| – As a former prosecutor and now DUI DWI | | | | than the person convicted may drive it. Additionally, |
| defense lawyer, Michael Discioarro has reached out to | | | | often these machines malfunction, leaving a family |
| the Queens community in order to provide effective | | | | stranded. he Washington State Supreme Court found |
| defense against DWI DUI cases. Mr. Discioarro's new | | | | that the state broke its own rules for maintaining |
| website provides specific information regarding how | | | | alcohol breath-testing machines and has ruled |
| these cases are handled in Queens, NY. | | | | unanimously that alcohol breath tests in cases of |
| "The Queens District Attorney has taken a tough | | | | alleged drunken or impaired driving aren’t admissible |
| stance against DWI DUI defendants." Mr, Discioarro | | | | in court if they haven’t been properly calibrated to |
| said. "It is important to have an experienced attorney | | | | reduce inaccurate readings. This, of course, protects |
| on your side to get the best results." | | | | innocent drivers from being convicted on the basis of |
| In most cases, the NYPD now will confiscate a | | | | incorrect breath test readings. |
| defendant's vehicle, take his license away and ask the | | | | Experts have argued that the machine’s |
| prosecutors for jail time in cases where there has | | | | thermometers, which must be absolutely accurate for |
| been an accident. In addition, the New York State law | | | | accurate readings, weren’t properly maintained, |
| was recently changed to make it a felony for a | | | | were inaccurate, and therefore led to false readings. |
| person to be driving drunk while a child is in his or her | | | | To reduce this problem, the state adopted regulations |
| car. All of these new tough measures will have a | | | | requiring periodic verification of the machines’ |
| serious effect on the lives of those affected by DWI | | | | thermometers. However, the state hasn’t followed |
| DUI charges. The NY DMV will also try to take your | | | | its own rules for many years, if ever. One prosecutor |
| license for a year. | | | | complained that “the rules have become our own |
| In addition, the new law also forces those convicted of | | | | worst enemy.” This happens regularly in New York. |
| DWI DUI to install ignition controls to monitor their breath | | | | All prosecutors care about is the increase of |
| before they start their car. This can lead to several | | | | conviction rates. This is a serious problem. |
| problems. First, if its a family car other people other | | | | |