The Police Violated My Constitutional Rights. Can I Sue?

November 9, 2016
police

The simple answer is: yes, you may be able to sue if the police have violated your constitutional rights. Let’s explore that further. In New York, we rely on police officers and other state law enforcement officials to enhance our quality of life, enforce the laws of New York and the United States, preserve peace […]

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My Driver’s License Was Suspended. How Do I Get It Back?

May 24, 2016
License Suspended

If your New York State driver’s license was suspended in relation to a DWI or DUI related crime, the process for getting it back will depend on why it was suspended in the first place.  Regardless of the cause, an experienced DWI lawyer will always help your case. Suspended License Due to Failing a Chemical […]

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Top 5 Things To Do If You Are Arrested For Assault

March 8, 2016
arrested for assault

  You’re having a heated argument, when suddenly things turn physical and the next thing you know, you have a voicemail from a detective telling you to come down to the precinct. Here are the top five tips for what to do if you have been or are about to be arrested for an assault in […]

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New York City Intoxilyzer Breath Testing Records Now Available Online!

May 9, 2015
BREATHALYZER RECORDS GRANTED IN BRONX DWI CASE

All NYPD Intoxilyzer records are now available to the public.  Following our lengthy legal battle, Law Offices of Daniel A. McGuinness, PC is now exclusively hosting all of the maintenance, repair and calibration records for the Intoxilyzer 5000EN breath testing machines used by the NYPD.  We currently have all records from January 2008 to August 2012, and will […]

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Breathalyzer Records Granted in Bronx DWI Case

January 16, 2015
BREATHALYZER RECORDS GRANTED IN BRONX DWI CASE

Today we received a Decision and Order from the Bronx County Criminal Court granting our discovery requests for all materials related to the Intoxilyzer 5000EN machine used to test our client’s breath on the night of his arrest.  As with many DWI cases, the prosecutor fiercely resisted our attempts to see the documents related to […]

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The Passing of our Friend and Client, Sharrif Wilson

January 11, 2015

On January 10, 2015, Sharrif Wilson died at Mt. Sinai hospital in Manhattan. Sharrif’s passing comes almost a year after his exoneration and release from prison where he spent almost 23 years for three murders he did not commit. Over the past few years, we have been fortunate to spend time with Sharrif and get […]

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Appellate Court Rules Breathalyzer Materials Must be Disclosed

December 11, 2014

Earlier today the New York State First Appellate Division affirmed the lower court and ordered that the NYPD turn over the breathalyzer maintenance records we have been fighting for.  Today’s decision found the NYPD’s claims that the release of the documents would interfere with pending DWI matters completely unsupported. We began this fight over two […]

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Discovery decision uncovers prosecutorial wrongdoing

November 12, 2014

After nearly a year of stalling, the New York County District Attorney’s Office has finally asked the NYPD what New York law has required for decades: Has the breath machine in a specific case ever been repaired? However, when the answer is “Yes”, the Manhattan DA’s Office is still trying to avoid fulfilling its legal […]

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Should I Take a Breath Test?

January 6, 2014

More than any other question in DWI, clients, friends, and colleagues always ask: “If I get stopped for suspicion of DWI, should I take the breath test?”  It is an easy question but not one with easy answers.  Like many things in life, it depends.  Hopefully, the comments below will give you some guidance. New […]

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