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NYSBA | Handling DWI Cases in New York State (Fall 2006) = 15

Handling DWI Cases in New York State (Fall 2006)

Non-Member Price:	$235.00
Member Price:	$150.00

Stock Status:	In Stock
Product Code:	80697

Product Description

Live Program Held: Thursday, November 30, 2006 - Albany

As law enforcement continues to crack down on intoxicated drivers, DWI cases are more common than ever. Many attorneys are often asked to handle a DWI case and find themselves in unfamiliar territory. Recent changes in the law have made DWI cases even more complicated. It is imperative that attorneys be familiar with how to negotiate the case, what to do at the arraignment on a DWI char ge and the effect of prior convictions.

Handling DWI Cases in New York State is a timely, full-day basic seminar on DWI co-sponsored by the Criminal Justice Section and the Committee on Continuing Legal Education of the New York State Bar Association. This seminar is designed to assist attorneys in rendering effective representation to clients accused of a first offense, as well as those clients having prior convictions.

An entire segment of the program is devoted to the new legislation passed in June 2006 and includes coverage of the new offense of “Aggravated Driving While Intoxicated,” enhanced penalties plea bargain restrictions for Aggravated DWI, and amendments to the penal law in relation to crimes of vehicular manslaughter and vehicular assault.

TOPICS INCLUDE:

• aggravated driving while intoxicated
• chemical test refusals
• negotiating dispositions
• the Drinking Driver Program – eligibility and effect
• conditional licenses
• suspension pending prosecution
• breath testing
• ethical issues

Don’t miss this opportunity to learn from highly experienced and renowned lecturers.

Co-sponsored by the Criminal Justice Section and the Committee on Continuing Legal Education of the
New York State Bar Association

PROGRAM CONTENTS:

I. THE NEW LAWS – WHAT YOU NEED TO KNOW (79 min.)

Mandatory screening and assessment
Aggravated Driving While Intoxicated
Permanent revocations
Commercial licenses – The rules have changed
Driving under the influence of both alcohol and drugs – A new crime
Test refusals – Enhanced penalties
Vehicular Assault and Homicide – Raising the ante

Speaker: Peter Gerstenzang, Esq.

II. ETHICAL ISSUES (42 min.)

Confronting your clients’ alcoholism

Speaker:
Peter Gerstenzang, Esq.

III. CHEMICAL TESTS – HANDLING THE BASICS (80 min.)

1. Breath testing generally

Blood-Breath Partition Ratio
How you breathe does make a difference

2. Infrared testing generally

The Instruments-BAC DataMaster II, The Alcotest 7110 MKIII, and the Intoxilyzer

Speaker:
Edward L. Fiandach, Esq.

IV. JUDICIAL SUSPENSION PENDING PROSECUTION (67 min.)

1. What Is It?
2. Hardship privilege
3. Preconviction conditional licenses
4. Prior conviction suspension
5. Test refusals

Speaker:
Timothy C. Rath, Esq.

V. FINDING YOUR WAY THROUGH THE MAZE – WHAT YOU NEED TO KNOW TO NEGOTIATE THE CASE (64 min.)

1. First offenders
2. Second offenders
3. Multiple offenders – Felonies
4. DWAI’s – The third offense
5. Drinking Driver Program – Eligibility and effect
6. Conditional Licenses – The 20-Day Order

Speaker:
Thomas J. O’Hern, Esq.

PROGRAM SPEAKERS:

Overall Planning Chair
Peter Gerstenzang, Esq.
Gerstenzang, O’Hern, Hickey & Gerstenzang Albany

PANEL
Speakers (in alphabetical order)

Edward L. Fiandach, Esq., Fiandach & Fiandach, Rochester (all locations)
Thomas J. O’Hern, Esq., Gerstenzang, O’Hern, Hickey & Gerstenzang, Albany (Albany and Buffalo)
Timothy C. Rath, Esq., Fiandach & Fiandach, Rochester (Albany and Buffalo)

6.5 MCLE credits, including 0.5 in ethics.

*Each additional person who uses the tapes for MCLE credit must purchase a copy of the "MCLE coursebook."