Legal Guides
Breath Test Results Can be Manipulated
Written by attorney Michael Cohen, 5 days ago.
The use of breath testing machines in OWI/DUI cases is quite common. Yet, these machines are far from the reliable devices. One of many examples of that unreliability is the fact that the results will vary depending upon the breathing pattern of the person being tested. Read More
Horizontal Gaze Nystagmus (Brief Overview)
Written by attorney Michael Cohen, 5 days ago.
In a series of blogs, a number of years ago, renowned DUI attorney Lawrence Taylor discussed the general basics of the HGN or the "eye test" in DUI investigations. This is the nystagmus field sobriety tester, more accurately (there are 47 different kinds of nystagmus), the horizontal... Read More
Commonly administered OWI field sobriety tests
Written by attorney Michael Cohen, 11 months ago.
Counting- The suspect is asked to count forwards or backwards, usually by ones or threes. Signs of impairment include (1) skipping letters, (2) loss of concentration, and (3) slurred speech. This is not a particularly accurate or reliable sobriety test. Finger to Nose- The su... Read More
What Makes The Police Think A Driver May Be Drunk?
Written by attorney Michael Cohen, 11 months ago.
There are many factors which the police look at. Lack of Driving Skill Making wide turns, Almost striking another vehicle, particularly if it is parked or stopped, Almost striking an object, Braking erratically, or making sudden stops in the traffic lane, Sudden acceleration o... Read More
Minor Crime Is a Major Ordeal
Written by attorney Michael Cohen, 11 months ago.
What happens when a minor is accused of a crime Criminal defendants who haven't quite reached the age of majority (18 in most states) go through a different criminal justice system than the one most people are familiar with. Here is an introduction to what goes on in the "juvenil... Read More
Police Misconduct and Civil Rights
Written by attorney Michael Cohen, 11 months ago.
Police officers generally have broad powers to carry out their duties. The Constitution and other laws, however, place limits on how far police can go in trying to enforce the law. As the videotaped beating of motorist Rodney King, in Los Angeles and several recent cases in New Y... Read More
Legal Challenges to Juvenile Curfew Laws
Written by attorney Michael Cohen, 11 months ago.
In recent years, a number of local juvenile curfew laws have been challenged on the grounds that the laws violate the First Amendment and other guarantees provided under U.S. and state constitutions. The American Civil Liberties Union (ACLU) and other civil rights groups have pla... Read More
Juvenile Curfew Laws - The Basics
Written by attorney Michael Cohen, 11 months ago.
Juvenile curfew laws are local ordinances that prohibit people of a certain age (usually under 18) from being in public or in a business establishment during certain hours (such as between 11:00 p.m. and 6:00 a.m.). Juvenile curfew laws are almost always enacted at the local leve... Read More
Juvenile "Waiver" (Transfer to Adult Court)
Written by attorney Michael Cohen, 11 months ago.
One of the more hotly debated subjects with regard to juveniles has to do with the option to waiver to adult court. Currently, there are three mechanisms by which a juvenile's case may be waived to an adult court. Judicial Waiver Offenses A judicial waiver occurs when a juvenile ... Read More
Police Questioning of Minors
Written by attorney Michael Cohen, 11 months ago.
Everyone knows the iconic phrase "you have the right to remain silent." It is usually the first thing that police tell someone when taking them into custody, and it makes up one of the several rights - commonly known as "Miranda rights" - that people have when in police custody. Read More
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