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Representing the DWI Defendant in New York from Arraignment to Disposition

- Location -
Affinia Manhattan
371 Seventh Avenue At 31st Street
New York, NY 10001-3984
(212) 563-1800

Description

This program will provide attendees with an excellent overview of how to represent a DWI defendant in New York. A top-notch faculty of well respected DWI defense counsel will bring you the latest developments in the law, as well as a wealth of practice pointers to be used throughout all phases of the litigation of a DWI case.

The Overall Program Chair is nationally renowned DWI speaker Peter Gerstenzang, Esq. of Gerstenzang, O'Hern, Hickey, Sills & Gerstenzang, Albany.

Proposed New DMV Regulations!
The faculty will discuss the proposed new DMV “look back” regulations in the context of their respective topics. Attendees will be prepared to address these new regulations upon anticipated formal enactment.

7.0 MCLE Credits: 4.0 in Skills and 3.0 in Professional Practice

REPRESENTING A DWI DEFENDANT IN NEW YORK
2012 Program Agenda

8:30 - 9:00 a.m.   Registration

9:00 - 9:05 a.m. Welcome and Introduction

9:05 - 10:20 a.m. Mapp, Dunaway and Huntley Hearing
(1) The real FSTs
(2) The standardized tests
(3) Cross-examination technique

Speaker:  Peter Gerstenzang, Esq. (All locations)

10:20 - 10:35 a.m. Coffee Break

10:35 - 11:50 a.m. Plea Bargaining-Problems and Pitfalls
(1) Watch out for permanent revocation
(2) Negative units-What are they?
(3) Getting the license back
(4) Things the client has to know

Speaker:  Eric H. Sills, Esq. (All locations)

11:50 - 1:00 p.m. Lunch

1:00 - 1:50 p.m. Dealing With the Interlock from A to Z

Speakers:  Joseph Gerstenzang, Esq. (Rochester)
Jonathan D. Cohn, Esq. (Albany)
John Powers,Esq. (Long Island)
Adam Perlmutter, Esq. (New York City)

1:50 - 3:15 p.m. Handling Test Refusals
(1) When to refuse and when not to
(2) Refusals and the 2-hour rule
(3) DMV procedure
(4) Handling the refusal hearing

Speaker: Thomas J. O’Hern, Esq. (All locations)    

3:15 - 3:30 p.m. Break

3:30 – 4:55 p.m. Breath Testing-The Low Budget Defense
(1) How you blow makes a difference
(2) Mouth alcohol
(3) Points to make on cross-examination

Speaker:  Edward Fiandach, Esq. (All locations)

New this Fall: All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice.  A CLE NotePad © (paper) will be provided to all attendees at the live program site.  The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing. Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

From Long Island: Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th Hotel is on East side of 7th Ave. From Connecticut: Merge onto I-95 S (Portions toll) (Crossing into NEW YORK). Keep LEFT to take I-278 W via EXIT 6B toward TRIBORO BR. Take the exit toward RANDALLS-WARDS IS MANHATTAN / FDR DRIVE. Stay STRAIGHT to go onto TRIBOROUGH BRIDGE (Portions toll). Merge onto FDR DR S. Take EXIT 8 toward I-495 / MIDTOWN TUN / E 34 ST. Stay STRAIGHT to go onto FDR DR SERVICE RD W. Turn RIGHT onto E 37TH ST. Turn LEFT onto PARK AVE. Turn RIGHT onto E 35TH ST. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From New Jersey: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E / US-46 / INCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From JFK: Start out going SOUTHEAST, Turn SLIGHT LEFT to take the ramp toward AIRPORT EXIT / OTHER TERMINALS. Stay STRAIGHT to go onto JFK EXPY. Merge onto I-678 N / VAN WYCK EXPY toward AIRPORT EXIT / RETURN TO TERMINALS / LONG TERM PARKING / RENTAL CAR RETURNS. Merge onto GRAND CENTRAL PKWY W via EXIT 10 on the LEFT toward LA GUARDIA AIRPORT / TRIBORO BR. Take the I-495 / LONG IS EXPWY exit- EXIT 10E-W- toward EASTERN LONG IS / MANHATTAN. Merge onto I-495 W via EXIT 10W on the LEFT (Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From LaGuardia: Start out going NORTHEAST on LA GUARDIA RD. Turn SLIGHT LEFT toward TERMINAL A / MARINE AIR TERMINAL / RENTAL CAR RETURNS. Turn SLIGHT LEFT onto CENTRAL TERMINAL DR.Take the AIRPORT EXIT ramp. Merge onto GRAND CENTRAL PKWY W toward MANHATTAN. Take the BKLYN-QNS EXPWY exit- EXIT 4- toward STATEN ISLAND / I-278 W. Merge onto BROOKLYN QUEENS EXPY E. Merge onto I-278 W / BROOKLYN QUEENS EXPY. Take the L.I. EXPWY / I-495 exit- EXIT 35- toward MIDTOWN TUN / EASTERN L.I. / GREENPOINT AVE. Merge onto I-495 W via EXIT 35W on the LEFT toward MIDTOWN TUN / MANHATTAN (Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From Newark: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E / US-46 / LINCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. 

The last day to pre-register online was November 15, 2012.

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Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.