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 28, 2011

Kings Point Video Surveillance

Who's Watching

The incorporated village of Kings Point, located in Nassau County, New York, has recently initiated a video surveillance program that reeks of “Big Brother”. Video cameras are being installed at all entrances into the village so that every automobile’s license plate is recorded. The license plate information will then be sent electronically to databases to determine if the car or driver is wanted by any state or federal agency. If the car or driver is wanted the police will be immediately dispatched to stop the vehicle and presumably make an arrest. While proponents of this type of invasive electronic monitoring argue that if you have not broken the law you have nothing to worry about, one has to question the civil liberties implications. The government will be keeping an electronic log of when and where you have been, that is scary. That is right out of George Orwell’s book 1984. What is even more disturbing is that Kings Point is only 3.3 square miles and has its own police department. Does the village really need this system? Are the police incapable of competently patrolling this minute area or does Kings Park just have too much money?

Many of us are already familiar with the “Red Light Cameras” that have been popping up all over Long Island. These cameras take video of automobiles that pass through red lights. The owner of the vehicle is then sent a ticket with a web link to watch the video online of the vehicle as it passes through the red light. The fine is $50.00 with a $10.00 surcharge. What impact these cameras have on driver safety is debatable since slamming on one's brakes to avoid a ticket can cause an accident just as easily as running a red light.  What is not debatable is that these cameras are generating millions of dollars for the county. So is it the safety factor or revenue raising that has motivated the installation of these metal eye sores? I suggest that it is revenue raising.

 Facial recognition software is currently utilized at sporting events and other large gatherings to filter through crowds and find wanted individuals. If other communities follow Kings Point lead you may soon have you're every movement video taped once you step outside your door. I do not believe that government should be video monitoring lawful citizens in public even if it doesn’t violate the law. The next time that you pull up to a traffic light and see a video cameral just remember your being watched and it is being recorded.

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  At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with the possession or sale of any drug, or are charged with any alcohol related driving offense in Nassau, Suffolk or Queens County, contact the Law Office of David Galison, P.C. at 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at: David Galison, P.C.

Wednesday, April 13, 2011

Nassau County Police Officer Lynch Internal Investigation Reports

Nassau County DWI Cases and Probable Cause to Stop

      I have attached a link that every person that lives in Nassau County should read. It concerns Nassau County Police Department Officer Lynch, and an internal investigation regarding his practices when it comes to stopping and arresting individuals suspected of DWI. Actually, if you read the report you will find that there usually was not probable cause to stop the motorists in the first instance, and that the allegations against the Defendant's seem to have been manufactured to justify an unlawful investigation. This report should be seen by every juror and tax-payer in Nassau County and throughout the state of New York. It confirms what defense attorney's have been saying for years, that police officers should be given no more credibility then an average citizen when it comes to testimony in a trial. Police officers can and do lie in order to obtain convictions. It is very easy for a Police officer with years of experience and on the job training to exaggerate and even manufacture allegations in order to secure a conviction. 

       Think about it, if I wanted to convince a jury that you were intoxicated what would I say, what do the police say. They are trained to say and do say, "When I pulled over the motorist I observed the following"
  • A strong odor of an alcoholic beverage coming from the defendant's breath.
  • Glassy bloodshot eyes.
  • Slurred speech.
  • The defendant was unsteady on his/her feet.
  • Fumbled with his/her driver's license, or gave the wrong documents.
  • Failed all Standardized Field Sobriety Tests.
  • The list goes on and on....
        Mind you, not every motorist alleged to have committed the offense of DWI displays every sign of intoxication. However, if you sit on a jury in Nassau or Suffolk County in all likelihood you will hear all the items listed above and more. But when you do keep in mind that Police can lie and exaggerate just like any other witness. If you ever sit on a Jury and feel that the officer is exaggerating/lying you should vote to dismiss. A conviction should never stand on the shoulders of perjured testimony no matter how slight.

       As for Officer Lynch, he is still working as a police officer in Nassau County, and both you and I are paying his salary and benefits.

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       At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with a DWI, a Drug Charge or even a Traffic Ticket give us a call. Call 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at WWW.GALISONLAW.COM for further information.

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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At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with a DWI, a Drug Charge or even a Traffic Ticket give us a call. Call 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at WWW.GALISONLAW.COM for further information.