tag:blogger.com,1999:blog-12583005.post5285490609363129554..comments2023-01-04T02:09:40.565-05:00Comments on Albany Lawyer: DWI: To Blow or Not to BlowAnonymoushttp://www.blogger.com/profile/16942422727278141113noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-12583005.post-36037356944261457722008-12-29T11:33:00.000-05:002008-12-29T11:33:00.000-05:00There is an ADA on call in most area's because if ...There is an ADA on call in most area's because if we do Felony arraignments after hours, which happens frequently, We have to give them the opportunity to be heard on Bail. Sometimes I have gone through the entire list and had to call the DA herself. her husband can be grumpy when you call her at 1:30 in the AM.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-79416129610716395662008-12-28T19:57:00.000-05:002008-12-28T19:57:00.000-05:00I've never seen an after-hours PD either. I've see...I've never seen an after-hours PD either. I've seen where an Assistant DA is supposed to be on call sometimes, but you can never get a hold of them.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-27851256986826113832008-12-28T18:46:00.000-05:002008-12-28T18:46:00.000-05:002 commentsfirst there is no PD available in our co...2 comments<BR/><BR/>first there is no PD available in our county for after hrs arraignments. I don't know of any where except the urban areas that have this.<BR/><BR/>Second, its ironic that last night at midnight I got called out to arraign a DWI/Breathalizer refusal. The defendant claimed repeatedly he refused because he wasn't driving. The gentleman had a Class A license and was supposed Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-86829889095833841382008-12-28T06:07:00.000-05:002008-12-28T06:07:00.000-05:00Graham makes some good points. On right-to-counsel...Graham makes some good points. On right-to-counsel, I don't think a public defender would be provided. The revocation is not a criminal matter - even though the consequences may be worse than what comes from the criminal charge.Anonymoushttps://www.blogger.com/profile/16942422727278141113noreply@blogger.comtag:blogger.com,1999:blog-12583005.post-6857283503503913862008-12-28T03:20:00.000-05:002008-12-28T03:20:00.000-05:00(sorry if this shows up as a duplicate comment -- ...(sorry if this shows up as a duplicate comment -- not sure if it went through the first time)<BR/><BR/>Part of the problem is that defendants are not adequately advised of the consequences of a refusal. An officer will probably read a warning (from an index card) saying that a refusal may result in immediate revocation of the suspect's license, and that a refusal may be used against that Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12583005.post-21957575835467647442008-12-23T20:46:00.000-05:002008-12-23T20:46:00.000-05:00The problem is the majority that don't understand ...The problem is the majority that don't understand the consequences of a refusal. When your arraigning them at 2 am and suspend their license pending a DMV hearing, suddenly they want to take the test them, TOOOO late!!!Anonymousnoreply@blogger.com