Your body can actually make alcohol. Auto-Brewery syndrome, also known as Gut Fermentation Syndrome or intestinal candida infection is a very rare condition that causes someone to become intoxicated or drunk not from drinking alcohol, but from yeast build-up in their intestines.

The yeast in the intestines builds up to the point to where just having a soft drink or other sugary food or beverage can cause a reaction that is like having many alcoholic drinks. A person with the syndrome will become “drunk” and often exhibit manifestations of someone who has been drinking heavily, with slurred speech, loss of balance, dizziness and other indications of intoxication.

To use the syndrome as a DUI defense, you would need to get tested and have a medical doctor diagnose you with it.

Think you might have autobrewery syndrome? Or just want to explore how you could have had a BAC higher than you think is right given the amount of alcohol you had? Call us for a no-cost DWI Defense Strategy Session. 212-372-7218 or 973-854-0098

The criteria for determining whether a prisoner has an “extraordinary and compelling” reason for a sentence reduction have long included things like terminal illness, deterioration due to age and, family circumstances.

Proponents argue that Covid 19 presents an urgent call for compassionate release. The sick and elderly inside prisons are most at risk for the worst effects of the disease and social distancing in prison is nearly impossible. The solution is the release of geriatric populations and infirm populations who have likely aged out of criminal behavior or are physically unable to pose a threat as well as low level healthy offenders who have short sentences and can be monitored in other ways such as house arrest and/or parole.

Applications can be made to sentencing court at the State or Federal level.

Can your New Jersey DWI be expunged?

So I have good news and bad news. The good news is that a dwi in New Jersey is not a crime and will not give you a criminal record. The bad news is that because it’s not a crime there’s nothing to expunge. So a dwi goes on your drivers abstract also known as your driving record and it stays there forever. The time to prevent a dwi from ending up on your driving record is while your fighting it not years after guilty a plea. So call me and my team and we’ll be happy to provide a no cost strategy session and see if you have fighting a chance. 973-854-0098

Just good legal advice. Now more than ever if you are charged with a crime in New Jersey or arrested in New York City the prosecutor will look for evidence online. Many cases have defendants “testifying” against themselves via their own emails, texts, chats, and social media posts. Be careful what you put out there, the internet is forever.

https://m.youtube.com/watch?v=nFDZalYzXs0

You’ve been told to get an OASAS evaluation now what?

Judge said you had to get it in five days ? It was a rough night, a first court appearance, you were nervous…it’s all a blur.

In New York everyone charged with dwi must get an assessment from a OASAS certified provider. OASAS stands for office of alcoholism and substance abuse services. This assessment can’t be used against you however, the findings can impact a potential offer or even a potential sentence. So if the findings are that you need treatment you may be required by the court and prosecutor to do that treatment as a condition of any plea offer or sentence. If the evaluation frinds you do not need treatment it may help you negotiate the case and can reduce the amount of treatment hours you could have to do as part of any plea or sentence.

You may been told you need to get it within five days. Well there’s not really any way to monitor that and it’s almost impossible from a scheduling standpoint. I tell people that the main concern is that when they get out of jail don’t wait. Try to schedule soon because it may take a few weeks to get an appointment. Failing to do it can hold up a the resolution of your case.

I prefer to use independent evaluations rather than someone affiliated with a program because I believe, anecdotally, that you get a more neutral evaluation result. I’m happy to give you some names of independent providers. Call my office and we’ll get you a list.

212-372-7218

https://m.youtube.com/watch?v=AlAXn_i4tHY

If someone you love has been arrested in New York City I’m sure you’re very worried and scared. You may have received a call but you haven’t heard anything since and you don’t know when and where they will be seen by a judge. New York City is one of the few places in the country that has night arraignments all the time. We must have defendants seen within 24 hours here. Rule of thumb is it can take 18 hours from the time someone is arrested until the time they appear in court and either are released on their own recognizance or bail is set. During that time the person will be fingerprinted at the precinct and then usually within 4-6 hours taken to Central booking. The prosecutor will take time to write up the charging documents.

To try to check in the status and get approximate time and courtroom of your loved ones arraignment you can call central booking. Or give us a call and we’ll be happy to help. 212-372-7218

Phone numbers for central booking in the five boroughs:
Bronx: 718-590-2804
Brooklyn: 718-875-6586
Manhattan: 212-372-5256
Queens: 718-520-9311
Staten Island: 718-876-8490

Call us and we’ll help you find them
212-372-7218
www.thekugellawfirm.com