New York DWI Lawyer Blog

On November 18, 2009, a Westchester County jury found 25 year old George Kiaha guilty of vehicular manslaughter and criminally negligent homicide for the September 4, 2009 death of Cortlandt resident Ralph Wood. It was alleged that on that date, Mr. Kiaha was driving while intoxicated with a BAC (blood alcohol concentration) of 0.11 when his car crossed a double yellow line and struck the car Mr. Wood was a passenger in. The legal limit for intoxication is 0.08 percent. Wood's vehicle was also occupied by his daughter, her fiance, and three grandchildren, who were all injured.

Mr. Kiaha was also convicted of 5 counts of reckless driving and DWI for each of the other occupants of the vehicle. Those counts are misdemeanors. The prosecution introduced evidence of bottles of Bud Light in Kiaha's vehicle as well as the testimony of emergency personnel who claimed that they smelled alcohol on Mr. Kiaha's breath. The defense countered with the argument that there was a "chain of custody" issue with Mr. Kiaha's blood (an argument that was successfully utilized in the O.J. Simpson murder trial back in 1995) and that the police were never able to determine the speed of Kiaha's vehicle. However, it appears that the jury was not persuaded by these arguments; they returned a guilty verdict in three hours.

The 2nd degree vehicular manslaughter charge is a felony under section 125.12 of the New York State Penal Law and carries a maximum sentence of 7 years in jail. The criminally negligent homicide charge is a class E felony under section 125.10 of the Penal Law and has a maximum jail term of 4 years. Mr. Kiaha will be sentenced by Westchester Court Judge Barbara Zambelli on February 22, 2011.

Continue reading " Westchester County DWI--Jury Returns Guilty Verdict In Fatal '09 Accident " »

David Cassidy, the pop icon best known for his starring role in the 70's sitcom "The Partridge Family" has been charged with driving while intoxicated in Fort Pierce, Florida. On November 3, 2010, Cassidy was pulled over when a Fort Pierce officer allegedly observed Cassidy's car weaving in and out of traffic. Apparently, he informed the officer that he had taken a Hydrocodone earlier in the day.

Cassidy is alleged to have failed Field Sobriety Tests. Subsequently, it is claimed that a breathalyzer administered resulted in a blood alcohol concentration of 0.14, well above Florida's legal limit. Reportedly, the investigating officer found a bottle of bourbon in the vehicle.

If Mr. Cassidy was charged with a New York DWI, with a legal limit of 0.08 percent, and was convicted with a BAC of 0.14, he would be facing the following: a minimum of a six month revocation of his driving privileges; court fees of at least $900.00; the requirement to attend and complete the New York State Drinking Driver Program, (DDP), payment of $750.00 in fines to the New York State Department of Motor Vehicles; (NYSDMV) (known as a "Driver's Responsibility Assessment") and the installation of an ignition interlock device in his car for at least one year.

Continue reading " David Cassidy Facing DWI Charge In Florida " »

Former New York Yankees catcher Jim Leyritz is presently on trial in a Fort Lauderdale courtroom accused of vehicular homicide and drunk driving. The charges arise out of an accident at 3:30 AM on December 28, 2007 in which Leyritz is accused of having disregarded a red light and striking a SUV driven by Fredia Ann Veitch. Ms. Veitch died as a result of her injuries at the age of 30.

Leyritz had apparently been out celebrating his birthday earlier that evening with tequila shots and Grey Goose vodka. He had a blood alcohol concentration (BAC) of 0.14, almost twice the legal limit. Leyritz pled not guilty to the charges. He faces a sentence of as much as 15 years in prison if he is convicted.

During testimony on November 1, 2010, Garth Henry, a witness who was walking by the intersection, testified that Leyritz was "trying to catch a yellow light he wasn't going to make". However, Henry was forced to admit on cross examination that he did not look up until he heard the sound of screeching brakes. There were also no skid marks at the intersection, suggesting that both vehicles had gone past the light before they applied their brakes.

Prosecutors have indicated that they have witness testimony from a passenger in Leyritz' car who will confirm that he did not stop for the red light. Supposedly, Ms. Veitch was also intoxicated and texting at the time of the accident. However, the judge has ruled that the jury will not hear that evidence, as the issue remains whether Leyritz was intoxicated and ran the red light.

Leyritz' attorney claims that a police detective will testify that Leyritz was not slurring his words or losing his balance when he was given field sobriety tests at the scene. However, the prosecutor told jurors that the police video of the field sobriety tests will show that Leyritz could not follow instructions, another sign of intoxication that the tests are designed to elicit.

If Leyritz were convicted in of New York vehicular manslaughter in the second degree, he would be facing a 1 to 7 year prison term for this Class D felony. As for for the DWI charges, Leyritz would lose his license for at least 6 months, be required to undergo alcohol assessment, have to take the 7 week New York State Drinking Driver Program, attend one session of a Mother's Against Drunk Driving Victim Impact Panel, pay Court fines of at least $900.00, and pay the New York State Department of Motor Vehicles (NYSDMV) a $750.00 "Driver's Responsibility Assessment." Further, he would have to install an ignition interlock device in any vehicle he owns or operates for at least 6 months.

Continue reading " Ex-Yankee Catcher On Trial In Florida DWI Manslaughter Case " »