News and Updates from Law Offices of Daniel A. McGuinness, PC

DWI Refusal Hearing FAQs

May 17, 2016 in DWI, Frequently Asked Questions
DWI refusal hearing

If you’re pulled over for a DWI in New York and refuse to take a breathalyzer test or chemical test, you may be subject to a DWI refusal hearing.  Here’s a quick Q&A about that process: Question: If I am pulled over by the police in NY, do I have to submit to a chemical […]

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Prisoners’ Constitutional Rights to be Free from Sexual Abuse Protected by Second Circuit

August 11, 2015 in Civil Rights, Victories
CRAWFORD V. CUOMO

The Second Circuits Ruling in Crawford v. Cuomo Today Clarifies that Any Sexual Abuse of a Prisoner is a Constitutional Violation A terrific ruling today in Crawford v. Cuomo protects prisoners’ constitutional rights to be free from sexual abuse.  It should seem obvious, but some federal courts have missed the fact that intentional sexual touching of an inmate […]

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Lesser Included Offenses

August 4, 2015 in Assault, DWI, Frequently Asked Questions
LESSER INCLUDED OFFENSES

In many cases when you are charged with a crime, you may notice that there are also a number of other, similar charges against you.  These additional charges are known as lesser included offenses. You may ask, why am I being charged for multiple crimes following a single incident?  For example, if you are charged with […]

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The Daily News Reports on our NYC Breathalyzer Findings

July 24, 2015 in DWI, News
intoxilyzer machine

The Daily News recently reported on our work uncovering and analyzing the NYPD’s Intoxilyzer records. In our recent legal battle to procure NYC DWI Records, we found many disturbing issues with the Intoxliyzer machines regularly used to determine if a driver is legally drunk.  Not only did we learn that some Intoxilyzer machines weren’t rendering proper results, […]

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New York City Intoxilyzer Breath Testing Records Now Available Online!

May 9, 2015 in DWI, Freedom of Information
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 in DWI, Freedom of Information, Victories
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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