New York DWI Lawyer Blog

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" »