On March 26th, Bobby Brown, the 43 year old ex-husband of the late Whitney Houston, was arrested on driving while intoxicated charges in Los Angeles. He was apparently observed speaking on a cell phone without a hands-free device when he was pulled over at approximately 12:30 PM. The arresting officer requested that Brown perform Field Sobriety tests, which he allegedly failed.
It has been illegal to speak on a cell phone without a hands-free device in California since 2009. In New York, the law was recently changed under section 1225 of the Vehicle and Traffic Law to make a cell phone violation a 3 point infraction, in addition to $150.00 fine for the violation.
Mr. Brown has a prior DUI conviction in Georgia in 1996 and served 8 days in prison. Fortunately for him, in California, DWI convictions remain on a driver’s record for only 10 years, so the 1996 Georgia conviction will not affect the outcome of Brown’s present charges in California.
After Brown was stopped on March 26, he submitted to a breathalyzer which reportedly revealed a blood alcohol concentration (BAC) of 0.12%, which is higher than the legal limit of 0.08%, The legal limit was reduced to 0.08% from 0.10% in California in 1990. If Mr. Brown is convicted or pleads guilty to the DUI charges in California, he is subject to a fine of up to $1,000.00, a possible jail term of up to six months, and a six month license suspension.
If Mr. Brown was found guilty of DWI charges in New York, he would be contending with a six month revocation of his driver’s license; a $500.00 fine and mandatory New York State surcharge of $400.00; be required to install and maintain an ignition interlock device (IID) in any vehicle he owns or operates for one year; be screened for alcohol/substance abuse, be required to attend a 7 week “Drinking Driver Program” sponsored by the New York State Department of Motor Vehicles (known as the “DDP”), and also be required to attend a Victim Impact Panel sponsored by Mothers Against Drunk Driving. Further, he would be facing an additional fine of $750.00 known as a “Driver’s Responsibility Assessment” from the Department of Motor Vehicles.
If you or a loved one are charged with a DWI, aggravated DWI, Felony DWI under Leandra’s Law, or a chemical test refusal, contact the Westchester County DWI Attorneys online or toll free at (914) 428-7386. Our experienced, knowledgeable attorneys provide a free initial consultation to discuss your case in detail, and the legal options available to you in order to limit any fines, effect on your driver’s license or privileges, and lessen as much as possible the implications of the charges against you, whether by trial, plea bargain or other resolution.