The
Overall Timeline of a New York State DWI Refusal Case
ü Initial Appearance and Suspension of
Driving Privileges
Court date set on UTT (Uniform Traffic
Ticket)
ü Demand for Discovery (Evidence) and Bill
of Particulars
This occurs after your attorney enters
their notice of appearance with the Court. The prosecution has fifteen days to
respond although depending on the county this may take more or less time.
ü DMV Administrative Refusal Hearing and
License Revocation
This occurs within fifteen days of the
initial criminal court appearance.
ü Pre-Trial Conference between Judge,
Prosecutor, and Your Attorney
This generally occurs within four to six
weeks of the initial court appearance.
ü Filing of Omnibus Motion (Suppression
Pre-Trial Motions)
All pre-trial motions MUST be filed within
forty five days of the initial criminal court appearance.
ü Suppression Hearing
This may occur with one to two months of
the filing of the Omnibus Motion.
ü Pre-Trial Conference between Judge,
Prosecutor, and Your Attorney
This may occur anytime after the filing of
the Omnibus Motion and/or the Suppression hearing.
ü Trial (Bench or Jury)
This may occur one to two months following
the suppression hearing.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 400 blog posts, dozens of articles, and over 330 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
607.229.5184
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