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.

Friday, October 25, 2013

2014 Best Of Long Island - Best Law Firm Nomination

The Law Office of David Galison, P.C., proudly announces the nomination for Best Law Firm of Long Island for 2014!

I would personally like to thank each and every client who nominated the Law Office David Galison, P.C., for this very prestigious award. As most clients know it is my goal to obtain the best results for each and every client on each and every case.

When I take on a new client I do so with the intention of not only handling the matter for which I was retained, but also with the intention of maintaining this new relationship for years and years to come.

In order to cast your vote and make the Law Office of David Galison, P.C., the winner of the 2014 Best Of Long Island Law Firm Award please follow the steps below.

Step 1.

Click on this link below.


Step 2.

When the window opens, Click on the Services Button for category.
(It looks like this)

Step 3.

When the window opens, Click on the Box that has the words VOTE on the top right.
(It is pictured below circled in red)

Step 4.

When the window opens scroll down to LAW FIRMS and click in the circle next to David Galison, P.C.

Step 5. - Final Step

Lastly, scroll to the bottom of the page and click the box for accept terms, then click the
Red box that says "Enter Now", that it!

Thank you for taking the time to cast your vote. You can vote every day until 12/15/13 so feel free to vote every day if you wish.

Wednesday, June 12, 2013


On June 11th, 2012 shorty after the Nassau County District Court opened for the day a verdict was rendered after a two day bench trial in criminal part 6. The charges against the defendant were as follows:
  • Aggravated Unlicensed Operation (Criminal Charge - Misdemeanor)
  • Speeding in a School Zone
  • Tinted Windows
  • Unlicensed Operator
The verdict as announced by the Court:
  • Not Guilty - Aggravated Unlicensed Operation
  • Not Guilty - Speeding in a School Zone
  • Not Guilty - Tinted Windows
  • Guilty - Unlicensed Operator
For the Defendant it was a great verdict as he was not convicted of the criminal offense of Aggravated Unlicensed Operation (§511.1) which could carry with it a possible sentence of jail in the Nassau County Correctional Facility. In addition the moving violation of Speeding in a School Zone (§1180C) which carried with it many points and increased fines was dismissed, thus preventing an anticipated major impacting on the Defendants auto insurance premiums. 

The only charge the Defendant was convicted of was the violation, not a crime, of operating without a license. The fine imposed was minimal and the Defendant walked from the building with a smile on his face. 

Standing up for your rights and demanding your day in court can be a very scary and nerve racking experience. My client kept his cool during the trial and kept his composure as the verdict was read. 

Not every case is a winner, and each and every trial brings with it a unique set of facts. I would like to thanks my co-counsel Justin Feinman, Esq., for assisting me during the trial, as always his input, advice and experience are a welcome asset.

David Galison, P.C.

If you should every need an attorney to defend you in court with a criminal or traffic ticket matter please do not hesitate to call David Galison, P.C., 516-242-4477. The consultation is Free and the phone is answered 7 days a week.

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Wednesday, May 8, 2013

DWI In Nassau County New York. Breath Testing Instruments - Things to Consider - What the Police, Court and DA Doesn't Want You To Know.

Driving While Intoxicated

Blood to Breath Partition Ratio

In New York State, a person can be charged with Driving While Intoxicated pursuant to section 1192.2[1] of the Vehicle and Traffic Law if they operate a motor vehicle while having .08% or more of alcohol in their blood as shown by chemical analysis of their blood, breath, urine or saliva.

Breath testing is based upon the correlation between the amount of alcohol in a person’s breath and blood, and the ability to measure that amount accurately for each individual. In order to convert the breath sample into a blood alcohol percentage, all machines utilize a “Breath to Blood Partition Ratio” of 2100 to 1.  This partition ratio essentially states that the amount of alcohol in one milliliter of blood is 2100 times greater than the amount of alcohol in 1 cubic centimeter of expelled breath.

The problem with the 2100 to 1 breath to blood partition ratio used by breath testing instruments is that it does not take into account individual ratios, but rather assumes that everyone has the same partition ratio.  Studies have proven that individual breath to blood partition ratios vary among individuals with a range of approximately 1000 to 1 –to- 3000 to 1.  What is even more troubling is that the breath to blood partition ratio varies within individuals depending upon which phase of alcohol absorption they are in.

Studies have shown that in the absorptive phase of alcohol digestion, the breath to blood partition ratio is often less than the standard 2100 to 1 figure. Therefore, if you were apply the standard 2100 to 1 breath to blood partition ratio during this phase, it would result in a false high reading.  For instance, if an individual submitted to a chemical test that resulted in a reading of 0.10% and the individual had a breath to blood partition ration of 1000 to 1, the actual blood alcohol percent would be .05%.  A person who operates a motor vehicle with a blood alcohol level of .05% is not intoxicated and cannot be charged with Driving While Intoxicated.  Conversely, if a person’s breath to blood partition ration is greater then 2100 to 1 the actual concentration of alcohol in their blood would be underestimated if the standard breath to blood partition ratio is used.

So where does all of this leave us? It leaves us guessing as to a person’s true alcohol to blood concentration.  The solution to this guessing game is a blood test. The only accurate way to measure the concentration of alcohol in someone’s blood is to test the person’s blood.  Hospitals test blood everyday, all day long, and the police have the ability to take and test blood as well.  In fact, the police have special blood testing kits that come with instruction cards for drawing and preserving blood for alcohol testing.  When a person’s life, liberty and reputation are on the line, we believe that the most accurate testing available should and must be used, and the use of anything less is an injustice.

Filters, Bells and Whistles

Breath testing equipment has been utilized by police departments since the early 1970’s and has been deemed reliable for courts since that time.  And yet, the science underlying the equipment still has not been perfected. As I’ve already mentioned, the equipment uses a presumption about an individual’s breath to blood partition ratio, which, depending on the individual and/or the phase of alcohol digestion, may not be accurate.  In addition to that, CMI, Inc., the manufacturer of the Intoxilyzer series of machines utilized by the Nassau and Suffolk police departments, currently has twenty-four (24) versions of its Intoxilyzer series listed on the New York State Breath Testing Instrument List.  Link To NYS Breath Testing Instruments List.  If the breath testing equipment is as accurate as it is purported to be, then why do twenty-four (24) different versions of the machine exist?  Why isn’t one standard machine used?

The answer is simple.  Breath testing has not been perfected, and the companies that manufacture the breath testing machines are continuously trying to discover new ways to improve them.  Imagine convicting a person of the crime of Driving While Intoxicated based on the results of the breath machine which indicated that the person was intoxicated, only to find out that a more accurate version of the machine was introduced a week after the person had submitted to the test.  Given the very real reality of that situation, we cannot conceive of relying on a machine that is constantly being replaced and updated by new and improved versions when it comes to determining a person’s freedom.

Manufacturers of the breath testing equipment have still not discovered ways to address the following issues:  

·      Mouth Alcohol – If a subject has undigested alcohol in his mouth due to a burp, dentures, regurgitation or acid reflux, the breath testing machines can be thrown off or fooled into giving a false high reading.

·      Breath Sample Duration and Flow – If a person is permitted or instructed to blow into the machine for too long a period of time or with too much or too little force, the machine can be thrown off or fooled into giving a false high reading.

·      Trace Contamination – Most breath testing machines use infrared analysis to test for alcohol in the breath, but the infrared wave-lengths that are used test for the methyle group, rather than for the alcohol specific ethyl molecule. Therefore, if a person has a methyle compound in his system, the breath-testing machine will detect alcohol even though the subject has no alcohol in his system. This can occur when a person is exposed to certain paints or wood stains in addition to other compounds that contain molecules in the methyl group.

·      Sample Temperature – If a person is sick and his breath sample is even 1 degree above 34 degrees Celsius, it will produce a reading that is approximately 7% higher than his actual reading. Despite this fact, the breath testing machines do not have safeguards to test the temperature of a person’s breath sample and the police do not check a person’s temperature before a breath test is administered.

As can be seen from the above trusting Breath Testing Devices can result in false convictions. It is my opinion that only a blood test will accurately indicated what a person’s true blood alcohol content is.

This is only the first part of a series of articles that will be published addressing deficiencies in the prosecution of DWI cases on Long Island. Please bookmark this page and check back periodically as updates will continue. You won’t believe how many flaws there are in the DWI prosecutorial machine known as NY DWI.

[1] 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 person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.

Tuesday, April 23, 2013

Changing Gun Laws In New York - St. John's University School of Law - David Galison Forum Panelist

I was recently asked to speak at the St. John's University School of Law, Frank S. Polestino Trial Advocacy Institute, in connection with the J. Walter McKenna Forum on Changing Gun Laws in New York: Prevention Versus Protection.

The event was hosted by Corrine Fisk and co-paneled by Nicholas Scotti of the New York City Police Department and by Francesco Catarisano, Esq., a Bureau Chief in the Queens County District Attorney's Office. 

My fellow panelists were extremely knowledgeable about the gun laws in the state of New York and the night provided for an excellent discussion regarding the current gun laws in effect and what impact if any would be achieved by further revisions. It was a pleasure being placed on the panel with both Mr. Scotti and Mr. Catarisano both of whom were excellent speakers and shared many insights and personal experiences.

I thoroughly enjoyed the forum and would like to thank St. John's University School of Law for inviting me to speak. Many people know that my office handles traffic violations such as speeding tickets and DWI cases, but most are unaware of the fact that I handle felony gun charges as well. At law office of David Galison, P.C., all criminal charges both felony and misdemeanors are rigorously defended. A more detailed understanding of the areas of my practice can be found at; CriminalAttorneyNassauCounty.com or at TrafficTicketAndCriminalDefense.com

David Galison

Friday, April 19, 2013

Traffic Ticket - Speeding Ticket - Stop Sign Ticket - Failure to Obey a Traffic Control Device Ticket - David Galison PC Reviews on Avvo

Hiring the right attorney to handle your moving violation can be a difficult decision. Speeding tickets, stop sign tickets, red light tickets, and all other moving violations can put points on your license causing your insurance premiums to go up for years to come. In addition too many points can cause your license to be suspended or even revoked by the NYS DMV.

In order to help clients feel comfortable about choosing the right traffic ticket lawyer I have created a link to Avvo.com which is an attorney referral website. I have started to ask clients to list reviews of my services online. There are several reviews up already and they are extremely complimentary.

(Picture of Client's Choice Badge for Great Reviews)

I have also attached a Link to the Galison Law website where additional reviews can be found regarding traffic tickets, DWI cases, and other criminal charges.

I hope that the above helps you in your selection of choosing the right attorney to help you handle your Long Island traffic ticket. At the Law Office of David Galison, P.C., traffic ticket defense is taken extremely seriously.

David Galison
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Wednesday, April 17, 2013

Pinterest Page of David Galison, P.C. Traffic Ticket and Criminal Defense Attorney

The Law Office of David Galison, P.C., is proud to announce the Traffic Ticket and Criminal Defense Pinterest Page. This webpage site will focus on both Traffic Ticket and Criminal Defense postings related to Nassau, Suffolk and Queens counties. As many readers are already aware the Law Office of David Galison handles all traffic ticket matter including but not limited to; speeding tickets, stop sign tickets, failure to signal tickets, tailgating tickets, reckless driving tickets, DWI and DUI, and all other Vehicle and Traffic Law offenses.

And of course if you should need a criminal defense attorney to handle your Nassau, Suffolk or Queens county criminal case we handle that to. For well over a decade the Law Office of David Galison has been handling criminal cases such as; possession of drugs, sale of drugs, driving on a suspended or revoked license, larceny, shoplifting, menacing, DWI and DUI, resisting arrest, possession of a weapon, and all other NYS Penal Law charges.

Monday, April 15, 2013

Galison Law - Thunder Tiger MT4-G3

Shown below are pictures of the Galison Law Thunder Tiger MT4-G3 Racing Truck.
The Xtremely cool guys at Xtreme Hobbies created this for my office as a display.
I never thought that I would actually play with it, but what can I say, it looks so awesome I had to try it.
Fast, fast, fast, I almost got a ticket on the steps of the Nassau County Legislative Building playing with it. I love it!! Be sure to visit the Xtreme Hobbies Facebook Page and Like It.

Tuesday, April 9, 2013

Traffic Ticket and Criminal Defense Website

The Law Office of David Galison, P.C., is proud to announce a new website devoted to traffic tickets and criminal defense. The new site provides information on almost all traffic ticket violations in New York in addition to a detailed pages on criminal charges as well.

As many of you know the Law Office of David Galison, P.C., offers Free Consultations on all traffic ticket and criminal defense cases. We handle all moving violations from speeding, running a stop sign, passing a school bus, DWI and DUI to driving on a suspended license and reckless driving. In most instances your case can be handled without your appearing in court.

Traffic Violations Lawyer
New David Galison, P.C. - Traffic Ticket and
Criminal Defense Website - Nassau, Suffolk and Queens
Please visit the site and let us know what you think.


David Galison

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Wednesday, March 20, 2013

Traffic Ticket Lawyer Nassau County

2013 is well under way and the Nassau County Police are out in full force writing tickets. The police have been issuing moving violations for speeding, failure to yield, following too closely (tailgating), running a red light, running a stop sign and many other moving violations. In addition, if you have been on the Meadowbrook or Wantagh State Parkways you have probably noticed that the State Police have been out in full force as well. Finding an experienced traffic ticket lawyer is essential in order to protect your driving record and to keep your driving abstract points down. Points on your driver's license can lead to increased insurance premiums for years to come. 

If you have been issued a ticket anywhere on Long Island call the Law Office of David Galison for a Free Consultation. 516-242-4477. I have been handling all moving violations on Long Island for well over a decade. 

And if you have an Android device, don't forget to download the Galison Law App. It's Free and gives you instant access to David Galison, Esq., Traffic Ticket Attorney. 

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Tuesday, March 12, 2013

Traffic Ticket Testimonial Nassau County

I have attached a testimonial from a recent client who had multiple traffic tickets in Nassau County, New York. The results were very good and my client asked that I share this letter. Not every case will have the same results, as each case is different. At the Law Office of David Galison, I fight traffic violations in an effort to keep your points and insurance premiums down.

If you have a traffic summons that is returnable in Nassau, Suffolk or Queens Counties please feel free to call my office for a free consultation. 516-242-4477


David Galison
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Thursday, February 28, 2013


David Galison, P.C.,
is proud to announce the New and Improved
Galison Law Application 
for Android Devices

The Galison Law Application is a free download from the Google Play Store. The application enables any user the ability to contact the Law Office of David Galison, P.C., in an emergency situation with  just the touch of a button. If you or a loved one are arrested by the police it is reassuring to know that help is just a phone call away. 

The application also provides useful information on the DWI laws in the State of New York. It further gives a listing of your Miranda Warnings so that you know what they are, and what to say to the police if you are ever arrested or are being questioned by the police for any reason. 

New features include the the following:
  • View recent Facebook and Twitter posting.
  • Send email to David Galison, P.C., through your smartphones.
  • New links to important NYS DMV webpages.
  • Access WebCrims to obtain criminal court date information.
  • Instant access to the David Galison, P.C. law blog.
The Galison Law Application is Free and will continue to be updated with new features.

David Galison, Esq., is a New York State criminal defense attorney who concentrates his practice in Nassau, Suffolk and Queens counties. I handle all Felony and Misdemeanor cases in addition to all traffic ticket violations. 

In addition to substantial fines and state surcharges, traffic tickets can cause increased insurance premiums and the loss of your driving privileges. It is important to have an experienced lawyer defending you in court. In many cases an traffic ticket attorney can appear for you in court with a signed authorization thus preventing you from missing work and other important obligations. 

If you need help defending your DWI or any other criminal or traffic ticket matter please call for a Free Consultation. 516-242-4477


Wednesday, January 9, 2013

DWI Dismissed Despite Police Swearing That Driver Was Intoxicated

In late 2012 a client of mine was charged with a DWI with a fatality. The police indicated that my client  had Red Glassy Eyes and the Odor of an Alcoholic Beverage on his breath. Three SFT (Standard Field Sobriety) test were administered to the Defendant; the Finger to Nose, Standing at Attention, and the Nine Step Walk and Turn. The police claim that positive clues for intoxication resulted from these test. The Defendant also agreed to take a PBT (breath test) which allegedly showed alcohol in his system. The Defendant was arrested and brought for blood testing immediately thereafter. The results of two separate laboratories testing the blood? No alcohol or drugs in the Defendant's blood. That bears repeating. Zero alcohol in the Defendant's blood. 

As a result of the blood testing done by the Nassau University Medical Center all charges against the Defendant were dismissed by the Nassau County District Attorney's Office. 

So the question remains. How is it possible for a Nassau County Police Officer to swear that the Defendant had all the signs of intoxication, yet have no alcohol in his system?

Was the officer mistaken, lying, looking for overtime? I don't know the answer, perhaps we will never know. But what we do know is that just because a Police Officer indicates that a person has Glassy Bloodshot Eyes, the Odor of an Alcoholic Beverage on their Breath, and claims clues of intoxication from Stand Field Sobriety Testing, that doesn't mean that the person (Defendant) was actually intoxicated. In fact in some cases the Police are 100% wrong, despite the fact that they are trained to detected intoxicated drivers. 

Just because a Police Officer swears that a driver is Intoxicated doesn't make it true. (See the police report and dismissal documents directly below. Published with the consent of the Defendant.)