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April 2013 Archives


As a Criminal Lawyer in Queens New York, The Miranda Warnings is an important aspect of almost every case that I handle. In a nut shell, the police must read a suspect that is in police custody his or her Miranda warnings prior to questioning that suspect. The basis of this rule comes from a very famous case of Miranda versus Arizona.

Actress Reese Witherspoon Arrested

Oscar-winning actress Reese Witherspoon was arrested and charged with Disorderly Conduct In the state of Georgia. In New York that charge is covered under the NYS Penal Law section 240.20, which is a violation, not a crime. The actress is accused of getting out of her car, and speaking to the law-enforcement officer, a Georgia state trooper, when her husband was pulled over for suspicion of DUI. She was asked to remain in the car. When she exited the car, she was asked to get back into the car. She allegedly refused that order. It has been reported that she said to the law-enforcement officer, "Do you know my name? State Trooper Pyland stopped Toth, 42, after allegedly seeing him weave in and out of his lane of traffic as he drove through the city's Buckhead community, according to the arrest report. Toth was charged with suspicion of DUI. Toth's eyes were allegedly bloodshot, and his clothing disheveled, Pyland wrote in his report. Both coordination tests and a breathalyzer test was administered to Toth. The test registered 0.139, well above the legal limit of 0.08 for a driving under the influence charge, the report said.
Ms. Witherspoon was charged with Disorderly Conduct.

A View of the Boston Marathon Bombing of Monday, April 15, 2013, from a Queens Criminal Lawyer: The Hunt is Over

This unfortunate and tragic incident triggered a multi-police investigation, and a manhunt of grand proportion in modern day history. As I write this blog the police in Watertown, Massachusetts, have moved in on a suspect hiding on a boat and have stated there is a "suspect in custody". An ambulance is on the scene, this time for the suspect. This is the 19 year old suspect law enforcement have been tracking for over 20 hours since Thursday night, April 18, 2013, after shooting and killing his older brother, Tamerlan Tsarnaev. The brothers were reported throwing explosives devices at police during the brothers' getaway attempt, which also involved over 200 rounds of ammunition. It seems that there is a confirmation that the person is in fact the 19 year old bombing suspect, Dzhokhar A. Tsarnaev.

Reckless Driving Or Not? Ask A Queens Criminal Lawyer

The NYPD has been recently issuing numerous Reckless Driving Pink Summonses answerable in the Summons Part of New York City Criminal Courts, rather than issuing the appropriate summons for the specific Vehicle and Traffic infraction involved in the NYS Traffic Violations Bureau. So if someone was backing up their car down a one way street looking for a parking spot a few years ago, he or she might have received a traffic violation summons for driving the wrong way on a city street. Instead, today, for that same conduct, one might be issued a pink summons for a MISDEMEANOR RECKLESS DRIVING CHARGE, which is a criminal offense that can leave you with not only five points on your driving record, able to be considered a "serious driving offense" under the new DMV Regulations leading to increased and a possible lifetime license revocation, cause an increase in insurance rates, high fines, surcharges, and driver assessment fees, and if that is not enough, worst of all, if convicted, will leave you with a permanent and life long criminal record.

The Breathalyzer Test: To Blow or Not to Blow?

That is the question. It is a question asked of me, a QUEENS CRIMINAL LAWYER, by many clients. My answer? Ask five different Criminal Lawyers in Queens, you will get 5 different answers. Why you ask? Because there are so many variables to consider whether one stopped or arrested for DWI in Queens should take a Breathalyzer Test or not. Additionally, each attorney harbors their own personal opinion and defense strategy when it comes to answering that question. What are some of the variables I consider as a QUEENS DUI LAWYER? Here are some:

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Law Office Of Luke Scardigno
123-60 83rd Avenue Suite 1T
Kew Gardens, NY 11415

Phone: 718-414-6186
Phone: 917-836-8924
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