Welcome to the Law Office of David Galison, P.C. Law Blog

Welcome to galisonlaw.com law blog. Our mission: to scour the universe for compelling stories in several related areas: DWI law, criminal law and and traffic law. Current changes in these laws offer broad interpretations, encompassing such recent news as the Leandra’s Law, and Jack Shea's law which eases restrictions on collecting blood in intoxication cases. We’ll write about industry news and legal trends, with a sprinkle of good old-fashioned gossip.

We’ll link to the best coverage of law and lawyers from around the Web, report some news of our own and look to you for contributions. We heartily invite your comments, tips and insights.

Along with my ruminations, this blog will include bits and bites from articles in the the New York Law Journal and Legal Newswires. Email me at david@galisonlaw.com.

Thursday, April 7, 2011

DWI – Breath Testing

     Over the past several months I have received numerous phone calls regarding the Nassau County Crime Lab closure and it’s impact upon those who are currently fighting their DWI cases and those who are looking to re-open their cases. It has been my position that every effort should be made to challenge the results of all the breath testing equipment utilized by the police as the results are highly questionable in light of the disclosures concerning the now closed crime lab. How will the Nassau County Judiciary rule on cases in which the breath testing results are called into question. The answer at this time is unknown, however, there is a light at the end of the tunnel.

    Judge Sharon M.J. Gianelli* will be conducting hearings in the Nassau County District Court in the coming weeks dealing with the issues raised by the crime labs closure. The results of Judge Gianelli’s ruling will undoubtedly have a major impact upon how DWI cases are litigated in Nassau County and could open the floodgates to motions to set aside verdicts. Judge Gianelli is one of the most respected Judges in the Courthouse by both defense counsel and the prosecution. I have attached a copy of Judge Gianelli’s decision below but have redacted the name of the Defendant because I do not believe it is proper to publish it.

*Judge Gianelli received her JD from Brooklyn Law School and was admitted to the Bar in 1989.

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1 comment:

  1. I've enjoyed reading your blogs, you're very informative and enlightening.
    Do you think you'll come back and post again someday?