New York DWI Lawyer Blog

Under legislation signed by Governor David Paterson on July 19, 2010, additional medical professionals will now be authorized to take blood from motorists charged with DWI. Under the original law, Section 1194 (4) of the New York Vehicle & Traffic Law, if requested by a police officer, the persons authorized to withdraw blood for determining the alcoholic or drug content are physicians, registered nurses, or registered physician's assistants. Additionally, if supervised by a physician, a medical laboratory technician, medical technologist, a phlebotomist, or an advanced emergency medical technician are also permitted to draw blood to determine blood alcohol content (BAC).

The modification to the existing statute will now permit advanced EMT's and certified nurse practitioners to withdraw blood from those charged with driving while intoxicated without supervision by a physician.

The impetus for the new law came from the family of Jack Shea, who was a two time gold medalist in speed skating in the 1932 Olympics. On January 23, 2002, an alleged drunk driver crashed into the vehicle operated by Mr. Shea, who later died from his injuries. The driver's blood was drawn by an EMT, who was not supervised by a physician. As a result, the charges of vehicular manslaughter, criminally negligent homicide and driving while intoxicated were dismissed. Apparently, the reason that the EMT was required to draw the blood is that the physician's assistant and nurse were attending to Mr. Shea. The Warren County D.A. Kate Hogan stated: " Prior to today, there were hundreds of cases where dunk drivers who killed or seriously injured people were having their blood drawn by someone who is legally entitled to draw blood in the medical community, but because of an anomaly in the vehicle & traffic law, could not draw blood for purposes of criminal prosecution...it resulted in evidence, critical evidence, being suppressed and cases dismissed."

Continue reading "DWI Loophole Now Closed By New Law" »

NY Governor Paterson signed "Leandra's Law" on November 18, 2009, by which motorists accused of a New York drunk driving offense with a child under age 15 in the car will be charged with a felony. The law, which will actually go in effect on August 15, 2010 (270 days from the signing date), will also require that motorists convicted of a New York DWI install an interlock ignition device in their vehicles for at least 6 months.

Interlocks have been used for many years in NY Felony DWI cases, by which the motorists must blow into the device with alcohol free breath before their cars will start. According to the Westchester County Probation Department, they presently monitor 162 drivers required to use ignition interlocks. Westchester oversees over 1,700 motorists on probation for New York DWI, with 602 convicted of felonies. To prevent a drunk driver from utilizing a sober person to blow into their device, many agencies now use ignition interlocks which require the motorist to continue to blow into the interlocks at regular intervals. If the device does not get a non-alcohol breath, the car's horn will blow and the lights on the vehicle will flash to alert authorities.

An ignition interlock costs $75.00 to install and $75.00 per month for maintenance fees. It is possible to get false readings if someone recently used mouthwash, for example, but waiting 5 to 10 minutes is usually all that's needed to try the device again.

Continue reading "New York DWI Laws--Ignition Interlocks More Prevalent in 2010" »

Last month 11 year old Leandra Rosado was killed in a New York DWI accident on the Henry Hudson Parkway when the driver, 32 year old Carmen Huertas, lost control of the vehicle and it overturned. There were seven girls in the car between the ages of 11 and 14. Ms. Huertas was charged with vehicular manslaughter and driving while intoxicated.

As the result of this tragic accident, New York Governor David Paterson pushed "Leandra's Law", which would make it a felony to drive drunk with a child in the vehicle. Lenny Rosado, Leandra's father, and MADD (Mothers Against Drunk Driving) pushed for the bill's passage. The New York State Senate was ready to approve the bill this past week, but apparently, Assembly Democrats, led by Speaker Sheldon Silver, sought to weaken the bill by making the penalty a misdemeanor rather than a felony unless the driver's BAC (Blood Alcohol Content) is at least 0.18, more than twice the legal limit of 0.08.

Silver is sure to face some opposition and criticism for his attempt to weaken Leandra's Law. In response, Governor Paterson suggested that the BAC for a violation of the law be increased so that a BAC of 0.13 could result in a felony, halfway between the legal limit and the level in the bill. MADD is also seeking to have a mandatory requirement that anyone convicted of a New York DWI be required to install ignition interlocks in their vehicle.

New York is now the third state in the United States to make it a felony to drive while intoxicated with a child in the car, and the 12th state to require ignition interlocks for motorists convicted of drunk driving.

Continue reading "New York Drunk Driving--"Leandra's Law"-Will It Pass?" »

The Westchester County Board of Legislators has passed legislation requiring the forfeiture of cars for motorists convicted of any Westchester County drunk driving offense beginning on December 15, 2010. The new law also applies to those convicted of unlawful speed contests or drag races in Westchester County. The four county parkways which the new law would apply to are the Saw Mill River Parkway, Bronx River Parkway, Cross County Parkway, and the Hutchinson River Parkway. Thus, drivers convicted of Westchester County DWI or DWAI on major roadways such as 684, the Taconic Parkway or I-287 would not have their vehicles confiscated as these roadways are operated by New York State, not Westchester County. Interestingly, statistically speaking, there any many more speed contests and drag races on 684 than on the four county run parkways.

Westchester County police have made 498 DWI arrests this year, fast approaching the 588 arrests made in 2008. Opponents of the bill were in favor of the installation of an ignition interlock device, which the DWI convicted motorists would be required to blow into before starting his or her vehicle. If the device detects alcohol, the driver is not able to start the car. Clearly, there is a big difference between a driver who is convicted of a Westchester County DWI for the first time, and who has not injured anyone or been involved in a property damage accident, as opposed to a recidivist who has injured others or damaged property. Without doubt, the Westchester lawmakers were influenced by the tragic Schuler accident this past July, in which 8 people lost their lives when Diane Schuler drove her car the wrong way on the Taconic Parkway, killing herself, her daughter, three nieces, and three men in the car she struck. Ironically, the new law would not have applied in the Schuler accident as it occurred on a state operated road.

The forfeiture law will have a "hardship relief" provision, in which the defendant can avoid the forfeiture penalty if he or she can prove that confiscation would create substantial burdens on the defendant's ability to travel to and from work, school, or medical treatment. This "hardship relief, if granted, would still require the installation of an ignition interlock in the car.

Over the last several years, there has been a continuous increase in Westchester County DWI arrests.The New York State Division of Criminal Justice Services reports that adult arrests for felony or misdemeanor DWI went from 2,337 in 2002 to 2,650 in 2007. The Westchester County Department of Probation notes that those convicted of DWI offenses account for 23% of their cases.

Continue reading "Westchester County DWI--Forfeiture Law In Effect In 2010" »