In February 2021, New Jersey federal prosecutors dropped a DWI case against the singer, Bruce Springsteen, citing a lack of evidence. Claims of “liberal privilege” immediately appeared across social media.[1] Indeed, if the defendant was Spring Brucesteen, authorities probably would not have backed off as quickly.
However, if anything, Springsteen’s celebrity status might have worked against him. A high-profile collar like this one makes quite a fish story. If you are a police officer, you do not want Bruce Springsteen to be the one that got away.
Very briefly, officers pulled Springsteen over as he rode his motorcycle in a New Jersey federal park. He told officers he had been drinking with fans in the Gateway National Recreation Area in Sandy Hook. At the station, Springsteen blew a .02. He was initially charged with DWI and reckless driving. Since .02 is well below the legal limit of .08, prosecutors dropped both charges. Instead, Springsteen pleaded guilty to drinking in a prohibited area. The judge ordered him to pay a $540 fine.[2]
Ultimately, regardless of the defendant’s name, the outcome probably would have been roughly the same, given the facts as known. There are some takeaways here that a Rochester defense lawyer can apply to almost any DWI case, whether or not it involves a celebrity defendant and/or a chemical test.
Aggressive Officers
Celebrities are not the only people who deal with overanxious officers. Regular people encounter these situations as well, especially in certain situations.
A STEP campaign (Selective Traffic Enforcement Program) is a good example. These local law enforcement initiatives usually have catchy nicknames, like “Drive Sober or Get Pulled Over” and “Click It or Ticket.”
Grant money, usually from the state, funds these enhanced enforcement campaigns. This money covers things like officer overtime and other expenses. When the state spends money, the state expects results. Therefore, police supervisors often pressure STEP campaign patrol officers to arrest as many people as possible.
If the arresting officer was on STEP patrol instead of regular patrol, that fact could influence jurors. Once all the details emerge, many people believe the police were trying to railroad the defendant.
On a related note, Springsteen apparently refused to take a field Breathalyzer test. That’s his right, and your right, under the Fifth Amendment. However, as we’ve blogged about before, such a refusal almost guarantees your arrest, regardless of the evidence.
Rochester Defense Lawyers and Chemical Test Results
It’s very difficult to draw conclusions in this area given the limited information available. But something does not add up here.
Springsteen blew a .02 at the station. BAC levels vary significantly, according to weight, age, alcohol tolerance, and a number of other factors. Generally, however, a .02 is about the alcohol level of one or two beers. As most of us know from experience, a shot of tequila packs much more of a wallop than a can of beer. Additionally, Springsteen admitted to two small tequila shots. Human nature being what it is, he probably had more to drink than that.
Given these facts, it appears that the Breathalyzer was inaccurate, or the administrating officer mishandled the test. These issues happen much more frequently than authorities care to admit.
Breathalyzers are delicate devices. They must be frequently recalibrated and maintained. That’s especially true if officers use them a lot. And, a stationhouse Breathalyzer probably sees lots of use. Furthermore, a Breathalyzer’s technology is somewhat rudimentary. The Drunk-O-Meter, which was invented in the 1920s, used basically the same procedure as a Breathalyzer.
Police breathalyzer techs often take the stand and sing the praises of the latest and greatest Breathalyzer that the department uses. As a rule of thumb, the more bells and whistles a gadget has, the harder it is to operate. Furthermore, not all Breathalyzers are the same. The difference is often like the distinction between a Galaxy and an iPhone.
These issues are especially important in .08, .09, and other borderline BAC cases. In these situations, a small error makes a big difference. So, to seal the deal, a Rochester defense lawyer often partners with a chemist or other degreed professional who serves as an expert witness. These individuals have much more authority than the prosecutor’s police Breathalyzer technician.
Connect with an Aggressive Attorney
No matter what your name is, effective DWI defenses are usually available. For a free consultation with an experienced criminal defense lawyer in Rochester, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
Two hundred fifty years ago, jury trials resolved almost all criminal matters in the United States. That’s no longer the case. But jury trials are still a unique pillar of our system. In fact, an estimated 90 percent of the world’s jury trials occur in the United States.[1]
Like a bench trial and out-of-court settlement, other options were completely unavailable two hundred and fifty years ago. Now, one of these other options might be the best way to resolve a criminal case. They are certainly the most common criminal case endings in Monroe County.
Because of all these choices, you need a strong criminal defense attorney if you were arrested in Rochester NY. It all starts with a thorough case evaluation. Then, whatever option is best, an attorney can obtain the best possible result under the circumstances.
Is a Jury Trial Best?
Conventional wisdom states that you need two things to win a jury trial. You need a sympathetic defendant and a hook for the jury to hang its hat on.
There are several ways to make defendants sympathetic. The so-called “nerd defense” is a good example.[2] Jurors have a more positive view of defendants who wear glasses, especially if the defendant is charged with a violent crime. In other cases, an attorney can cast the defendant as a good person who made a wrong choice and is apologetic. In a few cases, there is evidence that the police and/or prosecutor are trying to railroad the defendant.
There’s still the matter of a hook. Frequently, legal defense is available, but it was not strong enough to merit dismissal. For example, the evidence in a murder case might be largely circumstantial. That proof is theoretically enough to support a conviction. But it might not be enough to sway skeptical jurors.
Is a Bench Trial (Non-Jury Trial) Best?
Judges are people too. So, emotional appeals sometimes work. But for the most part, judges are also relatively dispassionate. So, a bench trial might be best if you only have a legal defense. That’s especially true if there was no pretrial dismissal hearing. If the judge has rejected the legal argument once, it’s doubtful that s/he will reverse course and embrace it.
Speed is sometimes a consideration as well. It used to be that many defendants waited more than a year for a jury trial. Since the days of gathering large numbers of jurors for multiple trials are over, the wait times are even longer now. The wait time for a bench trial date might be a few months or a few weeks if the defendant is in jail.
On a related note, jury trials are much more time-consuming. Therefore much more expensive than bench trials. A felony jury trial usually lasts at least several days. A felony bench trial might be over in a few hours.
Other Options if You Were Arrested in Rochester NY
Hybrid mini-trials are sometimes available in Monroe County. Attorneys for both sides make opening arguments. Then, jurors decide the case based solely on those arguments. A slow plea might be available as well. The defendant pleads guilty and asks jurors to assess punishment. Slow pleas are often a good idea if the defendant is sympathetic, but there is no legal hook.
Plea bargains resolve the vast majority of criminal cases in New York. A criminal defense attorney uses legal defenses or weaknesses in the state’s claim to obtain a favorable out-of-court settlement. The possibility of an adverse result at trial is usually enough to convince overworked prosecutors to make a deal. These settlements usually include reduced charges and/or a lighter sentence.
Reach Out to a Compassionate Attorney
If you were arrested in Rochester NY, you have several legal options. For a free consultation with an experienced criminal defense lawyer in Rochester, contact the Law Office of Frank Ciardi. Convenient payment plans are available.
Considering direct and indirect costs, the average price of a DWI conviction in New York is about $15,000.[1] The average cost of a felony DWI is usually even higher. Higher insurance rates account for much of this increase. DWI offenders must usually obtain high-risk SR-22 insurance and keep it for at least three years.
A DWI attorney in Rochester NY cannot change what insurance companies charge. But a DWI attorneycan reduce or eliminate these expenses. As outlined below, effective DWI defenses are usually available. If the defense is strong enough, an attorney could get a not-guilty verdict at trial or even get the case thrown out of court. If the defense is not quite as strong, pretrial diversion might be an option. Monroe County is one of the only jurisdictions in the country where pretrial diversion is available in a felony DWI.
Possible Defenses with DWI Attorney Rochester NY
Lack of evidence is one of the most effective defenses in criminal cases. Frequently, there is a complete lack of evidence on one element of the offense.
“Asleep at the wheel” DWIs are a good example. Many people are surprised to learn that “driving” is not an element of “driving while intoxicated.” Prosecutors must only prove that the defendant was operating the vehicle. In some cases, the prosecutor might not even need to verify the car was running.
However, the state must always prove the car was drivable and the defendant intended to drive it. There is often no evidence of drivability. Most officers pay little or no attention to things like the vehicle’s condition or the gas amount in the tank. Furthermore, a person’s intent is always hard to prove, especially beyond a reasonable doubt, in situations like this one.
Other defenses are available, as well. An officer’s field sobriety test evaluation is usually completely one-sided. Furthermore, chemical tests, especially Breathalyzer tests, are far from 100 percent accurate and reliable.
Felony DWI Pretrial Diversion in Monroe County
If you face charges for a basic felony DWI (no accident or other aggravating circumstances, like a breath test refusal), you may be eligible for Monroe County’s DWI diversion program.
Most pretrial diversion programs result in a dismissal of charges if defendants complete a few simple program requirements. This program is different. Successful completion means prosecutors reduce the felony charges to a misdemeanor. Furthermore, the program requirements are rather strict. They include:
Obtaining a substance abuse evaluation
Surrendering your drivers’ license
Abstaining from all drugs and alcohol
Completing required substance abuse treatment
Appearing in court periodically – typically every month
Staying out of trouble
Most of these diversion programs last six months or a year. It’s not easy to abstain for a year. It’s also challenging to complete all these program requirements while you are unable to drive. Furthermore, some people have issues with alcohol evaluations. Many times, if the defendant says they do not have a problem with alcohol, the counselor believes the defendant is in denial. If you do not complete this program for any reason, the court will drop you, and all your efforts will amount to nothing.
All that being said, the payoff is significant. You will not have a felony on your record. Additionally, as mentioned, the costs of a misdemeanor DWI are much lower than felony costs. That’s especially true regarding indirect costs, such as your ability to get a job. So, you and your DWI attorney Rochester NY must carefully consider whether you are a good candidate for this program.
Although you avoid a felony conviction, you must plead guilty to a misdemeanor DWI as part of the arrangement. The judge will most likely sentence you to an additional three years’ probation.
Count on a Dedicated Attorney
If you are charged with felony DWI, you have legal options. For a free consultation with an experienced DWI attorney in Rochester, contact the Law Office of Frank Ciardi.
Even if you are guilty of an offense, can a defense lawyer Rochester help? Absolutely. Your “guilt” or “innocence” does not affect your Sixth Amendment right to counsel. [1] If the Bill of Rights application depended on our own sensibilities, we would all be in serious trouble. Additionally, you have more than a right to a lawyer. You have the right to a good lawyer. A client’s status does not affect an attorney’s obligation to represent that client zealously. [2]
Moreover, the only issue that matters in this area is what the state can prove beyond a reasonable doubt. That’s the highest burden of proof in New York law. As outlined below, several defenses are available, which at least reduce the amount of evidence available. The less evidence the prosecutor has, the harder it is to prove guilt.
Moral Guilt
Many people cannot overcome their moral guilt, which is okay. However, before you plead guilty, you should always partner with a defense lawyer Rochester. Guilty or innocent, we all deserve fair treatment. Only an attorney ensures fair treatment in a criminal law process, which is designed to take advantage of unrepresented defendants.
Legal Advice from a Defense Lawyer Rochester
All crimes have direct and collateral consequences. Judges are legally required to inform defendants about the direct consequences of their pleas. However, they are not required to inform them about the collateral consequences.
For example, most felony convictions have harsh consequences for noncitizens. A felony conviction could trigger deportation proceedings. But the judge says nothing about this possible consequence during a plea hearing. Most people only learn about these consequences when it is too late to do anything about them.
A defense lawyer Rochester advises defendants about all the repercussions of their pleas. Attorneys also advise people about sentencing options. In most cases, probation is preferable to jail time. But for various reasons, some people are not good candidates for probation. In these situations, a few weeks in jail might be better than many months of court supervision. Other disposition options are also available, whether the defendant is “guilty” or not.
Possible Defenses With the Help of a Defense Lawyer Rochester
An attorney also evaluates your case and identifies legal defenses. These defenses usually have nothing to do with moral guilt or innocence.
Procedural defenses are often available. For example, officers must have a search warrant or probable cause before they seize illegal drugs or weapons. Furthermore, police officers must observe the Fifth Amendment and other limitations when investigating crimes and/or making arrests. The Fifth Amendment does more than protect your right to remain silent. It also gives defendants the right to refuses tests, such as field sobriety tests and lineup appearances.
These procedural rules continue as trial approaches. Prosecutors are legally obligated to share potentially exculpatory evidence with defense lawyers in Rochester. Lawmakers significantly expanded these requirements in 2019 and again in 2020. [3] Trial by ambush is no longer legal in New York.
Frequently, there are substantive defenses as well. Frequently, the state does not have enough evidence to obtain a conviction. The classic example is an eyewitness who was somehow legally incompetent to testify, perhaps because of bias or failure to wear prescription eyeglasses.
Disposition Options
Pretrial diversion is usually an option if the defendant is charged with a nonviolent crime. If the defendant pays restitution and completes some program requirements, prosecutors dismiss the case. Guilt or innocence is irrelevant. Pretrial diversion is available to anyone who qualifies.
Most prosecutors are overworked. Therefore, they are usually willing to make favorable deals to avoid trial. This plea bargain could include a lesser sentence or a reduced charge. If such options are available, it makes sense to take advantage of them.
Deferred disposition is a third option. The defendant pleads guilty, but there is no legal adjudication of guilt. Instead, the judge places the defendant on probation. If the defendant successfully completes community supervision, the judge dismisses the case.
This alternative is very good for people who want to confess their guilt but want to avoid harsh punishment.
Count on an Experienced Attorney
Guilty or not, you need legal representation in a criminal case. For a free consultation with an experienced defense lawyer Rochester, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
Many people almost immediately plead guilty to speeding tickets to “get it over with.” Most drivers feel morally guilty in these situations as they know how fast they were traveling. Additionally, time is a more precious resource than money for many people. They would rather pay a small fine than spend a weekend in traffic court to dispute a ticket. But this is where a Rochester defense attorney can help you.
Many people don’t realize that a speeding ticket has significant collateral consequences. For example, one speeding citation might cause your auto insurance premiums to increase as much as 25 percent. [1] Furthermore, many people do not know how many effective speeding ticket defenses are available. More on that below.
To answer the questions, a Rochester defense attorney can technically undo a guilty plea, even if several months have elapsed. But the process is difficult, to say the least. Partnering with an attorney prior to a guilty plea is a much better option. A Rochester defense attorney can usually arrange a plea to a lesser-included offense or even get the ticket thrown out of court.
Setting Aside a Guilty Plea
Different rules apply in different municipal courts throughout Upstate New York. However, in most cases, if the defendant files a request within thirty days, the trial judge can set aside the guilty plea.
Normally, the defendant must show good cause. Examples include a procedural error that affected the outcome of the case, a prosecutor who withheld exculpatory evidence, and a judge who gave the defendant incorrect information about the law.
If the defendant did not have a Rochester defense attorney prior to the plea, there is an outside chance one of these arguments might succeed. But the odds are not good. A defendant could appeal an adverse ruling to dispute a ticket. But appeals courts almost always uphold controversial judicial decisions, unless the judge was way off the rails.
Habeas Corpus Petition
After the time for a motion to set aside a guilty plea expires, defendants could file a petition for habeas corpus. These petitions typically restate the arguments which would have been used in a motion to set aside the guilty plea.
Once again, these petitions have an outside chance of success. That’s especially true if the defendant had a legally incompetent defense attorney. Inexperience does not make a lawyer incompetent, at least in this context. Instead, the defendant must normally show that the attorney was under the influence of a substance or that the attorney was not licensed to practice law at the time.
Rochester Defense Attorneys and Speeding Ticket Defenses
There is a significant difference between moral guilt and legal guilt. Moral guilt is that “I did it” feeling. Legal guilt is a matter of what the state can prove beyond a reasonable doubt. Some possible defenses in speeding ticket cases include:
Ignorance of Fact: Yes, ignorance of the law is no excuse. However, if the driver did not see a speed limit sign, perhaps because a tree obscured it or it had been vandalized, the speeding charges might not hold up in court.
RADAR Issues: Most speeding tickets rely on RADAR enforcement. These gadgets are not perfect. They all have a certain margin of error. Furthermore, if an officer aims a RADAR gun at a cluster of cars, the results prove one of them was speeding. But they do not prove which one of them was speeding.
Reasonable Speed: The posted limit is presumptively a reasonable speed. In some cases, a Rochester defense attorney can convince a judge that a higher speed was reasonable, perhaps because traffic was very light and the sky was crystal clear.
There could also be technical issues with the citation. For example, most city police officers do not have the legal authority to issue citations outside the city limits.
Count on a Dedicated Rochester Defense Attorney
A guilty plea is not necessarily the last word in a speeding ticket case. For a free consultation with an experienced Rochester defense attorney to dispute a ticket if it was already paid, contact the Law Office of Frank Ciardi. Home, virtual, and after-hours visits are available.
Field sobriety tests (FSTs) are important in a DUI arrest. Although they are not fail-proof, they are considered one of the best ways to check impairment. A DUI attorney Rochester can help you understand your rights and whether or not you need to take an FST if pulled over for a DUI.
Understanding how FSTs Work
In Monroe County, DUI arrests have either two or three components. First, there is the initial stop. This step usually involves a traffic violation or a DUI roadblock detention. Second, there is a DUI investigation. This step always involves the three approved field sobriety tests outlined below. [1] Third, there is a chemical test. Most defendants agree to provide a breath or blood sample.
So, FSTs play a critical role in this process. They either serve as probable cause for the chemical sample request or, if the defendant refuses to provide the sample, they serve as evidence at trial. Prosecutors must somehow use the field sobriety tests to prove guilt beyond a reasonable doubt.
As such, challenging the FST results is an important component of a defense strategy from a DUI attorney Rochester. Officers invariably testify that the defendant “failed” the FSTs. But the jury also reviews and grades the defendant’s performance.
Unapproved Tests
It is important to understand that not all tests given at DUI stop are helpful to take. Before we discuss the approved FSTs, we should look at some unapproved tests, such as the Romberg balance test (eyes closed, head back, and arms extended test).
Since this test is not part of the National Highway Traffic Safety Administration’s three-test battery, it has essentially no scientific credibility. As such, a DUI attorney Rochester can usually exclude the test results.
Sometimes, however, it is better to cross-examine the administering officer. Romberg’s balance test deprives the defendant of proprioception (knowing one’s body position in space), vestibulation (knowing the position of one’s head), and vision. Many officers are unfamiliar with these terms. If they cannot adequately convey their meaning to jurors, which is a distinct possibility, jurors often suspect that the state is trying to railroad the defendant.
Other unapproved FSTs include reciting the ABCs, counting backward, and answering trick questions.
DUI Attorney Rochester and Approved FSTs
Many officers know unapproved tests might not be admissible in court. Yet they force defendants to do them anyway. They wear out the defendant mentally and physically, so the defendant does worse on the tests that count.
Horizontal Gaze Nystagmus: Most people have undergone an HGN test. Subjects must track moving objects by moving their eyes and keeping their heads still. If the subject’s pupil moves involuntarily at certain viewing angles, the subject probably has nystagmus. The problem here is that alcohol is not the only cause of nystagmus. In fact, it is not even the leading cause.
One Leg Stand: The defendant must stand on one leg for about fifteen seconds, without swaying or using arms for balance. Frequently, officers declare that the defendant failed this test because of a technicality, like elevating the wrong leg or holding it at the wrong angle.
Heel to Toe Walk: This test, which is also called the walk and turn, is a lot like the one-leg stand. Subjects must walk a straight line heel to toe without using their arms for balance or swaying. Test conditions often affect the outcome. For example, it is much harder to walk an imaginary line than an actual line, like a parking lot stripe.
Many people do not know that thanks to the Fifth Amendment, they can refuse to perform these tests. Most likely, that refusal will lead to an immediate arrest, but an arrest was probably inevitable at this point. If there are no field test results, there is generally no evidence that establishes probable cause for the arrest, and the state’s case could collapse like a house of cards.
Reach Out to a Diligent Attorney
The FSTs are often critical evidence in a drunk driving prosecution. For a free consultation with an experienced DUI attorney Rochester, contact the Law Office of Frank Ciardi.
