05/19/2026
Let me put something into perspective…I was born in December of 1966. Today at an arraignment for a client’s DWI charges I pulled a 1968 case out of foggy memory.
People v. Gursey is still very much active, good law in New York.The 1968 landmark New York Court of Appeals ruling established that motorists arrested for alcohol-related driving offenses (like DWI or DWAI) have a limited statutory right to consult with a lawyer before deciding whether to take a chemical breath or blood test.
The judge looked at me with crooked neck and doubt. The very young Assistant District Attorney hadn’t any idea what was happening.
Long story short…the alleged refusal to take a breath test (which was already filled out and signed by the judge) was rescinded and there was no immediate revocation of my client’s driver’s license.
These small victories keep people employed and able to get to their jobs.
Old dogs do have some tricks.