With a reputation as a skilled and tenacious advocate who is experienced in all types and aspects of Criminal, Driving While Intoxicated, and Traffic defense and trials, Mr. Smith also represents his clients in post-conviction motion practice, probation violations, parole violations, Sex Offense Registration Act ("SORA") Hearings and modifications, actions to seal criminal conviction records, DMV administrative proceedings (e.g., driver's license suspension and revocation hearings), employee disciplinary proceedings, professional license disciplinary proceedings, and school disciplinary proceedings.
He is admitted to practice law in all New York State Courts and the U.S. District Court, Northern District of New York.
When you're in trouble, you need a lawyer to passionately and courageously defend you; a lawyer with the skill, experience and knowledge necessary to protect you or your loved one against the awesome power of the government. Look no further.
I defend people because I care about justice and equality. Everybody deserves a fair shot and a zealous defense.
My pledge is that I'll do everything I can to defend you or your loved one to the best of my ability.
Let me put my passion, skill, and experience to work for you.
Todd M. Smith
EXPERIENCE, TRAINING, & ACQUIRED PROFICIENCIES
- Trained at the National Forensic College. Advanced forensic training in Cognitive Bias, Statistics, Forensic Toxicology, Fingerprint evidence, Firearms and Toolmark evidence, Bite Mark evidence, DNA evidence, Eyewitness evidence, False Confessions, Cell Phone Forensics, and Historical Cell Site Analysis.
- Co-Counsel in the nationally publicized murder trial of People v. Stacey R. Castor. Mr. Smith also appeared in the nationally televised ABC News 20/20 special, "The Black Widow," which originally aired on April 29, 2009.
- Experienced DWI attorney. Mr. Smith has managed, litigated, and tried countless felony and misdemeanor DWI, Vehicular Homicide, Vehicular Assault, and other serious traffic cases in supreme and county courts, city courts, and justice courts throughout New York.
- Trained and certified in National Highway Traffic Safety Administration (“NHTSA”) DWI Detection and Standardized Field Sobriety Testing. This is the same introductory course taken by police officers across New York State and the country, wherein NHTSA teaches a “three test battery” of roadside exercises to identify intoxicated motorists (i.e., the Horizontal Gaze Nystagmus exam, the Walk and Turn, and the One Leg Stand). NHTSA refers to these three exercises, collectively, as the Standardized Field Sobriety Tests ("SFST's"). Mr. Smith maintains an ever-growing library of published and peer-reviewed scientific literature which asserts that NHTSA’s “three test battery” of SFST's is not scientifically reliable for either identifying intoxication at roadside or proving it at trial. Most importantly, however, he has the knowledge, experience, and skill necessary to hold police officers to their training, expose poor or improper training, and convince jurors to vote "not guilty" when a police officer's lapses or shortcuts in proper SFST administration and evaluation may have resulted in a wrongful, yet preventable, arrest and prosecution.
- Trained and certified in NHTSA Drug Evaluation & Classification ("Drug Recognition Expert" training). This is the same course taken by police officers across the state and country who identify themselves as "Drug Recognition Experts."
- Advanced experience with, study and working knowledge of alcohol breath testing devices used by police agencies in New York State, together with their underlying scientific principles, assumptions, and weaknesses. In investigating and analyzing a breath test result's accuracy, Mr. Smith also considers his client's unique physiology, documented health history and condition at arrest, together with a host of other biological, chemical, and situational factors that can uncover, for example, that a breath test device reported a higher result than deserved.
- Advanced experience with, study and working knowledge of the pharmacology and toxicology of ethyl alcohol, controlled substances, cannabis, and over-the counter substances. Legal and illegal drugs often play a critical role in criminal and DWI-related cases. Some examples include charges of driving while intoxicated by alcohol or drugs, a potentially false or prejudicially misleading confession given while under the influence of several drugs, an act performed while both high and drunk but resulting in arrest and prosecution for an intentional crime, or a suicidal drug overdose prosecuted as a homicide. In all of these and many other scenarios, a well-trained and experienced defense attorney, armed with a strong working knowledge of the pharmacology and toxicology of alcohol and various drugs, can break a case that another attorney might find too difficult to seriously defend at trial. Mr. Smith is among the best trained, most experienced and effective Central New York criminal defense attorneys at using these scientific principles in the defense of his clients. He has worked closely with expert pharmacologists in many previous cases, and for this purpose maintains an extensive and ever-increasing library of peer-reviewed, published scientific literature on the pharmacology and toxicology of ethyl alcohol and various drugs.
- Former Assistant District Attorney. Prosecuted felony and misdemeanor crimes from preliminary proceedings (bail recommendations and preliminary hearings in local court, bail reviews in county court, etc.), through grand jury proceedings, arraignment, pretrial motions, trial, sentencing, and post-judgment motions.
- New York State Association of Criminal Defense Lawyers
- New York State Defenders Association
- New York State Bar Association
- Onondaga County Bar Association
- Onondaga County Bar Association Assigned Counsel Program
- Northern District of New York Federal Court Bar Association
- Juris Doctor, University at Buffalo School of Law, 2001
Activities/Honors: Buffalo Law Review (Publications Editor); Teaching Assistant (Legal Research & Writing); Moot Court (Finalist).
- Bachelor of Arts, North Carolina State University,1998.
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