Criminal Law | New York Criminal & Securities Attorney

Are Field Sobriety Test Results Admissible In New York State DWAI and DWI Prosecutions? – A Case Study

Are Field Sobriety Test Results Admissible In New York State DWAI and DWI Prosecutions? – A Case Study

By Kevin J. Deloatch, Esq.|2023-08-30T08:48:13-05:00August 29th, 2023|Tags: admissible, BAC, blood alcohol concentration, BrAC, breath alcohol concentration, breathalyzer, chemical test, chemical test of the breath, crime, criminal record, driving under the influence, driving while ability impaired, driving while intoxicated, drunk driving, DUI, DWAI, DWI, evidence, field sobriety test, HGN, Horizontal Gaze Nystagmus, impaired, misdemeanor, New York, OLS, One Leg Stand test, standardized field sobriety tests, test results, Vehicle and Traffic Law, violation, VTL 1192, Walk and Turn test, WAT|

Are the results of Standardized Field Sobriety tests admissible as evidence in prosecutions for DWAI and DWI in New York State? That is one of the [...]

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The Walk and Turn Standardized Field Sobriety Test Under New York Law

The Walk and Turn Standardized Field Sobriety Test Under New York Law

By Kevin J. Deloatch, Esq.|2023-08-29T13:29:33-05:00August 29th, 2023|Tags: alcohol, arrested, balance, criminal defense attorney, Department of Motor Vehicles, divided attention test, DMV, driving under the influence, DUI, heel to toe, motor skills, National Highway Traffic Safety Administration, New York, NHTSA, procedures, SFST, Standardized Field Sobriety test, suppressed, Walk and Turn test, walking a straight line, WAT|

Have you been arrested for driving under the influence (DUI) in New York state and asked to perform the Walk and Turn (WAT) standardized field sobriety [...]

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The Horizontal Gaze Nystagmus Standardized Field Sobriety Test In New York State – HGN

The Horizontal Gaze Nystagmus Standardized Field Sobriety Test In New York State – HGN

By Kevin J. Deloatch, Esq.|2023-08-30T15:08:51-05:00August 29th, 2023|Tags: driving privilege, driving privileges, driving under the influence, DUI, evidence, HGN, Horizontal Gaze Nystagmus, implied consent, intoxication, involuntary jerking, jerking of the eyes, National Highway Traffic Safety Administration, NHTSA, People v. Hillman, SFST, Standardized Field Sobriety test, standardized field sobriety tests, stimuli, stimulus, under the influence, Vehicle and Traffic Law, VTL 1192|

Have you been arrested for driving under the influence (DUI) in New York state and asked to perform the Horizontal Gaze Nystagmus (HGN) standardized field sobriety [...]

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The Breathalyzer Test and Its Results Under New York State DWAI/DWI Laws

The Breathalyzer Test and Its Results Under New York State DWAI/DWI Laws

By Kevin J. Deloatch, Esq.|2023-08-29T13:02:54-05:00August 29th, 2023|Tags: 10 NYCRR 59.5(b), BAC, blood alcohol concentration, BrAC, breath alcohol concentration, breathalyzer, chemical analysis, chemical test, chemical test of the breath, department of health, Department of Motor Vehicles, DMV, driving under the influence, driving while ability impaired, driving while intoxicated, DUI, DWAI, DWI, felony, metabolized, misdemeanor, National Highway Traffic Safety Administration, New York, NHTSA, proper foundation, SFST, Standardized Field Sobriety test, violation, VTL1192|

Have you been arrested for driving under the influence (DUI) in New York state and asked to take a breathalyzer test? What is a breathalyzer test and [...]

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The One Leg Stand Standardized Field Sobriety Test Under New York Law

The One Leg Stand Standardized Field Sobriety Test Under New York Law

By Kevin J. Deloatch, Esq.|2023-08-29T14:17:01-05:00August 28th, 2023|Tags: arrested, balance, Department of Motor Vehicles, divided attention test, DMV, driving under the influence, DUI, implied consent, National Highway Traffic Safety Administration, New York state, NHTSA, OLS, One Leg Stand test, operating a motor vehicle while under the influence of alcohol or drugs, penalties, raise one foot, SFST, Standardized Field Sobriety test|

Have you been arrested for driving under the influence (DUI) in New York state and asked to perform the One Leg Stand (OLS) standardized field sobriety [...]

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Increased Scrutiny of Securities Recommendations by Social Media Influencers

Increased Scrutiny of Securities Recommendations by Social Media Influencers

By Kevin J. Deloatch, Esq.|2022-12-28T12:03:35-05:00December 16th, 2022|Tags: 10b-5, Andrew Fassari, antfraud, artificially increase, Atlas Trading Discord, Department of Justice, DOJ, expert trader, false and misleading information, influencer, investigation, meme stock, meme stocks, parallel investigation, price, pump and dump, recommendation, SEC, Securities Act of 1933, Securities and Exchange Commission, Securities Exchange Act of 1934, securities fraud, Social Media, Southern District of Texas, stock tip, stock trading, Twitter, Twitter followers|

Securities regulators and law enforcement have stepped up their efforts in combating securities fraud through social media influencers and their recommendations. The rise of social media [...]

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New York Criminal Defense Attorney – Domestic Violence Assault

New York Criminal Defense Attorney – Domestic Violence Assault

By Kevin J. Deloatch, Esq.|2021-05-06T22:02:38-05:00May 6th, 2021|Tags: assault, assault in the third degree, class A misdemeanor, criminal defense attorney, domestic violence, free consultation, harassment, harassment in the second degree, misdemeanor, New York, NY Penal Law 120.00, third degree assault, wrongfully accused|

If you or someone you know has been wrongfully accused of domestic violence assault in New York, hiring a good criminal defense attorney is a necessity [...]

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How Does Bias Affect The Stages of A Criminal Proceeding?

How Does Bias Affect The Stages of A Criminal Proceeding?

By Kevin J. Deloatch, Esq.|2021-04-19T19:54:35-05:00April 19th, 2021|Tags: bias, conscious bias, criminal case, criminal defense attorney, criminal proceeding, false arrest, jogging perceived as fleeing, mistaking cellphone for gun, mistaking cellphone to be a gun, unconscious bias, witness perception, wrongfully killed|

The U.S. is becoming more aware of the profound effects that bias, both conscious and unconscious, has on our daily lives. From shopping to traveling – [...]

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Competent Legal Counsel: Misdemeanor Speedy Trial Time Under New York Law

Competent Legal Counsel: Misdemeanor Speedy Trial Time Under New York Law

By Kevin J. Deloatch, Esq.|2021-05-01T14:27:19-05:00March 13th, 2021|Tags: assault, assault in the third degree, attempted assault, attorney, criminal contempt, criminal defense attorney, criminal mischief, defense attorney, First Standard Financial Company, harassment, misdemeanor, New York, NY Penal Law 120.00, NY Penal Law 145.00, NY Penal Law 240.26, NY Penal Law 515.50, speedy trial, unlawful imprisonment|

The facts and circumstances of every criminal case are unique. Regardless of this fact, the skill and competence of your defense attorney plays a large part [...]

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Competent Legal Counsel: Driving While Under the Influence (DUI) in New York

Competent Legal Counsel: Driving While Under the Influence (DUI) in New York

By Kevin J. Deloatch, Esq.|2021-03-02T12:16:33-05:00March 2nd, 2021|Tags: arrested, breathalyzer, charged, criminal defense attorney, driver's license, driving privileges, driving under the influence, DUI, DWI, immigration, New York, operating a motor vehicle while under the influence of alcohol or drugs, VTL 1192|

Being arrested and charged with driving under the influence is an extremely stressful situation. Depending on the facts and circumstances of your arrest and your driving [...]

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