New York DWI Lawyer Blog

In an eye opening article in the January 17, 2010 Journal News, several officers acknowledged off the record what many suspected for a long time: When off-duty police are stopped for Westchester DWI or traffic infractions, they are frequently helped out by other officers who get them a ride home and make sure their car is put in a safe place. The protection of intoxicated fellow officers is off the table when an accident is involved, since as one cop noted: That's a situation that you can't hide...I'm not going to risk my career in a case like that." The officers who are stopped for DWI routinely refuse to take a breathalyzer, knowing that this will can significantly hamper the D.A.'s ability to prove a DWI case, despite the fact that the refusal carries with it a one year revocation of their operating privileges if proven at the DMV "Refusal Hearing."

The issue of off duty cops driving drunk came to light as a result of a spate of four recent accidents involving Westchester police officers. On December 11, 2009, Dobbs Ferry Police Officer Michael Huffman was charged with DWI in a rollover accident in Tarrytown. On December 27th, there were two accidents--Westchester County Police Officer Joseph Kraus allegedly went through a red light in Scarsdale and struck the vehicle of on duty officer Jessica Knatz, who was hospitalized as a result of the accident, and County Correction Officer Patricia Yancy-Johnson is alleged to have struck an ambulance in Greenburgh. Lastly, on December 31, 2009, White Plains Police Officer Joe Zepeda is accused of striking a truck on I-287. All four officers are due back in Court between January 26th and February 5th, and all have been suspended by their departments, in Zepeda's case without pay, pending the results of their criminal cases.

Westchester D.A. Janet DiFiore professed to be "very disappointed" to hear that officers anonymously admitted to covering for off-duty cops who drive while intoxicated, although she stated that she was "not surprised." DiFiore also claimed to be looking to strengthen the penalties for refusal to take a chemical test, however, this would certainly seem to be beyond her purview as this is a provision of New York's Vehicle & Traffic Law which would have to be amended by the New York State Legislature, not a local D.A.

Continue reading " Westchester County DWI--Police "Protect Their Own" " »

Under the recently enacted Leandra's Law, which went into effect in December, 2009, motorists will now be charged with a felony if accused of a New York DWI with children under the age of 16 in the car. The law was named for Leandra Rosado, an 11 year old girl who was killed in a rollover DWI accident in October of 2009 while a passenger in car of her friend's mother.

Westchester County's first arrest under Leandra's Law was made in mid-December when William Ordonez was charged with two felony counts of DWI, including having a BAC of 0.20, more than twice the legal limit of 0.08, and a misdemeanor charge of driving without a license. Ordonez apparently had three children, ages 5,7 and 11, in the vehicle at the time of the arrest.

On December 28, John B. Dickson of Scottsdale, Arizona was charged with felony DWI under Leandra's Law when he was arrested in Somers with two children, ages 6 and 8 in the vehicle. Dickson was also charged with two misdemeanor counts of endangering the welfare of a child.

Putnam County's first arrest under Leandra's Law was more dramatic. Connecticut resident Joann Celli traveled to the Putnam County Sheriff's Department to discuss a complaint when she was allegedly observed to be intoxicated and arrested for felony DWI. Celli was charged with New York felony DWI for apparently driving 40 miles with her 10 and 11 year old children in the vehicle.

In addition to the tragic case of Leandra Rosado, the new law was also in large part motivated by the horrific accident on the Taconic Parkway last July in which Diane Schuler drove while intoxicated and high on marijuana, killing 8 people, including her three young nieces, two year old daughter and three men in the vehicle her car struck.

Continue reading " Westchester County DWI--First Cases Under Leandra's Law " »