CRIMINAL LAW AND TRAFFIC VIOLATIONS
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1 THE PEOPLE S LAW SCHOOL What everyone needs to know CRIMINAL LAW AND TRAFFIC VIOLATIONS Tuesday, December 13, 2005 Peter A. Gerstenzang, Esq. Gerstenzang O Hern Hickey & Gerstenzang Albany, New York Presented by the New York State Bar Association
2 CRIMINAL LAW AND TRAFFIC VIOLATIONS by 210 Great Oaks Boulevard Albany, New York (518)
3 NEW YORK STATE BAR ASSOCIATION S PEOPLE S LAW SCHOOL CRIMINAL LAW AND TRAFFIC VIOLATIONS Presented by: 210 Great Oaks Boulevard Albany, New York (518) DECEMBER 13, DO THEY NEED A REASON TO PULL ME OVER OR CAN THEY JUST STOP ME FOR A ROUTINE TRAFFIC CHECK? 2. IF THEY DO PULL ME OVER, WHAT DO I DO? 3. CAN THEY ORDER ME TO GET OUT OF THE CAR? -WHAT IF I AM JUST A PASSENGER? 4. DO I HAVE TO ANSWER THEIR QUESTIONS? -AREN T THEY SUPPOSED TO READ ME A MIRANDA WARNING? 5. HOW DO I HANDLE A SPEEDING TICKET? -WHAT IF I WASN T SPEEDING? -SHOULD I GET A LAWYER, OR GO TO COURT MYSELF? -SHOULD I PLEA BARGAIN OR GO TO TRIAL? -HOW DOES RADAR WORK? 8. I HAVE HEARD OF PEOPLE BEING ACCUSED OF SHOPLIFTING AND HELD BY STORE SECURITY PERSONNEL. DO THEY HAVE POLICE POWERS? -I HAVE HEARD THAT THESE STORE DETECTIVES GET PEOPLE TO SIGN CONFESSIONS WITHOUT READING THEM THEIR MIRANDA WARNING. CAN THEY USE THESE STATEMENTS IN COURT? 1 GERSTENZANG, O HERN, HICKEY & GERSTENZANG 210 GREAT OAKS BOULEVARD, ALBANY, NEW YORK 12203
4 9. I GO OUT ON THE WEEKEND AND HAVE A FEW DRINKS. SHOULD I WORRY ABOUT DRIVING HOME? -HOW MUCH CAN I DRINK AND STILL PASS THE TEST? -SHOULD I EAT BEFORE DRINKING? -WILL FOOD MAKE ANY DIFFERENCE? 10. IF I AM STOPPED AFTER DRINKING, SHOULD I TAKE THEIR PORTABLE BREATH TEST? WHAT HAPPENS IF I REFUSE? 11. WHAT ABOUT THOSE PHYSICAL TESTS SUCH AS STANDING ON ONE LEG, SHOULD I DO THEM OR REFUSE? -WHAT HAPPENS IF I REFUSE? -WHAT ARE THESE TESTS ABOUT ANYWAY? 12. IF THEY DO ARREST ME, SHOULD I TAKE THE BREATH TEST AT THE STATION OR SHOULD I ASK FOR A BLOOD TEST? -SHOULD I REFUSE BOTH A BLOOD AND A BREATH TEST? 13. IF THEY DO ARREST ME, DO THEY HAVE TO HOLD ME IN JAIL OR CAN THEY LET ME GO? -HOW DOES BAIL WORK? 14. IF I AM ARRESTED FOR DRIVING WHILE INTOXICATED, DO I NEED A LAWYER TO REPRESENT ME FOR THE FIRST APPEARANCE IN COURT? -IF THE PRIVATE LAWYER THAT I CALL IS TOO EXPENSIVE, CAN I GET A PUBLIC DEFENDER? 15. IF I DO GET ARRESTED FOR DRIVING WHILE INTOXICATED, CAN THEY TAKE MY LICENSE BEFORE I AM FOUND GUILTY? 16. CAN MY LAWYER PLEA BARGAIN MY CASE, AND HOW DOES THAT WORK? 17. WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR? 18. HOW DOES THE GRAND JURY WORK? 19. HOW DO JAIL SENTENCES WORK? 2 GERSTENZANG, O HERN, HICKEY & GERSTENZANG 210 GREAT OAKS BOULEVARD, ALBANY, NEW YORK 12203
5 ABOUT THE PRESENTER Peter Gerstenzang is the senior partner in the Albany firm of Gerstenzang, O Hern, Hickey & Gerstenzang where he focuses on Criminal Defense with an emphasis on DWI cases and Vehicular Crimes. He commenced his legal career as a prosecutor for the United States Army in the Republic of Vietnam. From 1972 to 1975, he was an Assistant District Attorney for the County of Albany. Certified as a breath test operator, he taught at the New York State Police Academy in their Breath Test Training Program for 12 years. He is the Chair of the Traffic Safety Committee of the Criminal Justice Section of the New York State Bar Association. In addition, Mr. Gerstenzang is Board Certified* by the National College for DUI Defense, where he serves as a Regent. His book, Handling the DWI Case in New York, published by West Group, is considered a standard reference in the field of Driving While Intoxicated cases. Peter Gerstenzang is a regular lecturer for the Office of Court Administration Judges Training Program, the New York State Bar Association, and the New York State Association of Criminal Defense Lawyers. In addition, he lectures at the Zone 5 Police Academy and for various other law enforcement, defense and judicial organizations. (*The National DUI Defense College is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.)
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