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Crash and Death in New York – Defendant asserts his right to counsel; conviction overturned, stateme


The Appellate Division, Third Department, provides another example of why it is important to speak to an attorney before speaking with the police, even in a traffic stop. New York DWI is not limited to alcohol. As prescription medications become more prescribed and more prevalent in the lives of New Yorkers, one must understand that Driving Under the Influence and New York Driving While Ability Impaired can occur with a mix of legal drugs and alcohol. New York Driving While Ability Impaired can result from taking legally prescribed medication in excess or to the point of intoxication. Of course, Driving While Ability Impaired can also result from taking illegal medications, such as prescription painkillers, and driving a vehicle.

New York Criminal Defense attorneys and clients should know that even over the counter medications can impair one’s ability to a drive a vehicle. Medications have obvious warnings on them: do not operate heavy machinery, do not take more than a certain amount, etc. One must be diligent in what he or she ingests. Additionally, one must be very careful not to get behind the wheel of a car under the influence of any intoxicant. Lastly, should you be confronted by the police, whether for a traffic stop or because you were in a car accident, speak to an attorney: Call the Law Offices of Cory H. Morris – 631-450-2515.

This case involved a car crash where it was alleged that the driver was driving while his ability to do so was impaired that resulting in death. What is key to note is that the driver demanded an attorney – something everyone should do when questioned by the police – and his indelible right to counsel attached (in New York the right to counsel is indelible) which the police violated and, as a result, the chemical tests were suppressed.


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