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December 2019

By Kenneth S. Feraru, Esq. Question: After being pulled over for suspicion of driving while under the influence the officer’s observed me for a brief period of time.  I was given a bottle of water and thereafter almost threw up.  Actually, I threw up a little.  The officer insisted I blow into the breathalyzer, and after allowing it to proceed the reading came up to .18.  I have been suffering from GERD and heartburn my whole life. I understand that the prosecutor can use the slope to dismiss my defense. Do I have a chance? Answer: Yes, vomiting, GERD and other occurrences will affect the breath test

Source: New York State District Attorney’s Association Best Practices Committee 1.         Introduction There are various ways to conduct a fair and reliable identification procedure. The guidelines below outline how a neutral, fair and reliable identification procedure can be conducted by the case investigator or by an administrator unfamiliar with the case. These guidelines are intended to allow for the individual needs of the 62 counties and 551 police departments in New York State. It is expected that the guidelines will improve with time as practical experience and knowledge is gained. There are various ways to conduct a fair and reliable identification

By: Kenneth S. Feraru, Esq. Law enforcement came to my home. A friend is living with us stood in front of our house and was "giving the finger," to a neighbor due to a disagreement. Can my housemate be arrested for cursing and showing the finger? Answer: If the claim raises to the level of harassment or some other crime, your friend could be arrested. What the ultimate result will be depends on too many factors to discuss here. Your friend would do well to consult a criminal attorney to discuss the facts, and before he or she

Source: Office for the Prevention of Domestic Violence Orders of Protection (OPs) involving Members of the Same Family or Household What is an Order o Protection (OP)? An order of protection (OP): Is a court order issued by a judge.Because the OP is strictly a court order, only a judge can cancel or change the OP in any way.An OP is not an order between the people involved in the case. Neither the person protected by the OP nor the person required to obey the OP can invalidate the order or change it in any way.New York State Criminal Procedure Law § 140.10(4)