DWI On Trial: The Big Apple XXII
This program is co-sponsored by the Criminal Justice Section, who will receive the discounted fee for this all-day program of only $295.
Program Description
The New York State Bar Association is pleased to present our annual “DWI on Trial” seminar. This yearly DWI trial skills program, chaired or organized by national DWI expert Peter Gerstenzang, features renowned national lecturers covering a broad range of important topics of interest and applicability in the defense of DWI cases. Don’t miss this opportunity to learn from nationally recognized speakers on key issues of DWI defense. This program is being held virtually.
What people have said about this program:
“This CLE is always the best!”
“Excellent program, content and presenters.”
“Speakers were dynamic!”
“Wonderful and practical program; very informative.”
“Great CLE — I want to start a trial tomorrow.”
“One of the most informative and entertaining presentations.”
“This is the best CLE I have ever taken. All the speakers did a great job.”
“Spot on.”
Program Highlights:
• Death is Different – Handling the Vehicular Homicide
• Using Expanded Discovery to Challenge the Tests
• Handling the Test Refusal in the Criminal Case
• DWAI Drugs | Cross of the Arresting Officer
• Challenging the Standardized Field Sobriety Tests
• Ethical Issues
• Breath Test Trial Tactics
Expert speakers are listed in the agenda.
Please note: Skills and Ethics credits DO qualify for newly admitted attorneys for the virtual option due to temporary CLE Board rule changes.
If you are having any trouble registering, please contact our Member Resource Center at 800-582-2452. If you are a Public Defender or with a Legal Aid Society, please contact Kate Tortora [email protected] for special pricing.
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Cancellations received more than 3 days from the scheduled program date-100% refund
Cancellations received between 0-3 days from the scheduled program date-100% refund (less the $25 cancellation fee)
Cancellations received after the scheduled program date-no refund
- December 9, 2022
- 9:00 AM
- 5:00 PM
- 2.0
- 1.0
- 1.0
- 4.0
- 8.0
- Virtual Participation
- American Arbitration Association
150 East 42nd Street 17th Floor
New York, NY 10017
8:30 a.m.-9:00 a.m.
Welcome and Introduction
9:00 a.m.-9:10 a.m.
Welcome and Introductions
9:10-10:00 a.m.
Plea Bargains - Rules, Regulations, Problems & Pitfalls
Speaker: Jonathan D. Cohn, Esq.
Gerstenzang, Sills, Cohn & Gerstenzang, Albany, NY
1. Multiple Offenders and The DMV Regulations
2. Youthful Offenders and Commercial Drivers
3. Out-Of-State Issues
4. How to Handle the Ignition Interlock Device
1.0 Credit in Skills
10:00-10:50 a.m.
Challenging Breath Tests Without an Expert
Speaker: Edward L. Fiandach, Esq.
Fiandach & Fiandach, Rochester, NY
This lecture will focus on effectively cross-examining police officers on the chemical breath test without retaining an expert.
Some of the topics will include the importance of the observation period and mouth alcohol.
1.0 Credit in Skills
10:50-11:00 a.m.
Break
11:00-11:50 a.m.
Implicit Bias and its Impact on Diversity in our Practice
Speakers: Lisa Saltzman, Esq.
Director of Training at Queens Defenders
Mani Tafari, Esq.,
Staff Attorney at Queens Defenders
Shining a Light on the Unseen: Implicit Bias and its Impact on Diversity in our Practice
- What is Implicit Bias
- How does Implicit Bias show up
- What action can we as attorneys take
1.0 Credit in Diversity
11:50-12:40 p.m.
Lunch Break (on your own)
12:40-1:30 p.m.
Test Refusals - To Blow or not to Blow
Speaker: Matthew J. Simone, Esq.
Gerstenzang, Sills, Cohn & Gerstenzang, Albany, NY
Test Refusals - To Blow Or Not To Blow is a program designed to help lawyers systematically handle the late night phone call from an individual under arrest for DWI. The lecture will not only cover how to answer the question, but to do it in a way that does not incriminate the individual making the call. In addition, the program will cover representing an individual accused of refusing to submit to a chemical test during the virtual DMV hearing, and refusal consequences.
1.0 Credit in Skills
1:30-2:20 p.m.
The ABCs of Blood Testing
Speaker: Steven Epstein
Barket Epstein Kearon Aldea & LoTurco, LLP, New York, NY
The segment will address the basics of understanding blood testing.
This will include reviewing and understanding the discovery in a blood test case.
1.0 Credit in Areas of Professional Practice
2:20-2:30 p.m.
Break
2:30-3:20 p.m.
Handling the DWAI Drug Case in New York
Speaker: Joseph M. Gerstenzang, Esq.
Gerstenzang, Sills, Cohn & Gerstenzang, Albany, NY
Cannabis legalization, the tightening of District Attorney plea policy’s, potential legislative amendments to the law and growing numbers of Drug Recognition Experts has changed the landscape for attorneys handling DWAI Drugs cases. Effectively defending clients charged with VTL 1192(4)/(4-a) requires a wider knowledge base than ever before. This seminar attempts to provide an approach to these cases that allows you to pursue avenues of defense that will aid you during plea negotiations and help you formulate your theory of the case in anticipation of a potential trial.
1.0 Credit in Skills
3:20-4:10 p.m.
Case Law Update
Speaker: Eric H. Sills, Esq.
Gerstenzang, Sills, Cohn & Gerstenzang, Albany, NY
The segment will address statutory and caselaw developments that directly impact the defense of DWI cases.
1.0 Credit in Areas of Professional Practice
4:10 to 5:00 p.m.
Crimmigration
Speaker: Josh Epstein, Esq.
Queens Defenders
The segment is designed to assist lawyers improve their immigration intakes, learn about immigration status and lack of status, and understand specific immigration consequences of DWI cases.
1.0 Credit in Ethics
- Webinar
- 0LZ41
- Criminal Justice Section
- Committee on Continuing Legal Education
