When clients are charged with DWI in Westchester County, it is well known among defense attorneys that a blood alcohol concentration (BAC) of 0.15% or above is the cutoff which the District Attorney’s Office uses when determining whether they will offer a plea bargain to a lesser charge. Inotherwords, if…
In Part 1 or this article, we discussed the circumstances of when a motorist is required to install an ignition interlock device in their vehicle, how the IID works, how long the IID must remain in the vehicle and the crimes that require the installation of an ignition interlock device.…
In August of 2010, the New York Vehicle & Traffic Law was amended as part of Leandra’s Law to include a provision that in all DWI convictions, the motorist is required to install and maintain an ignition interlock device (IID). An IID is a device which prevents a car ignition…
According to a study reported by Ken Valenti in The Journal News this week, arrests for driving while ability impaired by drugs (DWAID) is a prevalent problem in Westchester, Rockland and Putnam Counties, and more drivers were arrested on this charge in 2011 than ten years ago, despite increased public…
When you are stopped for a New York DWI, the investigating officer is required to make an initial determination whether your driving is impaired by alcohol, drugs or a combination of the two. The initial basis for the traffic stop is premised on whether the officer has a reasonable suspicion…
With the arrival of summer and longer daylight hours, families go to more parties and events. Motorists are charged with more DWIs in the summer, especially on the major summer holiday weekends – Memorial Day, Fourth of July, and Labor Day. For the quarter-century that the National Highway Traffic Safety…
I recently represented a client in a Mount Vernon DWI case. He had been charged with a DWI a few weeks before, and had no alternative options to get to work other than driving himself–he lives alone, has no local friends or family, and works in a location which does…
On January 30, 12011, a 45 year old Ossining man became the first allegedly drunk driver in Westchester County to be indicted for violating the new ignition interlock provisions of Leandra’s Law, which went into effect last August. Leandra’s Law requires, among other things, that if a motorist is convicted…
Putnam County District Attorney Adam Levy has installed a vigorous anti-DWI program since his tenure began in 2008. Levy, a former criminal defense lawyer, has worked with local police agencies in adopting a vehicle forfeiture program in felony DWI cases. Since implementation of the seizure plan in January of 2010,…
According to a federal report in the National Survey on Drug Use and Health, almost one in eight drivers 16 years of age or older drove while intoxicated in the last year. The study indicates that an estimated 30.6 million drivers were under the influence of alcohol, and 10.1 million…