CARPENTER LAW PLLC

attorneys & counselors at law

Family and Divorce

NYPD Directs Google to Stop Allowing Waze Users to Report DWI Checkpoint Locations

New York to lower the legal BAC limit from .08 to .05?

Not yet! But there’s a push to make it happen in the NY State Assembly. The current legal limit in NYS of .08 is the legal threshold and the generally […]

Can You Be Charged with DWI in New York if Your Car Was Not Moving?

That’s an easy one…absolutely! I get calls all the time from people who just don’t understand how they could be charged with DWI if the car wasn’t moving, for instance, […]

What Is Reasonable Doubt and What Does It Mean?

The jury in the federal trial of Paul Manafort recently asked the court a few questions specifically about the legal concept of reasonable doubt. (See the Washington Post article about […]

Do You Realize How Much Control Your Criminal Defense Attorney Has Over Your Case???

I’ve been doing this job for nearly 12 years now and I can tell you without hesitation that the overwhelming majority of people have absolutely no idea. Clients either think […]

How Much Does a Criminal Defense Attorney Cost?

I get it. Money is a huge concern. For everyone. I run a business so believe me, I get. We all want the best deal, the most we can get […]

What does it mean to “seal” a conviction?

As those of you who follow me have most likely already seen, New York recently began permitting the sealing of certain eligible criminal convictions. So, what does sealing mean and […]

What You Need to Know About Sealing a Conviction in New York

I get a lot of phone calls from people interested in sealing NY convictions from years ago that are still affecting their lives. Unfortunately, as much as I wish I […]

Can you seal or expunge convictions in New York State?

We’ve all made mistakes.  Unfortunately, for some of you those mistakes resulted in a criminal conviction (or two), maybe when you were younger (and dumber), but they are STILL preventing […]

The Hardship Privilege and the Conditional License – New York DWI

Hardship Privilege If you are alleged to have a blood alcohol content of .08 or higher (as a result of a properly administered chemical test of your breath, blood and/or […]

DWI Arrests, Chemical Tests and Your Qualified Right to Call an Attorney

You see the red and blue flashing lights quickly coming up behind you.  You stop breathing for a second.  He’s not coming for you…is he?  Sonafa…he IS coming for you. Your heart and […]

Police Video – the Good, the Bad and the Ugly

Regrettably, another professional athlete, Michael Floyd, formerly of the Arizona Cardinals and now New England Patriots, has been arrested for DWI/DUI. I’m sure many of you have seen the video […]

New York Bail or Recognizance: What It Is and How It Works

The first real issue that is addressed after someone has been arrested for and formally charged with a crime is that of bail or recognizance.  This is a determination ultimately […]

What You Need to Know About Your Order of Protection

An order of protection (“OP”) can come in different shapes and sizes.  But if one has been issued against you, you better damn well know exactly what you can and […]

Can a Police Officer Order You to Exit the Vehicle During a Traffic Stop?

Yes. In New York State (and, thanks to the U.S. Supreme Court, pretty much everywhere in the US) a police officer can order the driver and all passengers out of […]

“I Just Admitted Online to Kidnapping the Lindbergh Baby. That’s Confidential…Isn’t It?”

I’m a member of the attorney referral service, Avvo (www.Avvo.com – take a look a my profile, https://www.avvo.com/attorneys/12601-ny-todd-carpenter-1223354.html).  Maybe you’ve seen their commercials, some of them are pretty entertaining.  The purpose of sites like […]

Will You Be Required to Complete an Alcohol Evaluation if Arrested for DWI?

In NY it’s mandatory (VTL 1198-a) that anyone arrested for a violation of VTL 1192 (alcohol and drug related driving offenses) complete, at a minimum, an alcohol and substance abuse […]

Did I Provide a Breath Sample When I was Arrested for DWI or Not?!

“I blew into some sort of device on the night I was arrested!  I know I did!  I’m positive of it!  I don’t care how drunk, er, um, I mean, […]

Getting Arrested for DWAI-Drugs is Easier Than You Might Think!

Despite legalization at least to some extent in a great many states, the question of how to protect citizens from the careless and reckless use of marijuana by others still […]

Don’t Ignore Those DMV Suspensions! Ask this guy!

http://www.wicz.com/story/31924891/police-man-speeding-had-57-suspensions-on-license This guy should have called me a long time ago to get those suspensions lifted and clean up his license! He’d be a lot better off today if he […]

Can You Refuse to Perform Field Sobriety Tests?

Short Answer? Yep! But is that the smartest answer? Not necessarily.      There is no legal requirement (in NY anyway) that a driver suspected of driving while intoxicated perform […]

Is Crossing the Fog Line Illegal in New York?

Tennessee has made it illegal to touch and/or cross the fog line (the white line on the right side of the road near the shoulder) while operating a motor vehicle […]

Pay Attention To My Pretty Uniform, Not My Testimony!

I want to be clear from the outset: I have nothing but respect for police officers (and this is coming from a criminal defense attorney). They put their lives on […]

Weed May be Legal, but Driving High Can Still be a Buzzkill

While New York has recently legalized medical marijuana in very specific circumstances, Driving While Ability Impaired by Drugs (DWAI-Drugs) is still very much illegal and still prosecuted. Under New York […]

Keep Calm and Lawyer Up!

Only guilty people lawyer up! At least that’s how most people feel who never sat across from a police officer in an interrogation room (law enforcement personnel like to call […]

It’s Just a Traffic Ticket…How Bad Can it Be???

In most cases, probably not too bad. Maybe a few points (hopefully few enough that your insurance company won’t find out), pay a fine and surcharge, and get on with […]

How Intoxicated is Too Intoxicated to Commit a Crime?

Believe it or not, sometimes when people drink alcohol or take drugs, they do stupid things!  Mind-bottling, I know!  I’m sure most of us have been there: all of sudden you’re 5 […]

Assault in the 3rd Degree – NYS Penal Law § 120.00

New York Penal Law Article 120 addresses assault and assault related offenses.  It is an extensive article, often with only subtle distinctions between offenses, and a particular criminal act could […]

How Much Does a NY DWI Attorney Cost?

Allow me to answer your question with a few questions of my own (I am a lawyer after all): What’s more important to you: Saving a few bucks on a […]

Underage DWI and New York Zero Tolerance Laws

If you’re under 21 at the time of your arrest for an alcohol-related driving offense, the penalties for a conviction may vary greatly from the same conviction for someone over […]

Driving While Intoxicated (DWI) in Violation of NYS VTL Sec. 1192.3.

Driving While Intoxicated.     No person shall operate a motor vehicle while in an intoxicated condition. Although this may seem like a pretty straightforward law (don’t drive while intoxicated!), […]

Using a Cell Phone/Texting While Driving on a Probationary or Junior License

Hey kids! In case you didn’t already realize that using a cell phone or texting while driving was incredibly dangerous and stupid, New York has now upped the consequences if […]

NYS VTL 1192.2-a(a). Aggravated Driving While Intoxicated

(a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as […]

Driving While Intoxicated (DWI) in violation of NYS VTL Sec. 1192.2

“Driving while intoxicated; per se.             No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the […]

Driving While Ability Impaired (DWAI) in violation of NYS VTL Sec. 1192.1.

“No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.” NYS VTL Sec. 1192.1. While there is […]

How Long Will My Criminal Case Last?

A popular question asked during many of my initial consultations with unfortunate souls inexperienced in the ways of the New York criminal justice system…. I’m happy to hear that question, […]

How Do You Expunge a Criminal Conviction in New York State?

I frequently have clients ask me how they can go about getting a criminal conviction expunged from their record for a previous conviction because it’s causing some sort of problem […]

NY Penal Law Article 125 – Homicide Related Offenses: Part III – “Murder” Specific Offenses

Homicide in New York State is generally defined as conduct which causes the death of a person or of an unborn child with which the female has been pregnant for […]

NY Penal Law Article 125 – Homicide Related Offenses: Part II – “Manslaughter” Specific Offenses

Homicide in New York State is generally defined as conduct which causes the death of a person or of an unborn child with which the female has been pregnant for […]

NY Penal Law Article 125 – Homicide Related Offenses: Part I – “Homicide” Specific Offenses

Homicide in New York State is generally defined as conduct which causes the death of a person or of an unborn child with which the female has been pregnant for […]

You Shall Not (Tres)Pass! (OK, sometimes even I have to unleash the inner nerd…)

The offense of “trespass” in New York is itself actually a violation level offense (a non-criminal offense punishable by a fine and up to 15 days in jail).  It’s those criminal trespass […]

Burglary: NY Penal Law Article 140

Article 140 of the Penal Law generally encompasses two separate but related crimes: trespass and burglary.  This article will focus primarily on burglary. When most people think of a burglary, […]

Police Now Need a Warrant to Search Cellphones

It only took until 2014, but the United States Supreme Court unanimously decided just this past Wednesday, June 25th, that police officers must get a warrant before searching the cellphones […]

Implied Consent and New York DWI Laws

     Most people don’t realize that by just hopping into the car to run to the store or drive to work they have actually made an agreement with the […]

What Is A “Negative Unit” And Why Is It Keeping You From Getting Your NYS Driver License Back?

So you’ve paid all of your fines, taken your classes, and served the full period of license revocation after that pesky VTL conviction/incident (speeding, accident, DWI, whatever) and you’re finally ready to get […]

Prosecutors Are NOT Required To Offer A Plea Bargain

So I was visiting a client the other day, incarcerated on a particularly bad case for me factually speaking, to deliver the exciting news that the prosecutor had offered a […]

I was arrested for DWI. Why did I get charged with DWI twice?

If you were recently arrested for DWI, let me say that I’m sorry you have to go through this.  But this is no time to wallow in self-pity. The consequences […]

The NYS DMV denied my license re-application. Now what?!

I’ve fielded a lot of phone calls over the last few months from people who have been caught up in the “new” DMV regulatory rigmarole and have been denied driving privileges […]

What You Should Expect From Your Criminal Defense Attorney:

Not all attorneys are the same, and we all seem to have found our own way of representing our clients. While it is true that you – as the defendant and client […]

You Do Not Have to Perform Field Sobriety Tests (FSTs) During a DWI Stop

It occurred to me that over the course of the hundreds of DWI cases I’ve defended, the issue of whether or not to take the FSTs has rarely come up.  Sure, clients ask […]

Robbery: New York Penal Law Section 160.00

In New York State, ROBBERY is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use […]

Driving While Ability Impaired by Drugs – NYS Vehicle and Traffic Law Section 1192.4

I posted something on our Facebook page (www.facebook.com/CatalanoCarpenterLLP) the other day commenting on how driving while impaired by drugs (specifically, the sleep-aid Ambien) is a crime in New York State. […]

Yes, you CAN go to jail for a traffic ticket! (…but in most cases it’s not likely)

The worst that can happen to someone who pleads guilty to or is convicted of a traffic infraction is a fine and some points (which may get your license suspended), […]

Points and Their Effect on Your License

The first thing you’ll probably want to know after receiving a ticket is how it will affect your license. The answer depends entirely on what you received the ticket for, […]

So you were issued a traffic summons…Now what? How (and when) to answer your ticket.

You’ve been driving for years and never received a single ticket. And then out of the blue you get pulled over and issued a ticket for speeding, unsafe lane change, […]