![]() ![]() If the prosecutor in a DWI case fails to respond to the request for a bill of particulars, the defendant may file a motion with the court to compel them to respond. The prosecution in the case has 15 days to respond to this request. Under CPL § 200.95(3), a DWI defendant may request a bill of particulars within 30 days of their arraignment in court. In a DWI case, the bill of particulars may be subscribed to by the arresting officer and may state the officer’s observations about the defendant’s conduct behind the wheel. It is important that DWI defendants realize that this statute forbids the defense from getting information about the evidence or proof that the prosecution will rely on in proving the DWI case against the defendant. Under the statute, a bill of particulars in New York sets out items of factual information relating to the DWI charge and includes the substance of the defendant’s conduct encompassed by the charge which the prosecution intends to prove at trial. This statute defines what a bill of particulars is in New York and sets out how a DWI defendant can make a request for the document and get a court to enforce it. The law that relates to a DWI defendant obtaining a bill of particulars in New York is New York Criminal Procedure Law (CPL) § 200.95. ![]() New York Laws about Obtaining a Bill of Particulars: A bill of particulars is important to the DWI defense attorney because it may be used as an investigative tool for the defense. ![]() The ultimate test that a court uses in deciding whether to grant a DWI defendant a bill of particulars is whether the information sought is necessary to their defense. A DWI defendant is generally allowed to obtain a bill of particulars when they seek clarification about their charges from the prosecution. In addition, the DWI bill of particulars tells the DWI defendant what charges the prosecution intends to prove so that the proof at trial is limited to those issues and so that any surprise is avoided. ![]() It is meant to give the DWI defendant and the courts information about the exact nature, character, scope and extent of the charges relied on by the prosecution in a DWI case. The bill of particulars is a more specific allegation of the facts regarding the DWI charge. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.In a DWI case, the bill of particulars is a document prepared by the prosecution that states more clearly the charges against the DWI defendant so that the defendant’s DWI defense attorney can frame a defense and prepare for trial. For more articles and information, please visit J. If you have any questions or comments, please feel free to contact Mr. An attorney should be consulted for legal advice. No statute should be relied on without understanding controlling case law which may further interpret it. Updated statutes and codes may be available at the New York State Legislature Website. Statutes and codes such as CPLR 3130 are frequently amended, and no representation is made that the above version of CPLR 3130 is current. Douglas Barics, attorney at law for reference only. This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.Ģ. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. CPLR 3130: Use of Interrogatories CPLR 3130ġ. ![]()
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