In New York, first-time DWI offenses carry significant penalties. Drivers with a first-time drunk driving or drugged driving charge can be fined up to $1,000 and can be sentenced to up to one year in jail. In addition, they will lose their driving privileges for a minimum of six months.
]]> Drivers whose blood alcohol content is over 0.18 will face even stiffer consequences on a first offense. They will be charged with aggravated DWI and can face a fine of up to $2,500 in addition to a one-year jail sentence. They will also lose their driving privileges for a minimum of one year.Drivers who have a child under age 16 in the car can be charged with a Class E felony, which carries a penalty of up to 4 years in jail. This jail sentence is in addition to any applicable fines and license suspensions.
In addition to these penalties, every person convicted of a New York DWI offense will be required to install an ignition interlock device in his or her vehicle for at least six months. Not only are these devices costly, they can also be quite embarrassing. Imagine picking up a date or an important client and having to blow into an interlock device. You can't avoid the issue by driving in a different car, either, since that's a crime.
The only true way to avoid a DWI is to never get behind the wheel after drinking. Even having a few cocktails during happy hour can put you over the legal limit.
If you do get charged with DWI, don't put your future at risk by thinking you can handle the charges on your own. Contact a New York DWI defense attorney who can help protect your rights.
Source: New York Department of Motor Vehicles, "You and the Drinking Driving Laws."
]]>However, individuals whose summertime plans also involve sharing a few drinks might find themselves in for an unwelcome surprise. Last month, the Queens Highway Patrol Unit, in conjunction with the New York Police Department, announced that it will be increasing enforcement against Queens drunk driving offenses.
]]> The campaign is being called "Operation Cold Sober." Its intent is to target drivers who may be driving while intoxicated after a night out. As such, there will be increased patrols of specially-trained Highway Patrol and Borough Task Force officers starting just before closing time and extending into the early morning hours.The officers will be trained to spot drunk drivers by observing factors such as the driver's demeanor, driving style and ability to engage in conversation.
The officers' efforts will not be limited to ordinary traffic stops. They will also set up traffic check points and "quick stops" to catch suspected DWI offenders.
In addition to drunk drivers, officers will be on the lookout for drivers violating New York's seatbelt and cellphone laws.
New York DWI Offenses
Queens residents would be wise not to take Operation Cold Sober lightly. The potential penalties for a New York DWI offense far outweigh the inconvenience of having to pay for a cab or take public transportation.
Even a first-time DWI in New York can result in a six-month license revocation and a $1,000 fine. Depending on the circumstances of the offense, first-time offenders can also be sentenced to up to one year in jail.
The safest bet is always to plan for an alternate ride home if you're going to be drinking.
Source: The Gazette, "NYPD Launches DWI Zero Tolerance," Liz Goff, April 18, 2012.
]]>According to prosecutors, the accident occurred while the man was racing his landscaping truck on the eastbound Jericho Turnpike. He lost control of his vehicle, crossed the center line and crashed head-on with the victims' vehicle.
]]> The driver of that vehicle, an 84-year-old woman, suffered severe injuries including 28 broken bones and two collapsed lungs. Her 86-year-old husband was killed in the accident.Police found an almost-empty vodka bottle in the defendant's truck. His blood alcohol content registered 0.08 two hours after the accident. Ultimately, he pleaded guilty to charges of second-degree manslaughter, aggravated vehicular assault, assault and DWI.
New York DWI Accidents
Drinking before driving dramatically raises a motorist's chance of being involved in an accident. According to the New York State Department of Motor Vehicles, a driver with a blood alcohol content of 0.08 is four times more likely to cause a crash than a sober driver. A driver with a 0.16 blood alcohol content is 25 times more likely to cause an accident.
Drunk drivers who cause accidents that injure or kill another person can face significant criminal and civil penalties. Vehicular homicide and assault are serious felonies that can bring several years imprisonment in addition to the penalties for the underlying DWI crime.
Drivers who cause accidents can also be held financially liable in civil court.
The only sure way to prevent DWI accidents is to never get behind the wheel after drinking. However, if you do find yourself in trouble, be sure to consult with an attorney who can help make sure you are treated fairly.
Source: Long Island Press, "Syosset Fatal DWI Crash Driver Sentenced," Timothy Bolger, April 16, 2012.
]]>In reality, though, texting while driving, making a phone call without a hands-free device and all other forms of hand-held cellphone use are primary offenses under New York state law. This means that police can pull a driver over for these offenses, even if the driver is obeying all other traffic laws.
This week, police in New York City and throughout the state will be stepping up their anti-cellphone enforcement efforts in another iteration of "Operation Hang Up."
]]> An earlier Operation Hang Up campaign nabbed more than 800 distracted drivers during last year's Thanksgiving holiday. In a 2010 enforcement blitz, police ticketed more than 1,000 drivers for cellphone violations.New York drivers shouldn't take this issue lightly. A ticket for using a handheld device while driving carries a three-point penalty. In addition to the applicable fines for the traffic violation, these points can cause insurance rates to go up and can put commercial drivers' careers at risk. This is true even if the violation was committed in a private vehicle.
Of course, the risk of getting a ticket isn't the main reason drivers should avoid using cellphones behind the wheel. Some studies show that texting and other forms of distracted driving can be just as dangerous as drunk driving. Distracted drivers who cause an accident that injures another person can face very significant civil and criminal penalties.
Source: CBS New York, "New York State Police to Target Distracted Drivers During Operation Hang Up," April 23, 2012.
]]>Nearly all individuals convicted of New York DWI offenses must have ignition interlock devices installed in their cars. Drivers are required to blow into the device and prove sobriety before their vehicles will start.
In this case, the man with the interlock device was unable to unlock his ignition because he had a small amount of alcohol in his system. So, he contacted his friend to come switch vehicles with him. The friend unlocked the car with the device and drove it, while the first individual drove the friend's car. Both were arrested when they arrived at their destination.
]]> The first man is charged with operating a vehicle without an interlock device and operating a vehicle in violation of a restricted license. The second man is charged with facilitating operation of an interlocked vehicle and driving without a license.New York takes ignition interlock tampering very seriously. As this story illustrates, attempts to have a friend circumvent the interlock can result in significant legal penalties. Further, the interlock device is able to detect attempts to tamper with the hardware. Even if the user isn't caught in the act, the attempted tampering will be automatically reported at the next monthly check-in.
The device will also report a violation if the driver attempted to start the vehicle while under the influence of alcohol.
If you are required to use an ignition interlock device in your vehicle, don't attempt to get around its restrictions. By doing so, you may end up in even more trouble.
Source: WIBV, "Two Arrests in Scheme to Bypass Device," Eli George, April 3, 2012.
]]>The sentence stemmed from an incident in which the man was suspected of drunk driving in a commercial truck. He was charged with DWI, an open container violation and aggravated unlicensed operation of a motor vehicle.
]]> The man accepted a plea bargain, and pleaded guilty to all three charges in exchange for a sentence of one to three years in prison. As part of the agreement, he waived his right to appeal his sentence. At sentencing, though, the judge failed to abide by the original plea deal and instead ordered an enhanced sentence of one to four years in prison.The man appealed, arguing that the court should have given him an opportunity to withdraw his guilty plea before handing down an enhanced drunk driving sentenced. The appeals court agreed, reasoning that the interests of fairness required the court to give the man an opportunity to change his plea.
The man's case will be sent back to the trial court for further proceedings.
New York DWI Plea Bargains
Often, there is a lot of pressure on New York DWI defendants to accept a plea bargain shortly after arrest. Moving to quickly resolve the charges can seem tempting, especially after spending the night in Central Booking.
However, plea bargains - especially those offered at the initial stages of a DWI prosecution - aren't usually designed with the defendant's best interests in mind. Sometimes, they can have long-term consequences that aren't always obvious. It is almost always a better plan to speak with a private attorney before attempting to resolve a New York DWI charges.
Source: Thomson Reuters News & Insight, "Man in Drunk Driving Case Wins Bid to Vacate 'Enhanced' Sentence," Jessica Dye, March 30, 2012.
]]>When questioned, the woman who was vomiting reported that she was too drunk to drive, so her friend had volunteered to take the wheel. Unfortunately, police believed the friend to also be intoxicated.
Since both women had been in control of the vehicle, they were each charged with DWI.
]]> As is customary following New York DWI arrests, police conducted a search of the women's vehicle. In doing so, they uncovered a small amount of cocaine and a dagger. As a result, both women were also charged with drug and weapons offenses.DWIs Have Long Term Consequences
The school where the teachers work has not yet commented on the case. It is unclear whether administrators will take disciplinary action against the women.
However, the case highlights some of the potential long term consequences that can result from a New York DWI conviction. New York City teachers, along with workers in many other professions, have to pass a background check before they can start a new job. Even a minor criminal record can seriously hurt an applicant's chance of being hired.
Of course, the only way to completely avoid a New York DWI conviction is to never get behind the wheel after consuming alcohol. Thankfully, our city has a number of transportation options to help residents avoid driving while intoxicated.
Individuals who do get arrested for DWI should take those charges seriously. Although it can be tempting to resolve the issue by pleading guilty early on in the process, sometimes the better option is to fight to keep the conviction off your record.
Source: NBC New York, "2 Bronx Teachers Arrested on Drug, DWI Charges," April 2, 2012.
]]>It is and always has been the position of our New York City DWI Attorney, at the Katz Law Offices, that supervised probation is always a last resort when dealing with a client likely to violate the terms of her probation. We consider the age, demeanor and maturity of a young client when negotiating the best plea deal.
It would have been predictable that the lifestyle issues that Ms. Lohan faces would cause her to violate the terms of her probation.
Without judging her, a young actress in Hollywood is more likely to violate probation than say a 50 year old person that works hard at a regular job in say Queens, New York.
Unless formal probation is required in California, which it is NOT in New York, we would seldom recommend such a plea deal. Let the client pay a higher fine, or even lose her driving privilege longer, rather than tripping up the terms of probation.
The repercussions of a probation violation are significantly harsher.
The D.A. has no objection to Judge Stephanie Sautner terminating Lindsay's probation in the Beverly Hills DUI case.
She will, however, still be subject to informal probation, and she must obey all laws for the next 2 1/2 years.
]]>Police suspicion was aroused after the man reportedly sped past a State Trooper on Southern State Parkway at a high rate of speed. The responding officer said that after pulling the vehicle over he noticed a strong odor of alcohol and asked the driver to submit to a field sobriety test. After he failed the test, the driver was arrested on suspicion of DWI.
]]> During the course of the interaction, the police officer pulled the suspected drunk driver's driving record. It revealed that the driver was driving with a revoked license.The driver, who has had at least one other DWI conviction in the last ten years, was charged with felony DWI, first degree aggravated unlicensed operation of a vehicle and other traffic violations.
Penalties for Driving With Revoked License
Drivers convicted of a first offense New York DWI can expect to have their driver's licenses revoked for a minimum of six months. For subsequent offenses, the revocation period can be much longer.
Driving during a period of license revocation can bring steep penalties. Individuals who are caught driving after having their license suspended or revoked can be charged with aggravated unlicensed operation of a vehicle.
Drivers whose licenses were suspended or revoked for an alcohol- or drug-related violation can face penalties including fines of up to $1,000 and 180 days imprisonment.
Drivers who are caught driving while intoxicated with a suspended or revoked license can be charged with a felony offense. They face fines of up to $5,000 and four years imprisonment. In addition, they may have their vehicle seized by law enforcement.
Source: Farmingdale Patch, "State Police: DWI With Revoked License Charge," Amanda Fiscina, March 21, 2012.
]]>For some people, this perception can be traced to the false confidence that comes along with being drunk. Others may simply take longer to feel the full effects of alcohol. Regardless, driving with a BAC over 0.08 is always grounds for a New York DWI charge.
Soon, New York bar goers may be able to test their BAC before heading home. A number of smartphone applications are in development that claim to be able to provide an accurate reading of a user's intoxication.
]]> A North Carolina student has invented a device, called the Alcohoot, that connects to a smartphone via Bluetooth. Once connected, the device functions much like a Breathalyzer test. It also uses GPS data to provide contact information for taxi companies and other safe ways to get home.At this year's Mobile World Congress - a tradeshow for mobile device companies - a company called NTT Docomo unveiled a similar device. It snaps around a phone like a jacket, and has a sensor on the bottom that users can blow into. The device analyzes users' breath and provides a "drunkenness rating" on a scale of one to five.
Once they become available to the public, these devices could help drinkers make an educated decision about whether it is safe to get behind the wheel of a car.
Source: WBTV, "Wingate Student Creates First Smartphone Breathalyzer," Melissa Hankins, March 16, 2012.
]]>At the time of the accident, the driver had two young children in her car. As a result, she faces increased penalties under "Leandra's Law."
Leandra's Law imposes heighted punishments on New York drivers convicted of driving dunk with a child under age 16 inside the vehicle. It is named after Leandra Rosado, an 11-year-old child who died in a drunk driving accident in 2009.
]]> Under the law, every DWI with a child in the car - even those involving first-time offenders - can be charged as a Class E felony. Class E felonies are punishable by up to four years in jail.In addition, the law requires all drivers convicted of felony or misdemeanor DWI to use ignition interlock devices for at least six months. This requirement applies even if there were no children in the car. Ignition interlock devices are not cheap - the device itself can cost between $75 and $100, and monthly maintenance fees can cost as much as $100 per month.
DWI offenders who drive in a car that does not have an ignition interlock device installed can be charged with a Class A misdemeanor. If convicted, they may face up to one year in jail.
Drunk drivers who are the parent, guardian or custodian of the child in the car face additional consequences. They will be reported to the Statewide Central Register of Child Abuse and Maltreatment. This report may result in an investigation into the family's home life.
Driving under the influence is always a risky proposition. It's not an exaggeration to imagine a scenario where a person has a couple drinks at happy hour, goes to pick up the kids from daycare, and ends up facing felony charges.
If you've been charged with a Leandra's Law violation, talk to an experienced New York DWI defense attorney who can help protect your rights.
Source: The Daily Somers, "Police Say Driver Violated Leandra's Law on 684," Katherine Pacchiana, March 12, 2012.
]]>Now, lawmakers are considering a bill that would aggregate alcohol-based vehicle offenses, regardless of vehicle type. The bill is being referred to as "Tiffany's Law," in honor of a New York woman who died in an intoxicated-boating accident in 2006.
]]> New York law already makes it a crime to operate a motor vehicle, boat, snowmobile or all-terrain vehicle while under the influence of alcohol. However, repeat offenses aren't linked across categories. Thus, a drunk driving infraction might be charged as a first-offense DWI, even if the driver has accumulated several drunk boating charges.The bill's sponsor, Senator Jack M. Martins, explained his idea to the Three Villages Times, saying "it shouldn't matter if we're talking about a boat, snowmobile, all-terrain vehicle or automobile, when there is drinking involved, each becomes a deadly weapon." He went on to say that he thought that people should be held accountable for repeat decisions to engage in the irresponsible use of alcohol, no matter what type of vehicle they end up operating.
This is not the first year Tiffany's law has been introduced in the New York Legislature. The Senate has passed the bill for the last several years, but it never gained sufficient traction in the Assembly. Last year, the Assembly did not take a vote on the bill after it was passed by the Senate.
The Senate passed this year's version of Tiffany's Law last month; the bill is now awaiting action in the Assembly.
Source: Three Villages Times, "Senate Passes Tiffany's Law," March 2, 2012
]]>In New York, so-called "drugged drivers" can be charged with an infraction known as driving while ability impaired. Statewide, drugged-driving arrests have gone up 35 percent over the last decade.
]]> Some law enforcement officials say they think this number should be higher, and are complaining that it is too hard to spot drivers who are under the influence of drugs. There isn't reliable technology available that can test for drug impairment at traffic stops. Instead, police have to use their observational skills to determine whether a driver might be impaired.Proposed Drugged Driving Bill
Senator Charles Schumer, a Democrat from New York, is proposing legislation that would make it easier for law enforcement to detect drugged drivers.
His bill would provide funding to the National Highway Transportation Safety Administration for the purposes of developing Breathalyzer-like technologies to test for drug impairment at roadside stops.
The bill would also provide funding to train officers on how to spot drugged drivers. States would be eligible for grants that would pay for officers to become "drug recognition experts," a process that takes 200 hours of training. States would also be eligible for funding to provide less-intensive education through the federal Advanced Roadside Impaired Driver Education program.
Sen. Schumer's bill has not yet been passed; it is anticipated that it may become part of a larger highway omnibus bill.
Source: Press Republican, "Drugged-Driving Arrests Increase," Rebecca Webster, Feb. 4, 2012.
]]>The bill is fashioned on a "three strikes" model. It would apply to anyone who is convicted of any combination of three or more of the following crimes: driving while intoxicated, driving while ability impaired, vehicular manslaughter or actions that result in an accident that causes personal injury to another.
]]> If the bill becomes law, operating a motor vehicle after a permanent "three strikes" revocation would be classified as "aggravated unlicensed operation of a motor vehicle," a class E felony. The crime would be punishable by a fine of up to $5,000 and up to four years imprisonment.New York License Suspension
Even if this bill does not become law, New Yorkers still risk losing their driving privileges after a DWI or traffic violation.
Drivers convicted of driving while intoxicated can face New York license suspension for at least six months on a first offense and at least one year on a repeat offense. Drivers who refuse to take a Breathalyzer or other sobriety test can have their licenses suspended before conviction, pursuant to New York's implied consent law.
Drivers can also have their licenses suspended for a number of non-DWI infractions, such as accumulating too many points on a driving record or failing to register a car.
License suspension can have a number of negative impacts on a person's life and livelihood. If your license has been suspended, contact a New York traffic law attorney who can help you understand your options.
Source: Schenectady Gazette, "Three Strikes and You're Off the Road," David Lombardo, Feb. 17, 2012.
]]>This may soon change. Last week, the state Senate passed a bill that would require mandatory jail sentences for repeat New York DWI offenders.
]]> Currently, repeat DWI can be punished by between four to seven years in jail. However, judges may elect to impose sentences of fines, community service and/or probation instead.The legislation, sponsored by Sen. Charles J. Fuschillo, Jr. (R-Merrick), would do away with much of this discretion and would instead impose mandatory minimum jail sentences for all repeat DWI offenses. If the bill becomes law, DWI sentencing would adhere to the following structure:
The legislation has been forwarded to the state Assembly for consideration.
Source: NewsLI.com, "Mandatory Jail Time for Repeat DWI Offenders," Feb. 6, 2012
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