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Queens Criminal Law Blog

DUIs and medical conditions: Mimicking the effects of alcohol

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Tuesday, January 29, 2019.

As someone who lives with a medical condition, you know that some of your symptoms can mimic intoxication. For the most part, this isn't a problem, because you're able to treat the condition before it causes those effects. For example, if you're diabetic, taking insulin or eating can resolve any unusual symptoms. Similarly, those with epilepsy may be able to take medications that reduce the likelihood or severity of seizures that could make them act in unusual ways.

Judges, medical providers and even the police know that medical conditions can lead to the appearance of intoxication. Officers are trained to recognize when a person needs medical care, but they won't always be able to distinguish that right away. It is important to carry a medical card on hand and to have it where it's easy to find. Additionally, you should attempt to explain what's happening or call 911 as soon as you realize that you are having complications of your medical condition.

Know the statistics: Domestic violence in New York

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Wednesday, January 2, 2019.

As you probably know, domestic violence is a problem in many homes in America. If you were accused of causing violence in your home, this can lead to serious charges and penalties.

The reality is that you are not alone when it comes to facing charges for domestic violence. Police agencies outside New York City reported 27,161 offenses by intimate partners in 2017. Of those, women were the victims in 80 percent of the cases, while men made up the remaining 20 percent of victims.

Know your rights when facing a DUI: Penalties add up

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Monday, December 3, 2018.

All of the states have laws regarding excessive alcohol use before driving. Federally, the legal limit is .08 percent. You may realize that you can end up with a DUI or DWI for driving while intoxicated. These charges are normally the same, though they may be different across states.

One thing that many people don't realize is that you can get a DUI without reaching the .08 percent limit. If a person is intoxicated enough that their driving is dangerous or reckless, then the police have the potential to take them off the road, take them to the station and penalize them with a DUI charge.

A conviction isn't simple: Here's what you should know

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Wednesday, October 31, 2018.

Drug crimes in New York have the potential to affect your life in many ways. You may end up losing your freedoms and going to jail, or you could end up paying thousands of dollars in fines and fees.

What's most important for people to know is what it takes to obtain a conviction. It's impossible for the prosecution to get a conviction without the right evidence or support for their claims. For example, there can be an accusation that you had heroin in your possession, but if the evidence goes missing, there's nothing that the prosecution can do to hold you accountable.

False accusations: Ruining reputations in an instant

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Wednesday, October 3, 2018.

There is nothing quite as shocking as being falsely accused of abusing another person. What was an innocent argument between spouses could become the center of allegations just because your spouse wants to put you on the spot or protect their own interests when they file for divorce. Some people want to slander you and make you look bad to others as a way of punishing you, even if you don't deserve it.

Still, false allegations are serious business. There is no reason that you should be falsely accused of a crime, even if the other person is angry at you. This is a disgusting act to commit against another person.

Watch out for secondary effects from DWI charges in New York

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Tuesday, September 4, 2018.

Getting arrested for driving while intoxicated (DWI) in New York is serious. After all, there are a host of potential legal consequences, ranging from fines and jail time to the loss of your license. Many people focus immediately on minimizing the criminal consequences of their charges.

Fewer people stop to think about the potential long-term social consequences and other secondary consequences not directly a result of a criminal conviction. Unfortunately, that short-sighted approach can lead people to do things, such as pleading guilty, that could end up hurting them in the long term. You could lose out on a job or end up paying a lot more for car insurance.

Refusing a roadside breath test won't prevent a New York DUI

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Thursday, August 2, 2018.

Most people already understand that a driving under the influence (DUI) charge in New York could be a major issue. After all, depending on your record, the DUI could mean jail time, major fines and the loss of your license. Some people could also lose their jobs due to a serious criminal conviction.

If you get pulled over by law enforcement or caught up in a roadblock enforcement effort, you may worry about the consequences of the traffic stop. It might seem like a good idea to refuse a chemical test if the officer who speaks with you requests one. This is particularly true if the officer has already performed a field sobriety test and you didn't do well.

Emotional abuse can get you into trouble with the law

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Sunday, July 8, 2018.

When people talk about abuse, they usually think about physical abuse. The reality is that a person can be charged with domestic violence for anything from emotional abuse to physical violence.

Emotional abuse is sometimes more significant than physical violence in terms of how it shapes a person's future and health. Emotional abuse doesn't leave physical marks, but it can be a sign that physical abuse may become possible. Often, those who are abusive in one manner or other will begin to increase abusive activity and advance to physical abuse from non-physical forms.

DWI defense: Understanding a Breathalyzer

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Thursday, June 7, 2018.

If you go out to have drinks with friends, then you're probably familiar with when you begin to feel tipsy or when you've had too much to drink. Any time you're impaired, it's a bad idea to get behind the wheel of a car, since you could face a DWI. However, the last time you went out, you didn't feel the effects of alcohol as much as usual. You felt fine enough to drive.

When the officer pulled you over, it wasn't long until he used a Breathalyzer on you. It came back with different readings each time, one at .07, another at .09 and one at .04. Based on what he saw, he placed you under arrest, but was that really fair?

Verbal abuse can ruin a solid reputation

On behalf of Luke Scardigno of Law Office of Luke Scardigno on Wednesday, May 9, 2018.

Domestic violence isn't just physical. It can be verbal, too. Allegations of verbal abuse can be damaging to your reputation, even if they end up proving untrue. As someone with your professional future in mind, it's vital that you protect yourself regardless of the kind of abuse you're accused of committing.

Verbal abuse isn't talked about as often as physical abuse, but it can be just as damaging as any physical violence. Verbal abuse is seen as a manipulation technique and something abusers use to control their victims.

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