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  • The use of force in self-defense is known in the law as “justification”. The “black letter” law is found in Penal Law §35.15 (http://codes.lp.findlaw.com/nycode/PEN/ONE/C/35/35.15). The cases interpreting this law are legion. Justification is often misunderstood, even among attorneys and judges. The dynamics of violent encounters have practical complexities most legal professionals are not trained to […]

  • Can over-the-counter medicines get you arrested for DWI? In a word, yes. I recently defended a driver whose BAC (blood alcohol content) should not have been as high as the breath test revealed. She hadn’t had enough drinks to account for the reading. It turned out she had ingested alcohol from an over the counter […]

  • I have written before about when an officer can search one’s car: 1) With probable cause to believe a crime has been committed and the evidence is in the car; 2) With a warrant signed by a judge based upon an affidavit showing the car is likely to contain evidence), and 3) With one’s consent. […]

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