Albany personal injury and criminal defense law blog

Fatal crash may have some considering legal options

On behalf of Phelan, Phelan & Danek LLP posted in auto accident injuries on Monday, February 24, 2020.

Intoxicated drivers are a problem that seems to never go away. Almost daily, serious car accidents take place with alcohol as a contributing factor. In many cases, these incidents claim lives and leave innocent travelers seriously injured. Often, they can leave surviving parties considering their legal options.

It was recently reported that a crash in New York involved a drunk driver. Apparently, the 47-year-old man was traveling north in the southbound lanes of the roadway when his vehicle collided with a minivan and a pickup truck. The collision took place around 5:30 a.m. There were at least two people in the wrong-way vehicle, and it was unclear exactly how many occupants were in the other two vehicles.

Traumatic brain injury symptoms to watch for

On behalf of Phelan, Phelan & Danek LLP on Tuesday, February 18, 2020.

Getting into a car accident can leave you shaken up and may result in injuries to you and others on the road. If you’re lucky, you will only suffer minor injuries and maybe an increase in your insurance premium. However, depending on the severity of the crash, a traumatic brain injury could occur. This injury is fairly common in car collisions as more than 20% of reported traumatic brain injuries are caused by crashes. This makes it crucial to know the symptoms of a brain injury so you can seek medical care as soon as possible.

Wrong-way accident claims 3 lives, leaves 1 critical

On behalf of Phelan, Phelan & Danek LLP posted in auto accident injuries on Tuesday, February 11, 2020.

It may seem bizarre to think that people could drive on the wrong side of the road. However, a wrong-way accident can easily occur because a driver makes a serious mistake. Of course, many accidents of this type take place late at night or early in the morning when impaired drivers are more likely to be on the road, and impairment can easily contribute to such a crash.

It was recently reported that a wrong-way collision in New York had fatal outcomes. The incident took place around 5:20 a.m. and involved two vehicles. A black car was traveling east in the westbound lane when it crashed head-on into a gray car. There were two individuals in both vehicles.

Execution of search warrant leads to drug charges in New York

On behalf of Phelan, Phelan & Danek LLP posted in drug charges defense on Tuesday, January 28, 2020.

When authorities suspect a person of breaking the law, they may conduct an investigation in efforts to gather evidence. Once they believe they have sufficient evidence that wrongdoing is taking place, they may be able to obtain a search warrant for a particular location. After executing these warrants, drug charges can sometimes result.

One man in New York was recently charged with drug-related activity after authorities searched his residence. According to reports, the search occurred just after 5:30 a.m. It was unclear what evidence officers had obtained to gain the search warrant or how long the man had been under suspicion. Nonetheless, officers allegedly found methamphetamine, liquid methamphetamine, lab equipment, digital scales, a weapon and ammunition.

Dismissed State Trooper recruit needs DUI defense after arrest

On behalf of Phelan, Phelan & Danek LLP posted in dui defense on Thursday, January 16, 2020.

New York State law enforcement is vigilant about seeking out drivers who might be driving under the influence. This is especially true during the holidays, but an investigation and arrest can happen at any time. For people who find themselves facing charges for DUI, it can have an impact on their freedom, their driving privileges and negatively impact them professionally as well. Even in cases in which the evidence seems clear, there could be strategies to lodge a strong DUI defense and reduce the charges or be acquitted. It is important to discuss the case with an experienced legal professional immediately after being arrested.

A New York State Police recruit was arrested for DUI and subsequently dismissed by the academy. The woman, 25, was driving at around 2:30 a.m. when on-duty troopers stated that she was speeding. When the vehicle was pulled over, the troopers believed she was under the influence. After taking part in field sobriety tests, she was arrested. When she took a breath test to determine her blood-alcohol concentration, she registered 0.14 percent. In New York, the legal limit for DUI is 0.08 percent. As a result, she can no longer continue in the class for State Police employment.

Don't face DUI charges without considering the options

On behalf of Phelan, Phelan & Danek LLP posted in dui defense on Thursday, January 2, 2020.

Whether many New York residents realize it or not, they rely on their vehicles to perform even the most mundane activities on a daily basis. Whether one is driving to work, picking up children from school, getting groceries or socializing with friends, motor vehicles are generally the way to get from one place to another. This is why it can be devastating when they lose their license if they get convicted of driving under the influence.

Contrary to what many may think, DUIs carry with them serious repercussions. Depending on whether it is the accused's first offense or third, penalties can range from license suspension to revocation. Punishment can also include jail time, especially if someone else was injured in a car accident because of the alleged crime.

Can you receive a charge for marijuana possession in New York?

On behalf of Phelan, Phelan & Danek LLP on Friday, December 20, 2019.

Many states across the country are amending their marijuana laws. New York has recently joined in on this movement by decriminalizing the possession of small amounts of the drug. However, because New York has not yet legalized the recreational use of marijuana, there are still consequences for having this substance on your person.

Are Breathalyzer tests accurate?

On behalf of Phelan, Phelan & Danek LLP posted in dui defense on Friday, December 20, 2019.

The chemical breath test is a pillar of the criminal justice system's approach to enforcing laws against drunk driving. Based on the findings of so-called Breathalyzer devices, thousands of people across the country have been convicted of drunk driving offenses.

Whether it is at the police station or by the side of the road, suspected drunk drivers have to blow into a portable science lab that purportedly detects their blood alcohol concentration. If the results are 0.08 or higher, the suspected drunk driver may be convicted of the crime.

One injured and another dead in fatal three car crash

On behalf of Phelan, Phelan & Danek LLP posted in auto accident injuries on Wednesday, December 4, 2019.

With holiday season upon us, it is no wonder that more people are seen out and about on the streets. People are rushing to complete their holiday shopping, gather supplies for their parties or just trying to get home before it gets dark. With more cars on the slippery roadways, it is easy to forget traffic rules that need to be followed in order to ensure the safety of everyone on the road.

In a tragic car accident in New York recently, one person died and another suffered injuries. According to the authorities, three vehicles were involved in the crash, and one of them was completely obliterated as a result. The crash happened during morning traffic hours and police suspect the head-on collision was between a car and a truck, with a third vehicle also becoming involved at some point. Debris was splashed across the road, with only a heap of metal left in place of one of the vehicles. Authorities are investigating the accident.

We help find innovative solutions to unique legal problems

On behalf of Phelan, Phelan & Danek LLP posted in criminal defense on Thursday, November 21, 2019.

Even though New York residents, like their counterparts across the country, are supposed to be considered innocent until proven guilty in a court of law, this is not always the case. As soon as someone is arrested, he or she is presumed guilty by most people. If the arrest is made in a public place or splashed across newspapers or social media, it can have the potential to damage someone's personal and professional relationships. If criminal charges follow, then the potential fallout can wreak even more havoc on someone's life.

As one's life is turned upside down after an arrest, it is easy to forget that the accused has certain rights that are guaranteed to them by the American constitution. People can end up saying something or doing something that might affect their case down the line, even if they do not realize it. On the other hand, they can also end up giving law enforcement officials permission to search or collect items that they do not have to.