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Poughkeepsie DWI Defense Law Blog

Man pleads guilty in New Year's Day drunk driving case

A 31-year-old New York man faces up to 10 years in prison when he is sentenced for aggravated vehicular assault in November. The Utica resident pleaded guilty to one count of aggravated vehicular assault in an Erie County courtroom on Sept. 15 as part of a prearranged plea agreement. The man originally faced a raft of charges in connection with a New Year's Day drunk driving accident that left four people seriously injured. The accident took place on Richmond Avenue in Buffalo at approximately 1:00 a.m.

Police say that the man's blood alcohol level was more than twice the .08 percent New York legal limit when he lost control of his vehicle and struck another car and a group of pedestrians. Media reports indicate that the man was detained by bystanders after attempting to flee the scene on foot, and police officers say that he was taken into custody after failing three field sobriety tests.

Con Ed driver files lawsuit after license revocation ends

A Con Ed worker who was involved in a fatal accident that left an elderly New York man dead was found guilty in August of not exercising due care. As a result, the New York State Department of Motor Vehicles revoked his license for one month.

The accident occurred on Nov. 27, 2013, at the intersection of Avenue C and E. 16th Street. At about 5:15 p.m., the worker was making a left turn in a Con Ed truck when he collided with the 88-year-old woman. After three years of court hearings and an appeal, the man was finally found guilty and his license was revoked. After the month has ended, the worker filed a lawsuit against the DMV, claiming that the agency was taking to long to process his application for the reinstatement of his license.

School bus driver DWI charges dropped

Charges of driving while impaired against a New York school bus driver have been dropped after blood tests revealed only a small amount of prescription drugs in her system. The 46-year-old was charged with DWI on April 29 after concerned students called 911.

According to state police, the bus was transporting more than 20 lacrosse team students and two adult coaches to a game and traveling on Route 481. Students became concerned and called 911 because the bus was swerving and hit the shoulder several times. The coaches were sitting in the front of the bus at the time.

Nurse’s arrest brings attention to blood draws and privacy rights

Privacy rights are important in this country. Our founding fathers took these rights so seriously that they enumerated them within the Constitution. The Fourth Amendment clearly states that we are free from unreasonable searches.

Unfortunately, violation of these rights is not uncommon. A recent case out of Utah provides an example.

New York's focus on Labor Day drunk drivers

The Dutchess County Sheriff's Office and local municipal police forces regularly participate in impaired driving crackdowns over holiday weekends. This past Labor Day period was no exception. The New York State STOP-DWI Association promotes enforcement actions like this to reduce accidents caused by drunk drivers.

Law enforcement views the effort as especially important this year because of a rise in traffic fatalities related to drunk driving. Data from the National Highway Traffic Safety Administration revealed that 10,265 people died in crashes with intoxicated drivers in 2015. This represented a 3.2 percent increase in drunk driving fatalities from 2014.

Man pleads guilty in vehicular homicide case

A New York real estate developer has pleaded guilty to aggravated vehicular homicide and other charges related to a car accident in September 2015 that resulted in the death of one person. The driver had a blood alcohol level of .18 percent several hours after the accident. He allegedly left the scene of the accident and left his passenger on the side of the road near the place where the crash occurred.

The crash happened in front of the home of the 53-year-old male passenger. An investigation established that the 44-year-old driver of the 2013 Porsche hit a utility pole, removed the passenger's body from the car and then drove away from the scene. He was found in his car about a quarter of a mile away.

Prison time after fatal DWI hit-and-run

A Long Island man has been sentenced for a fatal DWI hit-and-run that took place in December 2014 when he collided with a vehicle on Southern State Parkway. He was found guilty on a variety of charges and was sentenced on Aug. 11 to no less than 14 years in prison.

The man who caused the crash reportedly spent time drinking alcohol and smoking pot at a Queens strip club. The accident took place at around 6:30 a.m. when the man traveled across three lanes of traffic and rear-ended the vehicle of a man going to work. The 59-year-old ironworker, who was from Hempstead, was killed. The other vehicle was traveling at 84 mph, and the impact sent the ironworker's car off the road and into a tree. When the first vehicle left the scene, witnesses provided a description to police. The motorist reportedly tried to destroy evidence by hiring someone to set his car on fire. The car was found on fire in front of the home where the man's children live.

Ignition interlock devices not used by many with DWI convictions

Many New Yorkers who have been convicted of drunk driving and ordered to use interlock ignition devices may not be using those devices. They are getting around it by borrowing the cars of others even though their licenses say they must use the device.

The study found that nearly 80 percent of drivers in Schenectady and Rensselaer counties who were supposed to use the device did not while around two-thirds of offenders in Albany and Saratoga counties did not. In 15 counties, between 90 and 100 percent of convicted drivers did not have the device installed.

Man faces another DWI charge

A 31-year-old man was stopped by police on July 25 in Auburn, New York, after authorities say they saw his car being driven erratically. The man was stopped on North Street and was asked to perform field sobriety tests. He refused to take a breath test after being sent to a state police station.

He was charged with a felony count of driving while intoxicated because he had a previous conviction 10 years ago. He was also charged with failure to stop at a red light as well as failure to keep right and maintain his lane. The driver was scheduled to appear in Auburn City Court on Aug. 3 for a hearing related to his refusal to take a breath test.

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