New York DWI Lawyer Blog

On February 16, 2011, the Detroit Tigers all-star first baseman Miguel Cabrera was charged with DUI in St. Lucie County, Florida. A deputy observed Cabrera's 2005 Land Rover with smoke coming from the hood on the side of the road and stopped to investigate. Allegedly, when the deputy approached Mr. Cabrera's vehicle, he took a bottle of scotch and began drinking from it.

According to reports, Mr. Cabrera refused a breathalyzer and resisted arrest. In addition to DUI, he was charged with two misdemeanor counts of "resisting an officer without violence", and a citation for a open container of alcohol.

Cabrera was released from the St. Lucie County jail on February 17 on $1,350 bond.

If Mr. Cabrera was charged with a New York DWI under similar circumstances, he would be facing at least a one year revocation of his driver's license based upon the refusal to take a breathalyzer; fines and Court surcharges of approximately $900.00, would be required to pay a $750 "Driver's Responsibility Assessment to the NYSDMV; be required to attend the Drinking Driver Program; and possibly be required to install an ignition interlock device in his vehicle for one year.

Continue reading " Detroit Tigers Star Cabrera Charged With Florida DUI " »

David Cassidy, the star of the 1970's sitcom "The Partridge Family", accepted a no-contest plea in a Florida Court to DUI charges on February 16, 2011. Essentially, a no-contest plea means that there is no in Court admission of the charges, but the defendant does not fight them either. By taking the plea through his attorney, Mr. Cassidy was not required to be in Court to acknowledge his plea. Cassidy was also charged with failure to maintain a single lane, and an open container violation. Frequently, in New York, these charges would be dismissed in a plea to the top charge in what is called taking a plea to one charge "in full satisfaction" of the docket against the defendant.

Back on November 3, 2010, the 60 year old former teen idol was pulled over by a Fort Pierce officer who observed Cassidy's car weaving in and out of traffic and veer off the roadway. Cassidy told the officer that he had a glass of wine and had taken a Hydrocodone earlier in the day.

Cassidy is alleged to have failed Field Sobriety Tests. A breathalyzer administered shortly after the arrest revealed 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.

Had this arrest and plea occurred in New York State, and Mr. Cassidy was charged with a New York DWI, he would be facing the following: a minimum 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 the "Driver's Responsibility Assessment") and the installation of an ignition interlock device in his car for at least one year.

Continue reading " David Cassidy Pleads Guilty To Florida DUI Charge " »

On January 28, 2010, Christin Ewing, a 29 year old wrestling coach with Mahopac High School, was arraigned on felony leaving the scene of a personal injury accident charges in the White Plains City Court. The case arises out of an incident on December 19, 2010 at approximately 4:00 AM when 23 year old Raul Rios, (coincidentally also a former wrestling coach with White Plains High School) was struck by a black Mercedes Benz as he was crossing Post Road near Kennedy Fired Chicken. The Mercedes kept going after the accident, which was supposedly captured on video surveillance cameras along Post Road near its intersection with Mamaroneck Avenue.

The videos were enhanced to enable police to identify the license plate number, and police also checked numerous dealers and body shops to determine if any late model black Mercedes with front end damage were brought in for repair over the last 6 weeks.

Rios suffered severe head trauma and was hospitalized for several weeks at Westchester Medical Center before being discharged to begin physical therapy. Apparently, moments after the accident, two other people suffered minor injuries when they were struck by another vehicle while offering assistance to Mr. Rios. The driver of that vehicle, David Bautista of White Plains, also did not stop, and was apprehended near the accident, where he was arrested for DWI and misdemeanor leaving the scene of an accident.

Judge Eric Press set bail at $20,000 cash or $50,000 bond. If Ewing were to be convicted on the felony leaving the scene of a personal injury accident under section 600 (2c) of the New York State Vehicle & Traffic Law, he could be sentenced to fines of not less than $1,000 nor more than $5,000, as well as possible jail time of up to 4 years on a class E felony.

Continue reading " Mahopac Wrestling Coach Charged in Hit And Run DWI " »