New York DWI Lawyer Blog

Earlier this month, Detroit Tigers All-Star third baseman Miguel Cabrera pled no contest to a drunk driving charge in Fort Pierce, Florida. By accepting a plea in the case, Cabrera will be able to avoid the possibility of jail time and get a dismissal of other charges surrounding his DWI arrest, including resisting arrest and having an open container in his vehicle.

Back in February of 2011, Mr. Cabrera was stopped by police in Fort Pierce, Florida at the side of a road with smoke coming out of the engine of his Land Rover. When police officers asked Cabrera to step out of the vehicle, it was reported that he grabbed a bottle of Scotch and took a drink before he complied. The officers noted that Cabrera had blood shot, watery eyes, and slurred speech.

Cabrera was apparently belligerent with the officers, and refused to take a breathalyzer. According to Cabrera’s attorney, the primary motivation for the plea deal was a concern that if they fought the case to trial, this would interfere with the 2012 baseball season, which commences with spring training next month.

By pleading to the DWI charges, Cabrera will be sentenced to a year of probation; a six month suspension of his driver’s license; fines of more than $1,400.00, required attendance at a Drinking Driver’s Program and a Victim’s Impact Panel sponsored by Mothers Against Drunk Driving.

Had Mr. Cabrera been found guilty of DWI charges in New York, he would be facing a six month revocation of his driver's license; a $500.00 fine and mandatory New York State surcharge of $400.00; be required to install and maintain an ignition interlock device in any vehicle he owned or operated for one year; be screened for substance abuse, be required to attend a 7 week Drinking Driver Program sponsored by the New York State Department of Motor Vehicles (known as the “DDP”), and also need to attend a Victim Impact Panel. Further, he would be facing an additional fine of $750.00 known as a “Driver’s Responsibility Assessment” from the Department of Motor Vehicles.

With regard to the refusal to take a chemical test, if Mr. Cabrera was found to have refused this test in New York, he would be subject to a one year revocation of his driver’s license, fines of at least $500.00, and a restriction on his ability to obtain what is known as a “hardship license”, which is granted in certain circumstances during the pendency of a DWI case until its conclusion.

By accepting the plea, Mr. Cabrera was also able to obtain a dismissal of the criminal resisting arrest charges and the violation of having an open container of alcohol.

Continue reading "Detroit Tigers Star Pleads In Florida DWI Case" »

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" »

Former NBA and Michigan University basketball star Jalen Rose has been charged with driving while intoxicated in Detroit, Michigan. The charges stem from an incident on March 11, 2011 when Rose's car slid off a roadway and crashed in Detroit. When police officers investigated the one car accident, Rose was asked, but refused, to take a breathalyzer. However, Rose agreed to take a blood test believing that his blood alcohol content (BAC) would not show that he was intoxicated.

Apparently, the results of the blood test have indicated that Rose was driving with a BAC above the legal limit. Similar to New York State, the legal limit for intoxication in Michigan is 0.08 percent or above. In New York, if a motorist is found to be operating a vehicle with a blood alcohol concentration of 0.18 or above, he or she is charged with an aggravated DWI under section 1192 (2)(a) of the Vehicle & Traffic Law of the State of New York.

Rose is due back in Court on April 20, 2011. If he were to be convicted of a DWI in New York, he would be facing a 6 month revocation of his driver's license, fines and surcharge of approximately $900, the requirement to install an ignition interlock device in his vehicle for one year, be screened for substance abuse, the necessity to attend a MADD Vitim Impact Panel, and a 7 week course at the conclusion of his case known as the DDP or Drinking Driver Program.

Continue reading "Former NBA Player Rose Charged In Michigan DWI " »

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" »