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Archive for the ‘Criminal and Traffic Law’ Category

Leandra’s Law Expanded

July 26th, 2010 by Kevin Mahoney | No Comments | Filed in Criminal and Traffic Law, DWI

In November 2009, Governor Paterson signed the Child Passenger Protection Act, also known as Leandra’s Law. The law is named after Leandra Rosada who was eleven years old when she was killed while in a vehicle operated by a friend’s drunken mother. Read on…

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Recent Amendments to NY’s DWI Law

February 15th, 2010 by Jaclyn Wanemaker | No Comments | Filed in Criminal and Traffic Law, DWI

Recent amendments to NY’s DWI law add significant penalties and make it a felony to drive under the influence with a child in the car. 

 

Before the recent amendments, police officers would often charge a DWI defendant who has a child in the car with misdemeanor Endangering the Welfare of a Child.  Now, it is a felony under the DWI law to drive under the influence with a passenger under age 16 and such action must be reported to the Department of Social Services if the driver is the child’s parent, guardian or custodian. 

 

In addition, the new law mandates the installation of ignition interlock devices for first time DWI offenders.  An ignition interlock is a that device requires the driver to blow into a mechanism that checks for alcohol; if alcohol is detected, the car’s ignition won’t start and the result is reported to the individual’s sentencing court and probation officer.  Noncompliance and tampering with the device is a misdemeanor. 

 

It is more important than ever to retain counsel for drinking and driving offenses, as early in the case as possible. 

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Financial Consequences of DWIs

January 30th, 2009 by Jaclyn Wanemaker | No Comments | Filed in Criminal and Traffic Law, DWI

While most of us recognize the dangers of drinking and driving and the implications that a DWI conviction can have on our licenses, many people do not appreciate how substantial the financial penalties are.

There are numerous drinking and driving offenses in NYS, the most common of which are: (a) driving while ability impaired (“DWAI”); (b) driving while intoxicated (“DWI”); and (c) aggravated driving while intoxicated (“ADWI”). You can be charged with DWAI for having a blood alcohol content (“BAC”) of 0.05 – 0.07%. DWI can be charged when the BAC is 0.08 – 0.17% and ADWI can be charged when the BAC is 0.18% and above. You can also be charged with drinking and driving based on Read on…

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