Michael P. Brodsky Blog

Q: Is my DUI considered a second offense?

6 yrs 11 months ago I was charged w/ DUI, BAC .12. I plead out to a reckless driving and in the admission to the reckless, the plea did not state "under the influence of alcohol ". Additionally I was never made aware that this could or would be considered a prior DUI...

read more

Are Field Sobriety Tests (FSTs) Voluntary?

How is it voluntary if you are arrested if you don't agree to perform them?? Michael’s answer: FSTs are ABSOLUTELY voluntary and a driver should never agree to perform them. That said, the law on whether such a refusal is admissible at trial is unsettled. And law...

read more

Just got my 1st DUI. Can I do a Deferred Prosecution?

Michael’s answer: 1st DUI Deferred Prosecution.  First, how much more "time" you do will depend on the facts of your case, how it is ultimately resolved and how long you were in jail when you were arrested. But for a 1st offense it should be no more than two days with...

read more

Unethical Sub-contracting in Representation

Watch Out for This! By Michael P. Brodsky Unethical Sub-contracting in Representation. In February of last year, I was cold-called by a representative of the Terani Law Firm regarding sub-contracting representation for a then yet-to-be named client charged with a...

read more

Podcasts

The Legal Docket KGMI 790 AM with Atty. Michael Brodsky   KGMI Podcast The Legal Docket 9/1/13 Host Dillon Honcoop talks with local attorneys about the wide rang of nuances to our legal system and how you can better protect yourself and understand your rights. The...

read more