Concerned about how DWI laws are changing – and how your practices may be impacted? Many attorneys are asked, at one time or another, to handle a DWI case. As law enforcement continues to crack down on intoxicated drivers, these cases will become even more common. Attorneys must be prepared to render effective representation to the client accused of a first offense, as well as to those clients having prior convictions. Recent changes in the law have made DWI cases even more complicated. For example, arraignments are no longer a pro forma proceeding. It is imperative that attorneys be familiar with suspension pending prosecution. Since defendants are subject to having their licenses suspended at arraignment under this legislation, the informed assistance of counsel is critical at arraignment on a DWI charge. You’ll Learn: The national highway traffic safety administration protocol, The basics of chemical tests, How to find your way through the maze – what you need to know to negotiate the case, The ins and outs of judicial suspension pending prosecution, How to deal with crucial ethical issues in confronting your client’s alcoholism
Edward Fiandach, Esq., is the author of three books comprising five volumes and more than 200 articles on DWI. His monthly newsletter, The New York DWI Bulletin, is the only statewide publication of its kind and for 10 years has been continuously used by lawyers, prosecutors and judges across the state. His annually supplemented treatises, New York Driving While Intoxicated, 2d Edition, and Handling Drunk Driving Cases 2d, a two-volume, nationally distributed text, are widely acclaimed as the most authoritative publications of their kind. His articles have been published in The Magistrate, The Public Defense Backup Report, The Daily Record, Democrat and Chronicle, Times Union, Criminal Justice Journal, The Automobile Liability Newsletter, The Champion, and numerous state and local bar association publications in New York and elsewhere.
Peter Gerstenzang is the senior partner in the Albany law firm of Gerstenzang, O'Hern, Hickey, Sills & Gerstenzang. He is a 1970 graduate of Albany Law School. He has been Board Certified as a specialist in DUI Defense Law by the National College for DUI Defense ("NCDD")* as accredited by the American Bar Association. His practice focuses on Criminal Defense with an emphasis on DWI cases and Vehicular Crimes.Mr. Gerstenzang commenced his legal career as a prosecutor for the United States Army in the Republic of Vietnam. From 1972 to 1975, he was an Assistant District Attorney for the County of Albany. Certified as a breath test operator, he taught at the New York State Police Academy in their Breath Test Training Program for 12 years. Mr. Gerstenzang serves on the Board of Regents of the National College for DUI Defense, which holds an annual seminar in Cambridge, Massachusetts on the campus of Harvard Law School. He is the Chair of the Traffic Safety Committee of the Criminal Justice Section of the New York State Bar Association. His book, Handling the DWI Case in New York , published by Thomson/West, is considered a standard reference for the defense of Driving While Intoxicated cases.Mr. Gerstenzang is a regular lecturer for the New York State Bar Association, the New York State Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, the Office of Court Administration Judge's Training Program, and the New York State Defenders Association. In addition, he teaches for various law enforcement, defense and judicial associations.
Thomas J. O’Hern, Esq., is a partner in the Albany firm of Gerstenzang, O’Hern, Hickey & Gerstenzang. His practice focuses primarily on the defense of DWI cases. Mr. O’Hern is a life member of the New York State Association of Criminal Defense Lawyers. He is a regular speaker for the New York State Bar Association and the New York State Association of Criminal Defense Lawyers, lecturing on DWI defense, defense of drug cases and trial tactics.
Eric H. Sills, Esq., is a criminal defense attorney in Albany, whose practice focuses on DWI defense. He is a partner in the law firm of Gerstenzang, O’Hern, Hickey & Gerstenzang, and is the co-author of the book Handling the DWI Case in New York. Previously, Mr. Sills served as a law clerk to retired U.S. Magistrate Judge Ralph W. Smith Jr. of the U.S. District Court for the Northern District of New York. Mr. Sills is a graduate of Boston College Law School, where he served as a production editor on the Boston College Environmental Affairs Law Review. He is currently a member of the Committee on Character and Fitness for the 3rd Judicial District, and a general member of the National College for DUI Defense, Inc.
Kathleen V. Wells, Esq., is a graduate of Thomas More College of Liberal Arts and Albany Law School. She is presently an attorney in the law firm of Larkin, Axelrod, Ingrassia & Tetenbaum, L.L.P., in Newburgh, New York, where she practices criminal defense law with a concentration on defending people accused of operating a motor vehicle while under the influence of alcohol or drugs. Ms. Wells has successfully defended such individuals at suppression hearings and DMV administrative hearings, at trial and on appeal.
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