The basketball player turned coach was driving his car in Suffolk County on Long Island when he apparently hit a pole before crashing into the wood near Water Mill. When police responded to the scene, they arrested him and he was later charged with misdemeanor DWI and a few other charges.
]]> Kidd, however, disputes the charges and will be fighting them in court. He noted that the accident may have caused a disruption to the community, yet he never admitted to being under the influence of alcohol.Not only might Kidd wish to prove his innocence by fighting the DWI charge, but the charge also comes with a maximum penalty of one year in jail. Kidd will appear in court later this month, and it will be interesting to see what kind of evidence prosecution has to prove Kidd was not only under the influence of alcohol at the time of his crash, but that he was also legally intoxicated.
Source: CBS New York, "Brooklyn Nets Coach Jason Kidd Due In Court Next Week In L.I. DWI Case," June 13, 2013
]]>"If you look at how people choose their designated drivers, oftentimes they're chosen by who is least drunk or who has successfully driven intoxicated in the past - successful meaning got home in one piece ... that's disconcerting," Barry said.
The results are published in the July issue of the Journal of Studies on Alcohol and Drugs.
The researchers recruited patrons as they left bars between 10 p.m. and 2:30 a.m. across six Friday nights before home football games in fall 2011. The mean age of the 1,071 people who agreed to be tested was 28. Most were white male college students, while 10 percent were Hispanic, 6 percent were Asian and 4 percent were African-American.
After completing a 3-5 minute interview about demographic data and alcohol-related behaviors, participants then had their blood-alcohol content tested with a hand-held breath-testing instrument.
The non-driving participants had significantly higher levels than the designated drivers, but 35 percent of the 165 self-identified designated drivers had been drinking. Seventeen percent of all those drivers tested had blood-alcohol levels between .02 and .049 percent, while 18 percent were at .05 percent or higher.
The National Transportation Safety Board last month recommended all 50 states adopt a blood-alcohol content cutoff of 0.05 compared with the 0.08 standard used today to prosecute drunken driving. The American Medical Association made the same recommendation in the 1980s, Barry said.
Barry said he doesn't know why a designated driver would consume alcohol, but factors could include group dynamics or the driver's belief that one or two drinks won't impair his skills if he is an experienced drinker.
Some field-based research suggests designated drivers might drink because the group did not consider who would drive before drinking commenced. Barry also suggested that it's tricky for anyone to accurately evaluate their own sobriety.
"That's the insidious nature of alcohol - when you feel buzzed, you're drunk," he said.
There is no universally accepted definition of a designated driver, according to the research. Although most U.S. researchers say drivers should completely abstain, international researchers believe they can drink as long as his or her blood-alcohol level remains below the legal limit. However, the U.S. limit is much higher than in most other countries.
At .08 percent, the U.S. has one of the highest allowable legal limits of any developed country. Countries such as Denmark, Finland and Greece use the .05 level; Russia and Sweden are at .02; and Japan has a zero percent tolerance.
Co-researchers were Beth H. Chaney and Michael L. Stellefson, also assistant professors in health education and behavior, College of Health and Human Performance.
KatzLawyers.com defends people charged with DWI. If you are the designated driver, please avoid any alcohol to avoid any possible problem or issue. Katz Lawyers can be reached 24/7/365 at 212-747-0606 or 718-876-8105.
]]>Brockovich - famously played by Julia Roberts in the 2000 hit film "Erin Brockovich" - was busted on Lake Mead, near Las Vegas, as she tried to maneuver her boat into a marina slip Friday night, officials said.
She allegedly blew a .16 blood-alcohol level, twice the legal limit to operate a boat or car in Nevada.
]]> "The game warden saw she was struggling to pull her boat into dock and went to help," said Edwin Lyngar, a spokesman for the state Department of Wildlife. "In the process, it became apparent that [Brockovich] was under the influence."She was charged with operating a boat under the influence, a misdemeanor that could cost her $1,600.
The consequences in New York are dramatically different.
New York State has laws that prohibit the operation of a boat while under the influence of drugs or alcohol. More information is available from the NYS Office of Parks, Recreation and Historic Preservation. On April 1, 1999, the Zero Tolerance Law for vessel operators became effective.
No one may operate a vessel on the waters of NYS while impaired
or intoxicated either through the consumption of alcohol or drugs. An
operator with a blood alcohol level of 0.08 or higher is considered legally
intoxicated. New York law prescribes heavy fines, imprisonment, and the suspension of operator privileges for violators.
In New York, if you are stopped for the suspicion of impaired operation and refuse
to voluntarily submit to a breath test, your privilege to operate may be immediately suspended, pending a hearing.
Fines and penalties are now the same as driving while impaired or intoxicated.
Zero tolerance
New York, in an effort to send a clear message to our young citizens that underage drinking will not be tolerated, has enacted legislation, for those under 21 years ofage, providing for the suspension or revocation of operating privileges if caught drinking while operating a vessel.
It is important to realize that particularly on the water, even small amounts of alcohol may greatly impair one's ability to function in three critical areas: balance, coordination, and judgment.
Compound this with such environmental stressors such as glare, heat, vibration, and engine noise, one can become quickly fatigued thus slowing your reaction time.
Drinking also impairs your ability should you find yourself unexpectedly immersed in the water. Many a good swimmer has drowned because alcohol distortedtheir ability to orient themselves upon entering the water and ended up swimming down instead of towards the surface.
Alcohol may also give you the feeling that you and your boat canperform maneuvers beyond both your limits. The ability to process information from various sources is also depressed by alcohol and the person may develop a tunnel vision perspective, thus blocking out critical information. One's ability to judge speed and distance are also impaired which also limits one's ability to track moving objects. Alcohol also reduces your night vision, you lose the ability to differentiate between red and green which makes the intoxicated boater an even greater hazard after dark.
KatzLawyers.com defends people charged with alcohol related vehicluar crimes including boats. They can be reached at 212-747-0606 or 718-876-8105. 24/7/365.
]]>While the man's keys were in the ignition and the car was turned on, this does not mean that he was driving drunk. The radio was on quite loud, and that is actually why police repsonded to the situation, but it may just be that he got into his car to listen to some music.
]]> Ultimately, it will be up to the government to show that he was driving, or would have been driving had he not fallen asleep, to convict him of DWI. At the same time, it will be the man's criminal defense attorney's job to raise enough doubt about what the man was doing and why he was in his car to prevent his conviction.The man is facing two counts of DWI, which could come with a very serious sentence. Although some people in New York don't think much of a DWI charge, it will cost a driver his or her license, but it can also mean time in jail and increased insurance costs. Plus, having a criminal record could affect the jobs someone can have or the places he or she can live.
Source: Staten Island Advance, "Blaring music leads to Staten Island man's arrest on drunken-driving charges," Frank Donnelly, June 4, 2013
]]>That suggests that intervention programs for first-time DWI offenders should focus on more than just stopping their alcohol abuse, said lead researcher Dr. Stephanie O'Malley, professor of psychiatry at the Yale University School of Medicine.
Another expert agreed.
]]> "If you just deal with the alcohol and not the other conditions, this study shows that relapse is quick," said David Rosenbloom, a professor of public health at the Boston University School of Public Health and director of Join Together, an organization that supports community-based efforts for alcohol and drug prevention and treatment programs.Rosenbloom was not involved in the study, which is published in the April issue of Alcoholism: Clinical & Experimental Research.
In the study, O'Malley's team looked at 290 first-time DWI offenders treated at group counseling services between October 1992 and September 1994 in the state of Connecticut.
They found that 42 percent had a lifetime history of drug abuse or dependence, usually marijuana. And 30 percent had a lifetime history of anxiety or mood disorders, usually social phobia or depression.
"There was some overlap," O'Malley added. Many of the offenders had both mood or anxiety problems and drug dependence problems.
Other studies also have found that first-time DWI offenders are likely to have drug and psychiatric problems, O'Malley noted. "What's different about our study is that we have complete, formal diagnoses [of drug use and other psychiatric problems] rather than just [self-reported] symptoms." Her team also evaluated whether having drug or psychiatric problems affected treatment outcomes once the offenders were sent to group counseling programs after their arrests.
Katz Lawyers fights DWI cases in every Court and County Statewide. They are available 24/7/365 at 212-747-0606 and 718-876-8105.
]]>Katz Lawyers defends people charged with DWI and other crimes related to motorvehicles. They can be reached 24/7/365 at 212-747-0606 or 718-876-8105.
Under current law, chemical testing is permitted at the discretion of law enforcement following an accident but it is not required. Additionally, law enforcement needs to establish reasonable cause to order a chemical test.
Senator Flanagan's legislation would make chemical tests mandatory for a driver when there is serious personal injury or death as a result of a motor vehicle accident and where it is reasonably believed that the driver was under the influence of alcohol and/or drugs.
It would also expand the tools available to law enforcement in administering the chemical test by allowing the accident's occurrence to be sufficient for establishing reasonable cause. Law enforcement can then immediately administer the test if the driver consents, or upon obtaining a warrant or court order if the driver refuses or is unable to consent.
In August of 2004, the National Highway Traffic Safety Administration's Final Report on State Laws and Practices for BAC Testing and Reporting Drivers Involved in Fatal Crashes found that New York State reported testing only 3.9 percent of surviving drivers who were involved in fatal crashes for their Blood Alcohol Concentration. Only two states in the nation reported testing a smaller percentage of surviving drivers involved in fatal crashes.
The bill was sent to the Assembly for further action.
]]>Today's actions continue to build on the Governor's efforts to increase awareness among drivers about the dangers of texting-while-driving. Further, statistics show that texting and using a cellphone while driving is a growing trend, whereas alcohol-related driving has declined.
· From 2005 to 2011, there has been an approximately 143% increase in cell phone-related crashes in New York State. In that same time period, there has been an approximately 18% decrease in alcohol-related crashes in New York State.
· In 2011, there were 25,165 fatal and personal injury crashes involving distracted driving in New York, compared to 4,628 caused by alcohol-related driving.
· In New York State, the number of tickets issued for texting-while-driving (30,166) approached the number of DWI/DWAI arrests (43,954) in 2012. In fact, between 2011 and 2012, there was a 234% increase in the number of tickets issued for texting while driving. In the same time period, there was a 4% decrease in the number of DWI/DWAI arrests.
For young and new drivers who text while driving, inattention and inexperience is a deadly combination that puts themselves and others at risk. Still, 43% of teenage drivers admit that they regularly text while driving, according to research released at a recent poster session of the Pediatric Academic Societies.
· Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds which is the equivalent - at 55 miles per hour - of driving the length of an entire football field while blind. (Virginia Tech Transportation Institute)
· There are three main types of distraction while driving: Visual (taking your eyes off the road); Manual (taking your hands off the wheel); and Cognitive (taking your mind off what you are doing). Texting-while-driving involves all three types. (Centers for Disease Control)
Under the Governor's direction, DMV will increase the number of points earned against an individual's driving record upon conviction for texting-while-driving and cell-phone related infractions from the current three points to five points. This is effective tomorrow for all drivers.
The Governor is also proposing legislation that would establish tough new penalties for young and new drivers convicted of texting-while-driving.
Under current law, probationary and junior licenses are suspended for 60 days for violations such as speeding, reckless driving, or following too closely behind another vehicle. Such licenses are revoked for 6 months (for probationary licenses) or 60 days (for junior licenses) if there is another violation within 6 months of the license being restored.
The Governor's proposed legislation will impose the same penalties on drivers with probationary and junior licenses for texting-while-driving that they now receive for speeding and reckless driving: 60-day suspensions for first convictions and revocations of 60 days (for junior licenses) or 6 months (for probationary licenses) for subsequent convictions within 6 months of the time a license is restored after suspension.
KatzLawyers.com defends people charged with texting and driving, speeding, DWI and all matters relating to motor vehicles.
Katz Lawyers.com can be reached 24/7/365 at 212-747-0606 or 718-876-8105. All major credit cards accepted and in most cases you do not have to appear in Court and miss work.
]]>Take, for example, the fact that everyone in New York convicted of DWI must install an ignition interlock device, a device that prevents people from driving their cars if there is even a legal amount of alcohol on their breath. In New York, the minimum amount of time a device must be installed is six months, but it could be on for years. On average, an ignition interlock device will cost $100 to $200 to install and $70 to $100 for a monthly rental fee.
]]> This, of course, is in addition to the fines that offenders have to pay. Fines can vary based on a variety of factors, but they are certainly not minimal. More than the fines, however, are the other fees that come with a conviction, including the fee to reinstate a license, the cost of a DWI class, the cost to tow or impound a car, bail and the increased cost of insurance.With all of these costs in mind following a conviction for drunk driving, it is no wonder that many people in Brooklyn turn to strong criminal defense attorneys to get charges dropped or reduced following an arrest.
Source: MainStreet, "The Extremely High Cost of a DUI," Craig Donofrio, May 31, 2013
]]>Katzlawyers.com urges people to avoid driving even after one (1) drink. The risk is far too great.
State and local police agencies will be out in full force over the Memorial Day weekend, using sobriety checkpoints and saturation patrols to deter drunk driving.
New York has instituted some very strict DWI laws and DMV regulations. From ignition interlock devices, Leandra's Law, vehicle seizure and now lifetime revocations for multiple DWI offenders.
The initiative will run through next Tuesday.
KatzLawyers.com defends people charged with DWI. We are available 24/7/365 for arraignments in all Courts and Counties. All major credit cards accepted. Call 212-747-0606 or 718-876-8105
]]>The Department of Motor Vehicles is now operating under new rules than in years past, too. The department has been denying a considerable number of relicensing applications from individuals who have been convicted of at least two drunk-driving offenses. It has rejected 3,164 of the 3,891 applications.
]]> Only 699 drivers were given their licenses back, but they were forced to install an ignition interlock device in their vehicles. This means that the person will need to constantly take a breath test that attempts to measure his or her blood alcohol level for the car to work.Of the 3,164 people whose relicensing applications were denied, 1,658 were permanently denied. These individuals will never be able to drive again. Meanwhile, the other 1,506 people will have to wait five more years before they can reapply for their driver's licenses.
While a driver's license suspension can be quite serious for some people in Staten Island, it may be nothing compared to a criminal conviction. Along with that conviction can come some severe restrictions that individuals without a criminal conviction won't have, such as trouble finding housing or a job. All the more reason to work with an experienced DWI defense attorney if charged with DWI.
Source: NBC 4 New York, "NY Crackdown on Repeat Drunken Drivers Keeps Thousands Off State Roads: Officials," May 21, 2013
]]>It was likely no different for a Brooklyn officer late last month when he was arrested on suspicion of driving while intoxicated. The officer refused a Breathalyzer test, which likely means that his driver's license was suspended by the Department of Motor Vehicles. Now, he faces charges of DWI and leaving the scene of an accident. It is also possible that he has been suspended from the police force.
]]> Court papers indicate that the 33-year-old officer was driving a 2011 Grand Cherokee SUV along Putnam Avenue in the Bedford-Stuyvesant neighborhood. He apparently crashed into a Nissan Quest that had been double-parked near Stuyvesant Avenue. Reports also say the officer proceeded two blocks before stopping his vehicle and climbing into the back seat. Police claim to have found him there with the keys in his pocket.It remains to be seen what will happen to the officer, but if he hopes to clear his name and potentially be able to regain his place on the New York Police Department, it will be important that he works closely with a criminal defense attorney.
Source: New York Daily News, "Off-duty NYPD sergeant busted on drunk-driving rap after Brooklyn accident," Oren Yaniv and Barry Paddock, April 22, 2013
]]>Essentially, this means that the average female weighing 120 pounds can be arrested after one (1) drink and the average 180 pound male is subject to arrest after two (2) drinks.
KatzLawyers.com reminds people to never drink and drive even after only one drink.
They are available 24/7/365 for arraignments in all courts and counties statewide.
They can be reached at 212-747-0606 or 718-876-8105.
]]> The recommendation prompted immediate criticism from restaurant trade groups.Essentially, this means that the average female weighing 120 pounds can be arrested after one (1) drink and the average 180 pound male is subject to arrest after two (2) drinks.
KatzLawyers.com reminds people to never drink and drive even after only one drink.
They are available 24/7/365 for arraignments in all courts and counties statewide.
They can be reached at 212-747-0606 or 718-876-8105.
]]>The incident occurred late month after the couple had gone out to dinner. As her husband drove, a police officer pulled the vehicle for suspicion of DUI. According to the actress, she and her husband had both consumed wine at dinner.
]]> As the stop continued, an audio tape released after the arrest captured how Witherspoon handled the stop, refusing to stay in the car and at one point saying "Do you know who I am?" This resulted in not only her husband being arrested for drunk driving, but her arrest as well for physical obstruction.Following the arrests Witherspoon made the rounds on various talk shows apologizing for the incident and apparently taking responsibility for her actions. She also indicated that neither of them should have been driving.
Earlier this week both entered pleas for their respective charges. Witherspoon pled no contest and her husband pled guilty to DUI. As a result of this decision, the actress will pay a fine of a little over $200. Her husband on the other hand must attend a class on alcohol education as well as perform 40 hours of community service. Though he was not sentenced to any time behind bars, he will be on probation for a year.
As this arrest illustrates, drunk driving arrests can occur to anyone who has consumed too much alcohol and gotten behind the wheel of a car to drive. For the best result, most find it beneficial to work with a lawyer who handles such cases.
Source: Hollywood Reporter, "Reese Witherspoon Pleads No Contest, Jim Toth Admits Guilty of DUI," May 2, 2013
]]>When that mistake is underage drunk driving, however, there are many New York teenagers that will face extremely serious punishments. From the loss of a driver's license to a large fine or a permanent criminal record, teenagers will long have to deal with that one mistake.
]]> This is not to say that people in New York won't derive some benefit from catching and punishing young drunk drivers, but it does mean that the traditional punishment route may not be applicable. Recognizing the danger and severe disadvantage that come with a criminal record, it may be more important to teach a lesson without seriously hindering someone's life.Of course, until the law is changed, it will be up to a strong criminal defense attorney to clear a teenager's name, get the prosecutors to reduce to a more manageable and accurate charge, or strike a deal with the government for more favorable punishments. A criminal defense attorney can help to prevent someone from being convicted unless there is sufficent evidence to do so. Failing to call an attorney is an awfully big risk, however.
Source: KKCO 11 NBC, "1 in 4 teens admits driving under the influence," Alicia Gentile, May 1, 2013
]]>These aren't the only consequences drunk drivers face, though. In addition to penalties imposed by the courts, a drunk driving conviction - or even an arrest - can have significant impacts on a person's personal and professional life. This principle is highlighted by a recent drunk driving arrest involving former New York basketball star Kenny Anderson.
]]> In 2011, several years after his stint in the NBA was over, Anderson was hired as the basketball coach of a high school in Florida. However, Anderson's tenure at that job was marred by more than one drunk driving incident, and after the most recent arrest he was let go.Three months after Anderson started his new job, he was involved in a car accident that caused property damage. He left the scene, but when police found him they noted that he smelled strongly of alcohol. Despite this, Anderson was not charged with drunk driving.
Then, last weekend, Anderson was arrested and charged with driving under the influence after he was spotted swerving in his vehicle. He posted a $500 bond and is awaiting further action on the charges.
However, the arrest alone was enough to cause Anderson's employer to decline to review his contract for the coming school year. Though the school did not say so directly, the implication was that Anderson's history of drunk driving did not make him an appropriate role model for young students
Source: The Palm Beach Post, "Ex-NBA Star Kenny Anderson Loses High School Coaching Job After DUI," Matt Porter, May 1, 2013
Our law firm defends people facing drunk driving charges in New York City. For more information, please visit our website.
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