In a New York DWI case, the prosecutor must also prove the fact that the accused was in fact operating a “motor vehicle.” If it cannot be shown that a motor vehicle was operated, a DWI drunk driving case will not stand up in court.
In New York, “Motor Vehicle” is defined in Section 125 of the Vehicle and Traffic Laws. “Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power” with a few specific exception. This includes automobiles, trucks, motorcycles, mopeds, and motorized scooters. Bicycles and horses are not motor vehicles under New York’s drinking and driving laws.
Client’s breath test was a 0.19 BAC
Client alleged to have nearly collided with police cruiser
Arrest at DWI checkpoint stop
Assault case alleging substantial injuries
Client’s cellphone searched at border related to cocaine smuggling charges
Prisoner civil rights case following sexual assault by a prison guard
Federal murder charges related to racketeering conspiracy
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