Breathalyzer Records Granted in Bronx DWI Case

January 16, 2015
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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 […]


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 […]


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 […]


“A View from the Bench”: Observations on an Oral Argument

December 2, 2014

To view an event “from the bench” in sport means watching from the sidelines. On November18th , I had the privilege of watching from the sidelines as Daniel McGuinness capably argued an important Freedom of Information Law case before the New York Appellate Division – First Department: Law Offices of Adam D. Perlmutter, P.C. v. […]


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 […]


Battle for the Breathalyzers Records Round 2: NYPD Launches Appeal

July 15, 2014

The NYPD just doesn’t want you to know what’s going on with their breathalyzer machines. Last year we scored an important victory in our fight for government transparency when New York Supreme Court Justice Doris Ling-Cohan ordered the NYPD to produce all records of maintenance and inspection for every Intoxilyzer machine in the city.  The […]


Is Digital Privacy As Good As Gone?

January 22, 2014

Whether you agree with Edward Snowden’s actions leaking information on classified NSA programs or not, it is hard to argue with the fact that he has started a debate on civil liberties issues in the United States.  For more on the parameters of the debate, you may want to look at the piece that our […]


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 […]


When Can Police Conduct a Search Without a Warrant?

January 2, 2014

In a previous post, we discussed search warrants in detail. A search warrant is a legal document that gives law enforcement officers judicially sanctioned authority to conduct a search for evidence of a crime. In general, police need to have a search warrant in order to conduct a search. This requirement is based on the […]