New York DWI Lawyer Blog

Two off duty police officers in Westchester have been charged with New York drunk driving this month. On December 11, 2009, Michael Huffman, a 29 year old four year veteran of the Dobbs Ferry police force, was charged with DWI, speeding and crossing a double yellow line when he lost control of his Volkswagen Jetta and struck a guardrail in Tarrytown. Huffman was not seriously injured in the accident. He also refused to take a breath test and is due in Tarrytown Village Court on January 13, 2010. Huffman was placed on leave pending the outcome of the criminal charges.

On December 27, 2009, off-duty Westchester County police officer Joseph Kraus allegedly ran a red light while operating his Chevy pickup truck and struck a Scarsdale police car while intoxicated at the intersection of East Parkway and Popham Road in Scarsdale. Kraus admitted to having consumed 2-3 beers but refused to take a breathalyzer. Kraus was charged with misdemeanor DWI. Emergency personnel had to cut open the police cruiser, which was apparently demolished, to free Officer Jessica Knatz, who suffered facial and back injuries in the accident.

Ironically, 35 year old Officer Kraus had recently taken part in a WABC TV program which detailed the dangers of distracted driving as part of Westchester County's "Crash Reduction Unit." Kraus is suspended with pay pending a county police investigation.

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Beginning on December 18, 2009, it will now be a felony in New York to operate a motor vehicle while intoxicated with a child under the age of 16 in the vehicle. Leandra's Law, named for Leandra Rosado, an 11 year old girl who was killed in a tragic New York DWI accident last October, will require that a motorist with a BAC (blood alcohol content) of more than 0.08 face a potential prison term of up to four years if they have a child 16 or under in the car. If the child is seriously injured in the DWI, the sentence could increase to 15 years, and if the child is killed, the potential jail term could be up to 25 years.

If convicted under Leandra's Law, the motorist will have to install an interlock ignition system in the car, so that unless the driver is alcohol free, the car will not start. On August 15, 2010, the ignition interlock penalty will be assessed in all New York felony DWI or misdemeanor convictions. The interlock system costs approximately $100 to install and three dollars a day to use. The driver is required to pay these costs as part of his or her sentence.

The New York State Department of Motor Vehicles (NYSDMV) notes that there were 9,202 alcohol related accidents in 2008, with 488 children under 18 injured or killed. There were 5,970 felony DWI arrests in New York last year and over 46,000 misdemeanor DWI charges. The conviction rate was about 95% in these cases.

New York is now in the forefront of tough DWI enforcement around the country, especially if the motorist has young children in the car. The New York State Senate bill co-sponsor Martin Dilan noted that 59 children were killed or injured while passengers in a vehicle in a New York DWI accident in 2008. Governor Paterson stated: "Today, we are sending an important message to those who consider getting behind the wheel with a child while intoxicated. Today, we say enough."

We will report on the effect of Leandra's Law this spring when we have had a few months to see how local judges and district attorneys are enforcing its' provisions.

Continue reading "New York Drunk Driving--Leandra's Law Now In Effect" »

We recently reported on the passage of "Leandra's Law", by which any motorist charged with a New York DWI with a child in the car under the age of 15 will be facing felony charges, even on a first offense. This past Saturday, Paul Amay, a 24 year old Mahopac resident, was arrested on a New York drunk driving charge with a blood alcohol concentration (BAC) of .29, almost 4 times the legal limit of 0.08. Mr. Amay's 5 year old son was in the back seat, not restrained in a car seat.

Initially, Mr. Amay was charged with Misdemeanor DWI and child endangerment. However, the Westchester District Attorney's Office is considering raising the Misdemeanor DWI to a Felony DWI pursuant to the new law. Mr. Amay is incarcerated in the Westchester County jail on $50,000 bail, and is due back in Ossining Village Court on December 1, 2009. If Mr. Amay's DWI charge is raised to a felony DWI, the case will automatically be transferred to the County Court as Village Courts do not have jurisdiction in felony cases.

Continue reading "Ossining DWI Could Be First Westchester "Leandra's Law" Case" »