As many Western New Yorker’s are aware, there has been a rash of vehicles crashing into buildings in 2011 so far, including the most recent today, September 30^th, into the front of Dessert Deli in a busy plaza at Maple and North Forest in Williamsville.

If these unfortunate incidents are truly accidents, the drivers will be charged accordingly. Those charges could include anything from inadequate brakes (a misdemeanor), failure to use due care (infraction or misdemeanor, depending on circumstances), speed not reasonable and prudent (3 points), to maybe even a charge of parking in a prohibited place! (max $150 fine). Depending on their driving records, they may be able to negotiate a reasonable deal with prosecutors. If alcohol or drugs are involved, the driver can be expected to be charged criminally. The drivers need to stay on site, though, because leaving the scene of an accident involving a personal injury is a separate crime. Civilly, the driver is also on the hook for damage to person or property, as well as the owner of the vehicle.

Our advice to drivers and building owners is the same:  review your insurance coverage and make sure you are properly protected. Paying attention while driving no matter where you are goes without saying. There are serious consequences as indicated by these unfortunate accidents resulting in property damage, serious injuries and in some cases even death to the driver and innocent pedestrians.

Tags: car insurance, Dessert Deli, driving misdemeanor, vehicle accident

Published in a recent article in the Buffalo News, a Hamburg woman received both jail and probation time for driving under the influence of a narcotic drug with young children in the vehicle.  Drinking and driving laws in New York will continue to become more strict each year. Leandra’s Law imposes two new major consequences on defendants convicted of DWI or driving while impaired by drugs with children in the car.

First, as this article discusses, Leandra’s Law re-classified the crime as a felony instead of a misdemeanor, which results in more severe sentences. Second, it requires the defendant to install an ignition interlock device in every car they own or operate, which imposes added expenses and burdens on the individual. In many cases, the defendant will not be given an opportunity to negotiate a reduction in the charge, so defense attorneys are focusing their efforts on attempting to get a commitment from the court for a more favorable sentence. Another problem that is not discussed in this news article is the likelihood that a civil lawsuit will be brought against the drinking driver and the owner of the vehicle to recover money damages. It’s important to have the experienced counsel to evaluate these issues and be prepared to address them as they arise.

Tags: driving under the influence, driving under the influence of drugs, dui, hamburg, Leandra's Law, swi

On February 16, 2011, the New York State Department of Motor Vehicles announced that it will be imposing a two-point penalty, in addition to the $100 fine already in effect, for drivers caught talking on their hand-held cell phones while driving.  New York was the first state in the country to ban hand-held phone use while driving in 2001 in an attempt to decrease the number of driver distracted accidents.  Today however, one in five car accidents is driver distraction related.  New York is hoping that by adding the points punishment, drivers will obey the laws more seriously.

This new rule will make it the same number of points for texting while driving, although texting and driving comes with a fine of $150.  Drivers who collect eleven penalty points in eighteen months may face a suspension of their license. Points can add up quickly, so think before you pick up that call!

Tags: cell phone, driving, license suspension, new york state, texting

The newest additions to New York’s DWI law are Leandra’s law and the ignition interlock device.  Leandra’s law makes it a felony to drive a vehicle while impaired by alcohol or drugs with a child who is fifteen years of age or younger in the vehicle.  The ignition interlock device is like a breathalyzer that is installed inside your vehicle and prevents the vehicle from being operated if the driver has consumed alcohol. (more…)

Tags: aggravated dwi, DWI, ignition interlock, Leandra’s law

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. (more…)

Tags: Child Passenger Protect Act, Leandra Rosada, Leandra's Law, ROAD SAFE Act

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. 

Tags: DWI, ignition interlock, recent amendments

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 (more…)

Tags: drinking and driving, DWI, dwi cost, dwi implications, financial penalties