New York DWI Lawyer Blog

Pittsburgh Steelers wide receiver and “Dancing With The Stars” winner, Hines Ward, has been charged with driving under the influence in Atlanta, Georgia. The charges were initiated on July 9, 2011, when Ward’s 2009 Aston Martin swerved, striking a curb. A local police officer observed the erratic driving, suspected a DWI, and followed Ward. He observed Ward make several unsafe lane changes, which gave the officer probable cause to stop the vehicle. When confronting Ward, the officer claims to have observed his bloodshot eyes, flushed face, and a strong odor of alcohol coming from him.

Ward allegedly failed field sobriety tests. He apparently refused to take a chemical test when requested to by the officer. However, Ward agreed to take a portable alcohol test, the Alco-Sensor FST, at the scene of the arrest, which he may have known (or spoken with an attorney about) is not admissible in court. The Alco-Sensor reportedly revealed a BAC (blood alcohol concentration) of 0.128. Similar to New York State, the legal limit for intoxication in Georgia is 0.08 percent or above.

Ward was booked in the DeKalb County Jail, and released the same night on a $1,000.00 bond. He is charged with the misdemeanor of driving under the influence of alcohol, which carries a maximum penalty of one year in jail, and a maximum fine of $1,000.00. Ward will also be facing a possible suspension of his driver’s license, regardless of the outcome of his DUI case, for refusing to take a breathalyzer.

A court date has not been set. If Ward were to be convicted of a DWI in New York, he would be facing up to a year in jail, a 6 month suspension of his driver's license, a maximum fine of $1,000.00, surcharges, and the requirement to install an ignition interlock device in his vehicle for one year. Ward would also be looking at a 1 year revocation of his driver’s license if he was found to have refused the chemical test at the “Refusal Hearing” which is conducted by an administrative judge at the Department of Motor Vehicles.

Continue reading " Pittsburgh Steeler Star Hines Ward Charged With DUI " »

On June 23, 2011, Marta Amaro-Morales, 44, became the first driver in Westchester County to be convicted of a felony DWI under Leandra' s Law, which first came into law in December of 2009. Pursuant to the provisions of Leandra's Law, drivers charged with DWI with children under the age of 16 in the vehicle are charged with a felony, which cannot be pled down to a lower misdemeanor charge.

Ms. Amaro Morales was arrested on May 30, 2010 when she was driving on the Bear Mountain Parkway in Peekskill and state police claimed that she crossed a double yellow line on one side and the fog line on the other. In addition to the numerous DWI charges, she was also charged with unsafe lane change among other traffic infractions. Her children aged 7 and 11 were in the car with her, as was her 4 year old granddaughter, who was apparently not in a car seat. It was claimed that Amaro-Morales failed the three standardized field sobriety tests, which include the "Walk and Turn", One Leg Stand" and what is known as the "Horizontal Gaze Nystagmus" test, which is an involuntary horizontal movement of the eyes that is alleged to indicate intoxication.

Amaro-Morales was found guilty of three felony counts of aggravated driving while intoxicated, two misdemeanor counts of DWI, and numerous traffic violations. Judge Barry Warhit issued the verdict after a four day bench (no jury) trial. She faces up to 4 years in prison on the felony charges.

Continue reading " First Leandra's Law DWI Conviction in Westchester County " »

On January 1, 2011, the “Move Over” law was instituted in New York. The law is named in honor of New York State Trooper Robert W. Ambrose, and Onondaga County Sheriff Deputy Glenn M. Searles. Both were killed in the line of duty while their patrol vehicles were stopped responding to an emergency on the side of the road. The “Move Over” law is designed to protect police, fire, and emergency workers responding to calls on the side of the road. The theory is that by moving over, drivers will help other emergency workers get to the scene of a car crash faster.

Under this new statute, drivers are required to move over and slow down when passing an emergency vehicle that is stopped on the shoulder of a road with its emergency lights flashing. If for some reason the driver is unable to move into the next lane (road congestion), the driver must still slow down.

A violation of the “Move Over” law is a moving violation that results in two points on the driver’s license. In addition, there is a fine of up to $275, mandatory court surcharges, and up to 15 days in jail, although this last provision is rarely invoked for this infraction.

Continue reading " Move Over Or Pay The Price--Emergency Vehicles Legislation " »