Author Archives: Jason C. Henskee Esq.

EARLY REMOVAL OF THE IGNITION INTERLOCK DEVICE FROM YOUR VEHICLE

Since August 2010, every person who is convicted of driving while intoxicated and other alcohol-related driving offenses excluding driving while ability impaired as a violation and driving while ability impaired by drugs, is required to install an ignition interlock device in any vehicle that the person owns or operates. Initially the statute required installation of… Continue Reading

ILLEGAL EVIDENCE

The Fourth Amendment of the United States Constitution and Article 1 §12 holds that “The right of the People to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing… Continue Reading

CAN THE POLICE STOP YOU BASED ON A SUSPICION OF AGGRAVATED UNLICENSED OPERATION

Aggravated unlicensed operation of a motor vehicle, commonly referred to by most attorneys as an AUO is a vehicle and traffic violation offense under VTL section 511. There are three levels of aggravated unlicensed operation of motor vehicle. The 1st degree carries the harshest penalties. While AUO in the 3rd degree is the most commonly… Continue Reading

IS THE EVIDENCE IN YOUR DWI CASE SUFFICIENT FOR A CONVICTION

Pattern jury instructions set forth the elements of an offense. All of the elements of the offense must be proven by the People in order for someone to be convicted of that specific offense. With respect to Vehicle And Traffic Law section 1192-(3), common-law driving while intoxicated, the following elements must be proven by the… Continue Reading

Marijuana First Offense

MARIJUANA GET OUT OF JAIL FREE CARD If you’ve been charged with possession of marijuana as a first offense, you may be entitled to a dismissal of the charge pursuant to the applicable provisions of the criminal procedure Law. For many first offenses defense counsel can make application to the court for an adjournment in… Continue Reading

DWI Checkpoints

DWI CHECKPOINTS THIS HOLIDAY SEASON DWI checkpoints are used throughout the year. However they are implemented much more frequently during the holiday season and other major holidays. Like any other police encounter the best way to handle the checkpoint is to have all of your information readily available including your license, registration, and proof of… Continue Reading

DWI FIRST OFFENSE

Being charged with a DWI or other alcohol/drug related driving offense can be a terrifying experience. Being charged with a DWI will affect various aspects of your life including its impact on your license, financial circumstances, employment, and treatment if applicable. However, you are not alone. It is estimated that each year millions of people… Continue Reading