were suppressed prior to trial.  Trial Verdict: client found not guilty of criminal charges.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired, the speeding and failure to use turn signal.

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People vs. A.W.

Client charged with the crime of Aggravated Unlicensed Operation 3rd; DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .12% as determined by the BAC Datamaster.  Trial Verdict: client found not guilty of all three criminal charges.  Client was found not guilty of Aggravated Unlicensed Operation; Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. N.P.

Client charged with DWI (Driving While Intoxicated) and DWI (Driving Whilte Intoxicated) per se with a blood alcohol concentration alleged to be .15% as determined by the BAC Datamaster.  DWI per se charge was dismissed on motion prior to trial.  Trial Verdict: client found not guilty of the remaining criminal charge.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and but found guilty of the violation of driving while ability impaired.

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People vs. N.H.

Client charged with failure to maintin lane, misdemeanor DWI (Driving While Intoxicated) and misdemeanor DWI per se with a blood alcohol concentration alleged to be .16% as determined by the BAC Datamaster.  Trial Verdict: all charges were dismissed.  Client was found not guilty of Driving While Intoxicated; not guilty of having a BAC above .08% and not guilty of failure to maintain lane.  License restored.

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People vs. A.R.

Client stopped at a sobriety checkpoint and charged with , failure to change address on registration, failure to notify DMV of address change, refusal of breath screening device, misdemeanor DWI (Driving While Intoxicated), and DWI per se with a blood alcohol concentration alleged to be .14% as determined by the BAC Datamaster.  At trial the breath test was suppressed.   Trial Verdict: client found not guilty of all of top charges.  Client was found not guilty of the crime of Driving While Intoxicated; not guilty of the crime of Driving While Intoxicated per se, not guilty of failure to change address on registration, not guilty of failure to notify DMV of address change, not guilty of refusal of breath screening device but guilty of the violation driving while ability impaired.  

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People vs. M.G.

Client stopped at a sobriety checkpoint and charged with misdemeanor DWI (Driving While Intoxicated), and DWI per se with a blood alcohol concentration alleged to be .14%.  Trial Verdict: client found not guilty of all of top charges.  Client was found not guilty of the crime of Driving While Intoxicated; not guilty of the crime of Driving While Intoxicated per se but guilty of the violation driving while ability impaired.  

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People vs. D.E.

Client charged with DWI (Driving While Intoxicated), DWI per se, with a BAC (blood alcohol content) of..12% as determined by NPAS BAC Datamaster.™  Local Court. Result: Not guilty of all top charges.  Not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, not guilty of failure to yield the right of way.  Client found guilty of DWAI (driving while ability impaired). 

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People vs. J.L.

Client charged with failure to signal, misdemeanor DWI (Driving While Intoxicated) and DWI per se with a blood alcohol concentration alleged to be .11%.  Local Court.  Result following suppression hearing: all charges were dismissed.  Client was found not guilty of Driving While Intoxicated; not guilty of failure to stop at a stop sign.  License restored.

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People vs. S.S.

Client charged with failure to yield the right of way, DWI (Driving While Intoxicated), DWI per se, with a BAC (blood alcohol content) of..14% as determined by NPAS BAC Datamaster.™  Local Court. All charges were dismissed following motion argument.  The People appealed the dismissal.   Charges were refiled.  Following suppression hearing the defense filed memoranda of law seeking dismissal based upon a violation of the Americans with Disabilities Act; a violation of the Rehabilitation Act of 1973; and in the Interests of Justice.  Result: client was found not guilty of all top charges.  Not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, not guilty of failure to yield the right of way.  Client found guilty of DWAI (driving while ability impaired). 

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People vs. A.S.

Client charged with failure to stop at a stop sign, misdemeanor DWI (Driving While Intoxicated) and DWI per se with a blood alcohol concentration alleged to be .14%.  Local Court.  Result following suppression hearing: all charges were dismissed.  Client was found not guilty of Driving While Intoxicated; not guilty of failure to stop at a stop sign.  License restored.

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People vs. D.M.

Client stopped at state park checkpoint and charged with misdemeanor DWI (Driving While Intoxicated), and DWI per se with a blood alcohol concentration alleged to be .15%.  Local Court.  Trial Verdict: client found not guilty of all of top charges.  Client was found not guilty of Driving While Intoxicated; not guilty of Driving While Intoxicated per se but guilty of driving while ability impaired.   License suspended ninety days.

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People vs. M.M.

Client charged with driving across divided space barrier of highway, failure to reduce speed, failure to affix registration sticker, failure to notify the Department of Motor Vehicles about a change of address, misdemeanor DWI (Driving While Intoxicated), refusal of breath test.  Local Court.  Trial Verdict: client found not guilty of all of top charges.  Client was found not guilty of Driving While Intoxicated; not guilty of driving across divided space barrier of highway, not guilty of failure to reduce speed, not guilty of failure to affix registration sticker, not guilty of falure to notify DMV of address change; guilty of driving while ability impaired.   License suspended ninety days.

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People vs. E.N.

Client charged with failure to use a designated lane, misdemeanor DWI (Driving While Intoxicated).  Local Court.  Result following suppression hearing: all charges were dismissed.  Client was found not guilty of Driving While Intoxicated; not guilty of failure to use a designated lane.  License restored.

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People vs. S.M.

Client charged with failure to stop at a designated stop line, Felony DWI (Driving While Intoxicated).  Supreme Court.  Trial Verdict: Client was found not guilty of Felony Driving While Intoxicated.  Client was found guilty of the violation of DWAI (driving while ability impaired), and failure to stop at a designated stop line. 

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People vs. M.C.

Client charged with failure to yield to a traffic control device, DWI (Driving While Intoxicated), DWI per se, with a BAC (blood alcohol content) of..14% as determined by NPAS BAC Datamaster.™  Local Court.  Result: client was found not guilty of all top charges.  Not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level.  Client found guilty of DWAI (driving while ability impaired), and failure to yield to a traffic control device. 

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People vs. M.B.

Client charged with failure to use turn signal, misdemeanor Aggravated Unlicensed Operation 3rd, misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, with a BAC (blood alcohol content) of..16% as determined by NPAS BAC Datamaster.™  Local Court.  Trial Verdict: Upon motion by Donald J. Wisner, all charges were dismissed.  Client was found not guilty of Driving While Intoxicated; not guilty of DWI per se (.08% or greater blood alcohol level); not guilty of failure to use turn signal; and not guilty of misdemeanor Aggravated Unlicensed Operation 3rd.  License restored.

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People vs. R.L.

Client charged with failure to yield to a turning vehicle, possession of an open container, DWI (Driving While Intoxicated), DWI per se, with a BAC (blood alcohol content) of..14% as determined by NPAS BAC Datamaster.  Local Court.  At trial, after reviewing defense counsel's memoranda to suppress, the breath test result was suppressed.  Trial Verdict: client was found not guilty of all top charges.  Not guilty of misdemeanor charges Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, not guilty of possession of an open container.  Client found guilty of violation DWAI (driving while ability impaired), and failure to yield.

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People vs. H.J.

Client charged with uninspected motor vehicle, misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI (drugs) as determined by the drawing of blood.  Local Court.  Result: client found not guilty of all top charges.  Driving While Intoxicated charge was dismissed on motion.  Client was found not guilty of Driving While Intoxicated by drugs and not guilty of uninspected motor vehicle.  Client found guilty of DWAI (driving while ability impaired).

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People vs. D.K.

Client charged with failure to keep right, speeding, misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, with a BAC (blood alcohol content) of..13% as determined by NPAS BAC Datamaster.  Client was video taped by New York State Police.  Local Court.  Trial Verdict: client found not guilty of all top charges.  Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level.  Client found guilty of DWAI (driving while ability impaired), speeding and failure to maintain lane.  Court remarked, "this is only the second time in eighteen years I have suppressed the breath test at trial."

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People vs. D.E.

Client stopped at a checkpoint and charged with misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, with a BAC (blood alcohol content) of..12% as determined by NPAS BAC Datamaster.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level.  Client found guilty of DWAI (driving while ability impaired).

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People vs. J.C.

Following a motor vehicle accident where neither driver was injured.  Client was charged with DWI (Driving While Intoxicated), and DWI (Driving While Intoxicated) per se based upon alleged toxicology report blood alcohol content of .12%.  The blood alcohol level was determined by the drawing of blood at hospital.  Local Court.  Following suppression hearings the court granted defendant's Motion to Dismiss each DWI count.  All charges dismissed.

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People vs. C.B.

Following a motor vehicle accident caused by another motorist.  Neither motorist was injured.   Client was charged with operating a motor vehicle impaired by drugs, DWI (Driving While Intoxicated), and DWI (Driving While Intoxicated) per se based upon alleged toxicology report blood alcohol content of .16%.  The blood alcohol level was determined by the drawing of blood at hospital.  Local Court.  Following suppression hearings the court granted defendant's Motion to Dismiss each DWI count and the driving while impaired by drugs.  All charges dismissed.

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People vs. D.L.

Client charged with misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se based upon alleged blood alcohol content.  Local Court.  Following suppression hearings the court granted defendant's Motion to Dismiss each DWI charge was on separate grounds.  All charges dismissed.

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People vs. R.W.

Client charged with failure to signal, failure to maintain lane, moving from lane unsafely, misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, with a BAC (blood alcohol content) of..11% as determined by NPAS BAC Datamaster.  Local Court.  Result: Client was found not guilty of failure to maintain lane, not guilty of of failure to signal, not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level.  Client found guilty of DWAI (driving while ability impaired).

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People vs. J.S.

Client charged with misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, with a BAC (blood alcohol content) of..15% as determined by NPAS BAC Datamaster.  Local Court.  Trial verdict: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level.  At trial client found guilty of DWAI (driving while ability impaired).

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People vs. J.B.

Client charged with misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, with a BAC (blood alcohol content) of.12%, and failure to yield the right of way.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, not guilty of failure to yield the right of way.  Client found guilty of DWAI (driving while ability impaired).

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People vs. C.D.

Client charged with failure to maintain lane, speeding, misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se, and failure to yield the right of way.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of DWI per se, not guilty of failure to maintain lane, not guilty of speeding.  Client found guilty of DWAI (driving while ability impaired).

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People vs. E.B.

Client charged with DWI (Driving While Intoxicated), refusing a breath screen, consuming alcohol in a motor vehicle, failure to use turn signal and driving over hazardous road markings.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of refusal of breath screen, not guilty of consuming alcohol in a motor vehicle and not guilty of failure to signal.  Client found guilty of DWAI (driving while ability impaired) and crossing over hazardous markings.

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People vs. M.B.

Client charged with misdemeanor DWI (Driving While Intoxicated), misdemeanor DWI per se.  BAC (blood alcohol content) .11%, speeding 81 mph in 65mph zone, misdemeanor Aggravated Unlicensed Operator 3rd, Unlicensed Motorist, and unlawful possession of marijuana.  Local Court.  Trial verdict: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, not guilty of aggravated unlicensed operator 3rd, not guilty of unlicensed motorist, and not guilty of unlawful possession of marijuana.  Client found guilty of DWAI (driving while ability impaired) and speeding 81 mph in 65 mph zone and fined $155.00.

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People vs. L.I.

Client charged with DWI (Driving While Intoxicated), DWI per se.  BAC (blood alcohol content) .17%, speeding 60 mph in 40 mph zone (4pts) and 90 mph in 55 mph zone (8pts), and unsafe lane change.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, not guilty of 90 mph in 55 mph zone and not guilty of unsafe lane change.  Client found guilty of DWAI (driving while ability impaired) and speeding 60 mph in 40 mph zone.

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People vs. P.M.

Client charged with DWI (Driving While Intoxicated), DWI per se.  BAC (blood alcohol content) .12%.  Local Court.  At trial, evidence was suppressed and all charges were dismissed.

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People vs. U

Client charged with DWI (Driving While Intoxicated), DWI per se, and failure to stop at a stop light.  BAC (blood alcohol content) .15% as measured by at DataMaster ™  test.  Local court.  Following suppression hearing all charges were dismissed. 

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People vs. A.B..

Client charged with DWI (Driving While Intoxicated), DWI per se.  BAC (blood alcohol content) was .15%, and Improper Right Turn.  Local Court.  At trial, evidence was suppressed and client was found not guilty of all charges.  

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People vs. L.K.

Client charged with DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .08%, and a cell phone violation.  Local Court.  Client was found not guilty of misdemeanor driving while intoxicated and not guilty of misdemeanor having .08% or greater blood alcohol level.

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People vs. M.G.

Client charged with Unlicensed Operator; misdemeanor Aggravated Unlicensed Operation 3rd; Failure to signal; Open container.  City Court.  All charges were dismissed.

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People vs. H.G.

Client charged with DWI (Driving While Intoxicated), failure to signal, and failure to yield the right of way.  Local Court.  At Trial client was found not guilty of misdemeanor driving while intoxicated and not guilty of failure to yield the right of way.

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People vs. A.R.

Client charged with DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .11%.  Local Court.  Client was found not guilty of all charges.

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People vs. A.M.

Client charged with speeding, DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .17%.  Local Court.  At Trial client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level.  Client found guilty of speeding and the violation DWAI (driving while ability impaired).

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People vs. L.H.

Client charged with speeding, DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .15%.  Local Court.  At Trial client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level.  Client found guilty of the violation DWAI (driving while ability impaired).

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People vs. E.B.

Client charged with DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .16%, and operating the wrong way on a one way.  Local Court.  Client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level.  Convicted of violation DWAI (driving while ability impaired).

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People vs. J.R.

Client charged with DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .19%, operating without headlights.  Local Court Jury Trial.  Client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level.  Convicted of violation DWAI (driving while ability impaired).

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People vs. C.B.

Client charged with DWI (Driving While Intoxicated), DWI per se.  BAC (blood alcohol content) .17%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. M.D.

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding, failure to maintain lane.  BAC (blood alcohol content) .15%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. L.T.

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding, failure to keep right, improper right, unauthorized use of a motor vehicle.  BAC (blood alcohol content) .17%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired), unauthorized use of a motor vehicle.

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People vs. J.B.

Client charged with DWI (Driving While Intoxicated), speeding 89 in 55 mph zone (8 pt. speed), and refusal of prescreen test.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of speeding 89 in 55 mph zone, but guilty of DWAI (driving while ability impaired) and guilty of 65 in 55 mph zone (3 pt. speed).

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People vs. K.M.

Client charged with DWI (Driving While Intoxicated) and unsafe lane change.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated.  Client found guilty of DWAI (driving while ability impaired) and unsafe lane change.

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People vs. M.L.

Client charged with improper right turn, DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .12%, unlicensed operator, misdemeanor aggravated unlicensed operation.  Local Court.  Client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level and not guilty of aggravated unlicensed operation.  Client found guilty of the violation DWAI (driving while ability impaired).

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People vs. S.K.

Client charged with speeding, DWI (Driving While Intoxicated), DWI per se with a BAC (blood alcohol content) of .11%, failure to stay in lane, and failure to signal.  Local Court.  Client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level.  Client found guilty of the violation DWAI (driving while ability impaired).

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People vs. J.J.

Client charged with one count of DWI (Driving While Intoxicated), client refused to take breath test.  Local Court.  At Trial client was found not guilty of misdemeanor driving while intoxicated but guilty of violation DWAI (driving while ability impaired).

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People vs. C.H.

Client charged with speeding 86 in a 55 mile per hour zone.  Local Court.  All charges were dismissed.

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People vs. E.M.

Client charged with DWI (Driving While Intoxicated), DWI per se.  BAC (blood alcohol content) was .14%, speeding 91 in 55 mph zone, and failure to yield to emergency vehicle.  Local Court.  At trial client was found not guilty of misdemeanor driving while intoxicated, not guilty of misdemeanor having .08% or greater blood alcohol level.  Convicted of violation of DWAI (driving while ability impaired).

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People vs. J.G.

Client charged with DWI (Driving While Intoxicated), DWI per se, inadequate headlights.  BAC (blood alcohol content) .10%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. J.S.

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding.  BAC (blood alcohol content) .14%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired) and speeding.

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People vs. T.D.

Client charged with DWI (Driving While Intoxicated), DWI per se, unlicensed operator, failure to stop at a stop sign.  BAC (blood alcohol content) .08%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. L.Z.

Client charged with DWI (Driving While Intoxicated), DWI per se, unlicensed operator of a motor vehicle.  BAC (blood alcohol content) .09%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired), unlicensed operator of a motor vehicle.

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People vs. K.S.

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding.  BAC (blood alcohol content) .10%.  LocalCourt.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. E.K.

Client charged with DWI (Driving While Intoxicated), DWI per se, failure to maintain lane.  BAC (blood alcohol content) .10%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. C.S.

Client charged with DWI (Driving While Intoxicated), refusal of a breath screen, failure to signal lane change, failure to keep right, inadequate lights.  BAC (blood alcohol content) Refusal.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated but guilty of DWAI (driving while ability impaired), failure to keep right.

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People vs. G.B.

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding, failure to signal a lane change.  BAC (blood alcohol content) .08%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. B.E.

Client charged with DWI (Driving While Intoxicated), DWI per se, failure to stop at a stop sign, failure to maintain lane.  BAC (blood alcohol content) .13%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. F.M.

Client charged with DWI (Driving While Intoxicated), DWI per se, driving left over a double yellow .  BAC (blood alcohol content) .09%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. A.G.

Client charged with DWI (Driving While Intoxicated), speeding, failure to maintain lane, failure to signal a lane change, following too close to another vehicle.  BAC (blood alcohol content) Refusal.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated but guilty of DWAI (driving while ability impaired).

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People vs. M.R.

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding, unauthorized use of a motor vehicle.  BAC (blood alcohol content) .10%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. D.P.

Client charged with DWI (Driving While Intoxicated), failure to maintain lane, unauthorized use of a motor vehicle, left scene of a property damage accident.  BAC (blood alcohol content) .15%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. D.V.

Client charged with DWI (Driving While Intoxicated), DWI per se, failure to stop, unauthorized use of a motor vehicle in the 3rd degree, unlicensed operator.  BAC (blood alcohol content) .13%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. L.R.

Client charged with DWI (Driving While Intoxicated), DWI per se.  BAC (blood alcohol content) .13%.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. B.W.

Client charged with DWI (Driving While Intoxicated), failure to stop.  BAC (blood alcohol content) Refusal.  Local Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. B

Client charged with DWI (Driving While Intoxicated).  Refusal of breath test.  Local court.  Bench trial verdict: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of Driving While Ability Impaired.

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People vs. D

Client charged with DWI (Driving While Intoxicated), DWI per se, speeding, failure to maintain lane.  BAC (blood alcohol content) .15%.  City Court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. G

Client charged with DWI (Driving While Intoxicated), no seat belt, speeding, unsafe lane change, failure to signal lane change.  Refusal of breath test.  Local court.  Not guilty of driving while intoxicated, no seat belt, speeding, unsafe lane change and failure to signal.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (Driving While Ability Impaired). 

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People vs. S

Client charged with DWI (driving while intoxicated) and speeding.  Local court.  BAC (blood alcohol content) was .08%.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. R

Client charged with DWI (driving while intoxicated), DWI per se, failure to keep right, inadequate brake light, and aggravated unlicensed operation in the third degree.  BAC (blood alcohol content) alleged to be .10%.  Local court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. K

Client charged with DWI (driving while intoxicated).  BAC (blood alcohol content) alleged to be .06%.  Local court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. H

Client charged with DWI (driving while intoxicated), DWI per se, speeding, reckless driving.  BAC (blood alcohol content) alleged to be .07%.  Local court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People v. W

Client charged with DWI (driving while intoxicated).  BAC (blood alcohol content) alleged to be .08%.  Local court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired).

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People vs. G

Client charged with DWI (driving while intoxicated), DWI per se, speeding, and failure to maintain lane.  BAC (blood alcohol content) alleged to be .13%.  Local court.  Result: Client was found not guilty of Driving While Intoxicated, not guilty of .08% or greater blood alcohol level, but guilty of DWAI (driving while ability impaired), speeding and failure to maintain lane.

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The foregoing results are specific to each case.  These results do not mean that every case will result in a favorable outcome.  A prior outcome in a case does not predict or in any way guarantee the same outcome in your case.  Please confer with our attorneys about the facts of your case. 

Our clients come from all over New York including Allegany, Cattaraugus, Cayuga, Chemung, Cortland, Erie, Genesee, Herkimer, Lewis, Livingston, Monroe, Niagara, Onondaga, Ontario, Orleans, Oswego, Otsego, Schuyler, Seneca, Steuben, Tompkins, Wayne, Wyoming and Yates counties.

 
 

 

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