New York DWI Lawyer Blog

On September 9, 2011, 51 year old Bernard Molloy, an aide with the Westchester County Board of Legislators, was arrested by the New York State Police on Route 202 in Cortlandt Manor and charged with DWI. Apparently, a breathalyzer test conducted at the precinct subsequently revealed a blood alcohol concentration (BAC) of 0.17%. The legal limit for DWI in New York is 0.08%, and an aggravated DWI can be charged if a driver has a BAC of 0.18% or above. The aggravated DWI charge was first instituted in 2004 under Section 1192 (2a) (a) of the Vehicle & Traffic Law.

Mr. Molloy was arraigned in Cortlandt Town Court on September 16, 2011 on the 9/9/11 DWI charges, and pled not guilty. The problem is that records show that a year earlier, in May of 2010 to be exact, he pled guilty to another DWI charge following a minor accident on the Bear Mountain Parkway in Cortlandt, just west of Route 202. On that initial charge, Molloy pled guilty to a misdemeanor DWI and was sentenced to a one year conditional discharge, a fine and discharge of $900.00 in total, and a six month license suspension.

The issue for Mr. Molloy now is that he has been charged with a second DWI within 10 years, and under the Vehicle and Traffic Law Section 1192, he must be charged with a felony DWI. Although Molloy has a further Court date on October 21, 2011 in the Cortlandt Town Court, local Courts such as Cortlandt do not have jurisdiction of felonies, so the case will be transferred to the Westchester County Court.

Further, Mr. Molloy is now facing the stark reality of the following as a result of an E felony DWI charge under Vehicle and Traffic Law Section 1192: A probable sentence to five years probation rather than a conditional discharge, in which the Probation Department will have involvement in the decision when he can drive again; the requirement to install and maintain at his own expense an ignition interlock device (IID) in his vehicle for at least one year, by which the vehicle will not start unless the driver has alcohol free breath; fines of at least $1,000 with a maximum of $5,000.00; the requirement to attend alcohol counseling though the Countywide program known as TASC (Treatment Alternatives For Safer Communities); the obligation to pay $750.00 in fines to the New York State Department of Motor Vehicles (NYSDMV), known as the “Driver Responsibility Assessment” (payable in three annual installments of $250.00 or all at once at the driver’s option); and attendance at one session of the MADD Victim's Impact Panel. Molloy will also not be eligible to attend the New York State Drinking Driver Program, which permits drivers to obtain a conditional license to drive to and from work, because the program can only be attended once every five years, and Mr. Molloy would have been required to take this program in 2010 following his previous conviction. Thus, he is now not eligible for a conditional license.

Continue reading "2nd DWI Arrest for Westchester Board Of Legislators Aide" »

In an ironic twist, Darryl Towns, former Brooklyn assemblyman and one of the proponents of Leandra's Law, which strengthened the penalties for DWI cases in New York, has been charged with drunk driving and will likely be sentenced to some of the provisions he voted for in 2009 when Leandra's Law went into effect. On July 3, 2011 at approximately 1:40 AM, Mr. Towns, New York State's Housing Commissioner, struck a barrier along an exit ramp while merging onto the Hutchinson River Parkway in Mount Vernon. He apparently failed the three standard Field Sobriety Tests, including the walk and turn and one leg stand, and a chemical test was reported to reveal a blood alcohol concentration (BAC) of 0.16%, which is double the legal limit of 0.08% for a DWI charge.

Generally speaking, and with variations for men and women (men have more muscle and women more body fat), body size, food consumed, and type of liquor ingested, a BAC of 0.16%, if accurate, is likely due to the consumption of between approximately 8 and 10 drinks. The Westchester County District Attorney's Office has a general policy of not permitting a reduced plea in a DWI case in which the driver has a BAC of 0.16% (the cut off is usually no more than 0.15%) down to a DWAI, (Driving While Ability Impaired), which is a traffic infraction, not a crime. A DWI can be a misdemeanor or a felony depending on the circumstances and whether this was Mr. Towns' first offense.

Mr. Towns pled not guilty to the charges at his arraignment before Judge Helen Blackwood in the Mount Vernon City Court. He is expected to take a plea to DWI on August 18, 2011. If Mr. Towns pleads guilty to the DWI charge, he will be sentenced to a fine of $500.00 with a New York State surcharge of $400.00, be required to attend a Victim's Impact Panel sponsored by MADD, (Mothers Against Drunk Driving), be ordered to undergo alcohol screening and evaluation through a County sponsored program (and treatment if needed), have to install and maintain at his expense an Ignition Interlock Device in any cars he owns or operates for 1 year, and attend the DMV sponsored Drinking Driver Program, which is a 7 week class that is approximately 16 classroom hours. He will also be fined $750.00 by the DMV in what is known as a "Driver's Responsibility Assessment."

Continue reading "NYS State Housing Commissioner Towns Charged With DWI" »

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" »

George Kiaha, a 25 year old Garrison resident, was sentenced this week to the maximum 2 1/3 to 7 year jail sentence for the September 4, 2009 fatal DWI that resulted in the death of 55 year old Ralph Wood and injured five members of his family. The D.A.'s office claimed that Mr. Kiaha had a blood alcohol concentration (BAC) of 0.11 when the vehicle he was operating in Cortlandt Manor crossed a double yellow line and struck head-on the car in which Mr. Wood was a passenger. All the occupants of both vehicles were hospitalized. Mr. Wood apparently suffered a ruptured spleen in the crash, went into cardiac arrest and died.

Mr. Kiaha was convicted by a Westchester County jury of all counts against him, including vehicular assault (the top count), criminally negligent homicide, reckless driving and five misdemeanor counts of assault for each of the occupants of the other vehicle in the crash. He was sentenced by Judge Barbara Zambelli to the severest sentence possible for vehicular manslaughter. Mr. Kiaha's defense attorney argued to the jury that poor police work and mishandled evidence created doubt as to the blood alcohol findings taken at the hospital, but the jury did not accept that contention.

The attorney had asked the Court to sentence Mr. Kiaha to what is known as shock probation, which involves some jail time and then five years probation, but Judge Zambelli rejected that request. It is not yet clear if Mr. Kiaha will appeal his conviction. Certainly, the severity of Mr. Kiaha's sentence was affected in part by the obvious tragic circumstances of the accident, and in addition, the fatal accident on the Taconic in 2009 and the effects of Leandra's Law, which became fully effective this past August.

Continue reading "Westchester County Fatal DWI--Defendant Gets Maximum Sentence" »

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" »

Andrew Gallo, the 24 year old construction worker convicted of felony DWI in the April 9, 2009 car accident which killed Los Angeles Angels pitcher Nick Adenhart, 20 year old Courtney Stewart and 25 year old Henry Pearson, was sentenced to 51 years to life in prison on December 22, 2010. The tragic accident occurred when the defendant ran through a red light at 65 miles per hour and t-boned the car in which Adenhart, Stewart and Pearson were passengers. Another occupant, Jon Wilhite, suffered severe injuries including the separation of his spine from his skull, but amazingly survived the accident.

Gallo was previously on probation for felony DWI when the April 9, 2009 accident occurred. Gallo's BAC (blood alcohol concentration) was allegedly almost three times the legal limit. Judge Richard F. Toohey of the Santa Ana Court sentenced Gallo to 15 years for each of the three passengers killed in the accident, and to 6 years for the injuries suffered by Mr. Wilhite.

Nick Adenhart was a promising rookie pitcher for the Angels who had pitched for the team earlier in the evening of the accident and was out with friends to celebrate at the time of the accident.

Continue reading "51 Year Sentence In Adenhart DWI Case" »

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" »

New York Jets wide receiver Braylon Edwards was charged with DWI this past Tuesday when his Range Rover was pulled over by New York City police for having excessively tinted windows. Allegedly, Edwards failed field sobriety tests and took a breathalyzer which revealed a BAC (blood alcohol concentration) of .16%, which is twice the legal limit of .08% in New York State.

The NFL has a "Player Protect Program", which is a 24 hour driving service strictly for professional athletes. If a player needs a lift home, he can call at any time and will be driven home in a luxury SUV. Unfortunately for Edwards and the Jets, he did not avail himself of this service, and now faces a New York DWI and DWAI (driving while ability impaired) charges. Edwards was signed by the Jets last year after being released by the Cleveland Browns when he was charged with aggravated disorderly conduct as the result of allegedly punching a friend of Lebron James outside a nightclub. He pled guilty to misdemeanor aggravated disorderly conduct in January. The outcome of the DWI case could cause Mr. Edwards to have a probation violation back in Cleveland. Thus, his attorney will attempt to negotiate a plea in New York which would not trigger a probation violation in Ohio.

If Edwards is convicted or pleads guilty to a DWI charge, he could face up to 12 months in jail, is subject to a fine of approximately $900.00, will have his license to operate a motor vehicle revoked for at least 6 months, and will have to install an ignition interlock in any vehicles he owns or operates. He will also be required to attend alcohol treatment classes, and a 7 week program sponsored by the New York State Department of Motor Vehicles (NYDMV) known as the "Drinking Driver Program."

Continue reading "Jets Wide Receiver Braylon Edwards Charged With DWI" »

The wife of Robert F. Kennedy Jr. has been charged with Driving while impaired by drugs within one month of pleading guilty to a Driving while ability impaired (DWAI) in the Bedford Town Court. This past Saturday, Ms. Kennedy was arrested by police in Dutchess County after allegedly being observed driving 82 m.p.h on the Taconic Parkway. When she failed standardized field sobriety tests, and was examined by a drug-recognition expert at the police barracks in Millbrook, New York, she was charged with DWAID, or driving while ability impaired by drugs.

Back on July 22, 2010, in the Bedford Town Court, Ms. Kennedy pled guilty to a reduced charge of driving while ability impaired arising out of an incident on May 15, 2010, in which police in Bedford observed Ms. Kennedy's vehicle strike a curb outside a school. At that time, she was found to have a BAC of .11, more than the legal limit of 0.08%, which resulted in a DWI charge. Kennedy's sentence in the Bedford case included a $500.00 fine, the requirement to attend the mandatory drinking driver program, (which is a seven week class that all motorists convicted of any DWI charge must take), and an order that she submit her quarterly evaluations from her psychiatrist to the Court.

Most critically for Ms. Kennedy, she was permitted to obtain a "Conditional discharge" and conditional license in the Bedford case, which allowed her to drive in limited circumstances including to and from work, DDP classes, to an accredited educational institution, and medical appointments for her herself and family members. The terms of the conditional discharge mandated that Ms. Kennedy not have any other DWI or other criminal charges within one year of the July 22 guilty plea.

Thus, if the new charges are substantiated, in addition to the penalties she will face in the August 21 incident, Ms. Kennedy will be found to have "violated her conditional discharge", losing her conditional license and facing the possibility that Bedford Town Judge Kevin Quaranta will sentence her to up to 15 days in jail as the maximum penalty for the original DWAI conviction.

Continue reading "Second DWI Charge For Mary Richardson Kennedy" »

Beginning on August 15, 2010, as part of Leandra's Law passed by the New York State Legislature last November, motorists convicted of New York DWI will be required to install and maintain ignition interlocks in their vehicles. The law will apply to drivers convicted of felony DWI or misdemeanor DWI. Anyone convicted of or pleading guilty to driving with a blood alcohol level of 0.08 BAC or above will be required to obtain the ignition interlock.

The ignition interlock measures the level of alcohol of a motorist's breath. If the device detects a trace of alcohol on the driver's breath, it will not permit the car to start. Further, the driver will periodically have to blow into the device on a regular schedule, and if he or she fails to do so, or does have alcohol on his or her breath, the car's horn will begin to sound, or the lights will start flashing, to alert authorities that the driver has failed to comply with the ignition interlock system in the vehicle. Some devices will cut off the ignition if the driver has failed the test while driving.

The Westchester County Department of Probation will administer the ignition interlock program here in Westchester County. It will be interesting to see how the program functions in the early stages, since at present, the installation of ignition interlocks in vehicles has only applied to multiple DWI offenders or in felony DWI cases. Thus, adding on misdemeanor and first time DWI offenders will substantially increase the burden on the Probation Department and likely create enforcement problems in the early stages of the ignition interlock program.

Continue reading "Ignition Interlock Devices Now Mandatory In DWI Convictions" »

A recent New York DWI case in Port Chester highlights the significance of Leandra's Law, which was enacted by the New York State Legislature in November of 2009. Under Leandra's Law, also known as the Child Passenger Protection Act, a motorist with a blood alcohol content (BAC) of 0.08 or above, or under the influence of drugs, with children under age 16 in the vehicle, is automatically charged with a felony, even if it is his or her first DWI charge. The law was named after Leandra Rosado, who was killed last October in New York City when her friend's mother overturned her car while intoxicated. Several other children were also injured in that accident.

This week, Port Chester resident Marcos Venegas was charged with six counts of felony DWI when he was stopped by police with 6 children under the age of 16 in his car. Apparently, Mr. Venegas had to pull over when one of his passenger became sick, and the police claim that when they investigated Mr. Venegas smelled of alcohol and was found to have a blood alcohol content above 0.08. Venegas was released on $1,000 bail and is due back in Court in mid June.

Leandra's Law contains very stiff penalties: A conviction without any injuries results in a class E felony punishable by up to 4 years in prison. If a child passenger is injured, the motorist may be charged with a Class C felony and face a maximum prison sentence of 15 years. If a child is killed, the driver can be charged with a Class B felony punishable by up to 25 years in prison.

Continue reading "New York DWI--Leandra's Law" »

On April 25, 2010, police in upstate Oneida County arrested a 20 year old Bedford resident for a New York drunk driving charge while he was supposedly driving at 153 mph. The driver, Shane Crolick, was reported to have been driving a 2005 Dodge Neon with three other people in the vehicle when he was chased by a trooper and eventually crashed his vehicle into a guardrail. Fortunately, no one was injured in the incident.

According to Terence Corcoran of Lohud.com, more than 100,000 drivers were convicted of speeding on Lower Hudson Valley roadways from '06-'07 and about 450 were convicted of operating their vehicles in excess of 100 miles per hour.

Mr. Crolick is charged with Driving While Intoxicated (Blood alcohol level above 0.08 percent), reckless driving and unlawful flight (for attempting to avoid arrest), which are all misdemeanors under New York State law. He was released on $5,000 bail. If Mr. Crolick has no prior DWI's and speeding tickets, he may be able to obtain a reduced plea to a DWAI, or Driving While Ability Impaired, which would then allow him to avoid a criminal record, as a DWAI is a traffic infraction, not a crime such as a DWI. However, due to the charge of operating at such a high speed under the Vehicle & Traffic Law, there is a question as to whether the local prosecutor would be willing to reduce the charges. We will attempt to follow the outcome of this case.

Continue reading "New York DWI Charge For Bedford Man Allegedly Going 153 MPH" »

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.

Continue reading "Two Westchester Police Officers Charged With DWI" »

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" »