Jeffrey L. Hersh, Attorney at Law Jeffrey L. Hersh, Attorney at Law 2026-07-02T20:21:12Z https://www.hershlawpc.com/feed/atom/ WordPress /wp-content/uploads/sites/1204350/2019/11/cropped-site-identity-32x32.png On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[What external factors can interfere with field sobriety tests?]]> https://www.hershlawpc.com/?p=49344 2026-06-04T13:42:45Z 2026-06-04T13:42:45Z Weather and environmental conditions The weather often makes standardized sobriety tests harder to complete. Rain creates slippery surfaces and makes it more difficult to keep your balance. Cold temperatures affect your physical coordination and muscle control. When you are shivering or your muscles are stiff from the cold, performing precise movements becomes harder. Snow and ice make walking more difficult. Even a sober person may struggle to walk in a straight line on a slippery surface. Poor lighting can make these tests harder to complete. Officers often conduct roadside tests at night with limited visibility. You might have difficulty seeing where to place your feet or maintaining your focus on a specific point when instructed to do so.

Road and surface conditions

The surface beneath you can affect your balance during a field sobriety test. Uneven pavement, gravel shoulders or sloped roadways create unstable footing. Even small irregularities in the surface can cause you to wobble or step incorrectly during the walk-and-turn test. Roadside areas often have debris, potholes or soft shoulders that make balance difficult. Traffic can distract drivers and make the tests more stressful. The vibrations from passing vehicles, especially large trucks, can affect your stability.

Physical and medical conditions

Health issues can also affect test results. Inner ear disorders, back injuries, knee problems and some neurological conditions can make balancing and coordinating movements more difficult. Long work hours and lack of sleep can make it harder to focus. Even anxiety and nervousness from the traffic stop itself can make you shaky and uncoordinated.

The significance of external conditions

Field sobriety tests are designed to detect impairment, but they do not account for the many external factors that influence performance. Officers should consider these variables when evaluating results, though this does not always happen. New York courts have acknowledged that field sobriety tests are inherently subjective and can be influenced by numerous factors unrelated to intoxication. Defense lawyers often argue that test results are unreliable because of weather, medical conditions or mistakes in how the tests were given. If external factors significantly affect your performance, this evidence can form a critical part of your defense against DWI charges

Your knowledge may protect your interests

Understanding the factors that can affect field sobriety test performance allows you to better evaluate the circumstances surrounding these assessments. Weather conditions, uneven surfaces, medical issues and fatigue can all influence your ability to complete the tests successfully. By recognizing these challenges and addressing them, you may be able to avoid possible charges.  ]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[Can you get a DWI charge for sleeping off alcohol in your car?]]> https://www.hershlawpc.com/?p=49320 2026-05-06T11:23:24Z 2026-05-06T11:23:24Z Understanding New York's DWI laws New York law prohibits operating a motor vehicle while intoxicated. The key issue is what "operating" actually means. You do not need to be actively driving for law enforcement to consider you in control of the vehicle. However, officers generally require proof of operation. This typically means the engine must be running or there must be evidence of intent to move the vehicle. Similarly, if you are in the driver's seat with access to the keys, prosecutors might argue you could operate the vehicle. This may apply even if you were sleeping. Several elements could influence whether you face charges. For example, where you keep your keys might affect your DWI case. In New York, if you turn on the engine for any reason, including for heat or air conditioning, you are generally "operating" the motor vehicle. This may constitute a DWI under state law, even if your car remains stationary.

The risks of staying in your vehicle

Even if you simply planned on staying in your vehicle to avoid driving while intoxicated, officers who find you in your car might not see it that way. They could believe you drove to that location while impaired or that you intended to drive once you woke up. Even with the best intentions, you could find yourself facing serious criminal charges.

Safer alternatives to consider

Instead of sleeping in your car after drinking, consider calling a rideshare service, taxi or trusted friend. If you must wait somewhere, staying outside your vehicle generally removes the question of operation entirely. Some areas have safe ride programs specifically designed for these situations.

Your decisions affect the outcome of your case

Merely sleeping in your vehicle after drinking alcohol may not be enough to prevent legal consequences if you are found intoxicated in your vehicle. What you do after drinking might affect the outcome of your case. When you understand how New York DWI laws view vehicle operation, you can make choices that may protect you from accidents and criminal charges.]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[3 consequences associated with multiple drunk driving convictions]]> https://www.hershlawpc.com/?p=49283 2026-02-13T09:45:50Z 2026-02-18T09:45:20Z 1. Immigration consequences Immigrants living in the United States with visas or green cards must follow domestic laws to protect their immigration status. Serious criminal offenses and credible allegations of substance abuse can potentially impact an immigrant’s ability to retain or renew a visa or green card. Immigrants convicted of two or more drunk driving offenses are at risk of removal from the country.

2. Insurance complications

Any significant traffic violation is likely to increase what people pay for insurance. A single drunk driving conviction can drastically increase insurance expenses. Repeat violations could force a motorist to change their insurance company and the amount of coverage they carry. Multiple drunk driving convictions can leave a motorist ineligible for a policy. They may need to secure a high-risk insurance policy that costs far more than their prior coverage.

3. Career consequences

Individuals with a single conviction can often retain their jobs and possibly even their professional licensing with the right assistance. Employers and licensing authorities may extend the benefit of the doubt to otherwise competent professionals who plead guilty or get convicted of a single criminal offense. In cases where licensed professionals have faced repeated charges for the same criminal issue, their risk of career consequences is higher. Between the liability that the employer must accept and the possible consequences the worker faces, their conviction could affect their employment. State licensing authorities may also decide to impose penalties when professionals have violated the same law repeatedly. Anyone facing a second or subsequent impaired driving charge may need support fighting the allegations they face. Reviewing the records of a prior conviction and the report from a recent arrest with a skilled legal team can help those accused of repeat drunk driving offenses avoid some of the worst penalties possible.]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[What is implied consent in a drunk driving case?]]> https://www.hershlawpc.com/?p=49282 2026-01-15T08:49:29Z 2026-01-20T08:48:20Z Drunk driving laws are technically different in every state. The statutes may use different names to describe impaired driving offenses. The penalties imposed after a conviction tend to differ from one jurisdiction to the next.  Certain aspects of drunk driving law are consistent in every state because of federal regulations. For example, the federal rules for highway funding require compliance with blood alcohol concentration (BAC) limit standards. States have to limit a driver's BAC to 0.08% or possibly lower, as higher limits do not comply with federal rules.  Every state also imposes an implied consent law. While the exact wording of the law and the penalties for violations are different in each state, implied consent rules persist across all states in the country. Motorists at risk of a drunk driving traffic stop or facing either drunk driving charges or allegations of violating the implied consent statute need to understand this key rule. 

Implied consent relates to chemical testing

Individuals accused of criminal activities have very robust legal protections. State authorities, including police officers, generally cannot compel people to testify against themselves. People also have the authority to decline various types of tests, even during criminal investigations.  There are certain exceptions, including implied consent rules. Drivers who operate their vehicles on public roads agree to rules that mandate their implied consent. The act of using transportation infrastructure implies that a motorist has consented to chemical testing in the event of their arrest.  If a police officer has the necessary probable cause to conduct a drunk driving arrest, the motorist is subject to implied consent rules regarding chemical testing. They have effectively already given their implied consent by driving on public roads.  If they decline requests for post-arrest chemical testing, they may be subject to secondary penalties. Typically, implied consent violations result in a suspension or revocation of a motorist’s driver's license. Police officers can also typically testify about the refusal to submit to a test as part of a drunk driving criminal case.  Those facing drunk driving charges involving an implied consent violation may need assistance as they take steps to minimize the penalties that they face. Reviewing the state’s evidence and what happened during a traffic stop can help those accused of drunk driving develop the most reasonable strategy for their upcoming criminal proceedings.]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[What evidence may support a per se drunk driving charge?]]> https://www.hershlawpc.com/?p=49273 2025-12-17T13:39:58Z 2025-12-22T13:39:42Z Chemical tests support per se charges A per se crime is an offense that violates the law regardless of secondary details. Under state statutes, driving with diminished ability is a crime. Driving with an elevated blood alcohol concentration (BAC) is also a crime. Although there have been attempts to change the law to make it stricter, currently both Connecticut and New York have a 0.08% BAC limit in place. Chemical tests showing that a driver is over the limit are sufficient evidence for prosecution in many jurisdictions. The prosecutor does not need to prove that the driver struggled to operate their vehicle. They only need to prove that the motorist had a BAC over the limit. Driving with an elevated BAC is a crime in and of itself, regardless of other details about the situation. A per se charge may seem hopeless, but a driver may have several options available if they want to avoid a conviction. Perhaps the police officer did not have a justification for the traffic stop, making any evidence collected subject to challenges during the trial. Maybe there is a reasonable medical explanation for why a driver may have failed a breath test. Reviewing a situation that led to a drunk driving arrest with a skilled legal team can help a motorist determine the best strategy for fighting their charges. Those facing DUI or DWI charges can potentially avoid convictions if they have strong legal support while responding to their charges.]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[Fighting a traffic ticket related to distraction ]]> https://www.hershlawpc.com/?p=49266 2025-11-19T14:30:29Z 2025-11-24T14:27:41Z Distracted driving has become one of the most common reasons that traffic tickets are issued in New York, Connecticut and across the U.S. Police officers frequently issue citations for actions such as texting, talking while holding a phone, eating, adjusting navigation systems and even interacting with passengers while driving.  While these offenses may seem minor, the consequences can include steep fines, higher insurance rates and points on one’s driver’s license. In some cases, they can even lead to criminal charges if a distraction causes an accident. Fortunately, it is possible to fight a distracted driving ticket with the help of a skilled legal team.

Paying a ticket means admitting guilt 

Challenging a distraction-related citation often turns on the details of the incident at issue and how the officer observed it. Many distraction tickets are based solely on an officer’s perception rather than definitive proof. For example, an officer may believe a driver was texting when they were actually using a phone for navigation or adjusting music. A defense attorney can question the officer’s vantage point, lighting conditions or the clarity of their observations. Video evidence from dashcams or nearby surveillance cameras may also contradict an officer’s claims. In some cases, a driver’s records can serve as evidence. Phone logs or data can show whether a call or message was active at the time of the alleged offense. This can help demonstrate that a driver was not violating distracted driving laws. Additionally, if a citation was issued under an overly broad or vague ordinance, a lawyer can argue that the law was misapplied or that the driver’s conduct did not meet the legal definition of distraction. Procedural errors can also be significant. When an officer failed to follow proper protocol when issuing a citation or if a ticket contains incorrect information, the defense may be able to challenge its validity. Even when the evidence seems strong, an attorney can often negotiate for reduced penalties, traffic school or dismissal in exchange for compliance with certain conditions. Distracted driving charges are often more serious than many people realize, but they are not unbeatable. By examining every aspect of a case—what an officer saw, what the law requires and what the evidence shows—a successful defense is potentially possible. ]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[What should drivers know about field sobriety testing?]]> https://www.hershlawpc.com/?p=49264 2025-10-16T06:38:05Z 2025-10-21T06:37:32Z What tests can gauge intoxication? The tests that officers administer have to have a basis in medical science. There are three field sobriety tests generally recognized as standard. The one-leg stand test looks at balance, while the walk-and-turn test looks at a person's gait. The horizontal gaze nystagmus test allows an officer to watch for muscle spasms indicative of high blood alcohol levels. Officers generally only conduct standardized tests and should do so in a location recorded by one of their cameras. The failure to follow best practices during field sobriety testing can lead to questions about the accuracy of test results if the case goes to trial.

When is testing mandatory?

Implied consent laws require that drivers submit to chemical testing after an arrest. However, implied consent rules do not extend to field sobriety testing. Field sobriety testing is entirely voluntary. Officers cannot compel people to perform physical tests. Drivers are also not at risk of punishment if they decline field sobriety testing. Motorists need to be aware of their rights and current law enforcement standards if they want to protect themselves during drunk driving traffic stops. Those accused of impairment at the wheel may be able to fight their pending drunk driving charges by pointing out flaws in police procedures or provide an alternate explanation for a failed test. Reviewing a recent arrest with a lawyer can help drivers determine what options they may have available before going to trial.]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[3 potential financial consequences of drunk driving convictions]]> https://www.hershlawpc.com/?p=49260 2025-09-08T18:42:26Z 2025-09-08T18:38:45Z 1. Fines and court costs Financial penalties are relatively standard in drunk driving cases. The courts can impose large fines that vary drastically depending on the criminal record of the motorist and whether there are any aggravating factors to consider, such as injuries to others or a particularly high blood alcohol concentration. Court costs can also add thousands of dollars to the final cost of a drunk driving conviction.

2. Insurance rate increases

Driving requires liability insurance. What people pay depends in part on how much risk they represent. Their age and sex influence their insurance rates. Insurance companies also look closely at a driver's record. Traffic tickets and convictions for driving offenses tend to significantly increase insurance costs. People can expect to pay hundreds of dollars more for the same coverage after a drunk driving conviction. They may also be at risk of losing their policy and getting forced into a higher-risk pool where coverage costs more.

3. Career setbacks

Some people need to have a commercial driver's license (CDL) for their jobs. They may be ineligible for a CDL for a year after a first drunk driving conviction or permanently after repeat offenses. Others might require a state license for a specialized profession. A criminal conviction could put that license at risk. The record of a drunk driving conviction could also affect job opportunities and access to higher education when it shows up during a criminal background check. Fighting back against drunk driving allegations can often be more cost-effective than pleading guilty. Reviewing the charges and the state's evidence with a skilled legal team could be the first step toward limiting the aftermath of a recent drunk driving arrest.]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[How long do drivers lose their licenses for DUI convictions?]]> https://www.hershlawpc.com/?p=49261 2025-09-08T18:34:55Z 2025-09-08T18:34:55Z The criminal courts can impose many different penalties for different criminal offenses. State statutes typically identify minimum and maximum penalties for different crimes. The courts then decide what sentence to impose based on the defendant's history and other key details.  People accused of driving under the influence (DUI) offenses may have caused crashes. They may have driven in a clearly unsafe manner that led to a traffic stop. Frequently, an elevated blood alcohol concentration (BAC) is a key element of the state’s DUI case. People who fail chemical tests could face charges, even if a police officer pulled them over for a completely unrelated concern.  Drivers convicted of DUI offenses are typically at risk of several different punishments. Incarceration or probation is possible. The courts can impose large fines as well. Driver's license suspensions or revocations are also standard penalties. How long does a DUI-related license suspension typically last? 

Prior offenses influence the penalties

The more DUI offenses a driver has on their record, the longer their driver's license suspension could last. After a first DUI conviction, a driver may lose their license for 45 days and could then be eligible for license reinstatement.  They may need to install an ignition interlock device (IID) in any vehicle they drive and perform tests every time they drive for a year after regaining their license. They typically can only drive to and from work, school, substance abuse treatment programs and probation officer meetings.  After a second conviction, the minimum license suspension is also 45 days. However, the IID requirement following license restoration lasts for three years. Anyone convicted of a third DUI offense faces a permanent revocation of their driver's license. They can request the reconsideration of that revocation two years after the state revokes their license.  Losing driving privileges even temporarily can be incredibly inconvenient. People may struggle to maintain their jobs and handle basic family matters. A permanent revocation could cause career consequences and could generate thousands of dollars in secondary expenses as people seek alternate means of transportation.  Fighting Connecticut DUI charges is one of the only ways to prevent licensing penalties. Motorists accused of drunk driving may need help exploring their options for responding in criminal court. ]]> On Behalf of Jeffrey L. Hersh, Attorney at Law <![CDATA[Can radar gun errors impact your CT speeding ticket?]]> https://www.hershlawpc.com/?p=49255 2025-07-28T10:21:49Z 2025-07-31T10:21:16Z Officers often rely on radar or laser tools during traffic stops. These devices are built to clock speed quickly, either from the side of the road or while an officer is on the move. Radar works by sending out a signal and measuring how fast it bounces back from your vehicle. Laser tools, often called LIDAR, track how long it takes for a pulse of light to return. They are fast, convenient and widely trusted. However, under the wrong conditions, they can give a reading that does not match what is on your speedometer.

Common issues that affect radar accuracy

Radar and laser devices are quick, but they are not perfect. What shows up on the display depends on how the officer handled the tool, how well it was maintained and what was happening around it. When something in that process breaks down, the number on your ticket may not reflect your actual speed. Here are a few common issues that can affect how reliable that reading really was:
  • Calibration gaps: Police or trained technicians test and document radar and laser gun calibrations at specific intervals. If a device was overdue for a routine check or lacked a valid log, you can challenge its accuracy in court.
  • Operator mistakes: An officer may accidentally track the wrong vehicle, especially in multilane traffic. Errors can also happen if the device is unsteady, misaligned or used while moving without proper support.
  • Traffic or weather interference: Rain, fog, heavy traffic or reflective road signs can scatter the signal and produce a distorted or delayed return. In some cases, the device may lock onto a larger or closer object instead of your car.
  • Technology limitations: Some radar units have trouble isolating one vehicle from a group. If several cars are driving at similar speeds, the device might pick up a stronger return signal from a different vehicle entirely.
These factors do not guarantee the reading was wrong. However, they do raise questions about whether the number on your ticket came from a clear, reliable reading or from a moment of error.

Not all radar readings are final

Reviewing the details of your stop can help you decide what to do next. Radar and laser readings are often considered strong evidence, but they are not always reliable. If something about the stop felt off, it may be worth taking a second look before accepting the charge at face value.]]>