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Poughkeepsie DWI Defense Law Blog

New York driver charged with felony DWI

A resident of Westchester was recently arrested in Croton-on-Hudson and charged with a felony due to his second DWI in the past decade. According to authorities with the New York State Police, the 42-year-old man was arrested at approximately 3:40 a.m. on Feb. 9.

According to police, the man was operating a 2017 Dodge Challenger on Route 9. Officers reportedly observed the man make a traffic violation and subsequently pulled him over. The officers made contact and suspected that the man was under the influence of alcohol although it was not reported why they suspected him to be impaired. The man was taken into custody, and investigation into the defendant later determined that he had a previous DWI conviction.

Marijuana’s 4/20 celebration increases fatal crashes

Even if you’re not a marijuana user, you may know that the drug is associated with 420. Legend has it that a group of teens calling themselves the Waldos from San Rafael High School in California would meet at 4:20 p.m. before heading out to the woods to search for a fabled patch of cannabis. From there, the term went to the Grateful Dead and into the cannabis magazine High Times and on into popular culture.

And now 4/20—April 20—is recognized as the official marijuana holiday. How is it celebrated? This may come as a total shock, but it’s celebrated with weed. Thousands gather every April 20 at Golden Gate Park in San Francisco, while smaller groups gather around the country celebrating the day. Sounds like good, clean fun. Or is it?

Man charged with DWI at DWI victim meeting

Police say that a 51-year-old New York man showed up to a meeting with a blood alcohol content three times the legal limit. He had been ordered to attend the meeting as part of a sentence on a DWI conviction. The purpose was to listen to others who had experiences with drunk drivers. The man insisted that he had not driven to the meeting on his own.

However, police reportedly saw him get into his truck and attempt to leave. Police conducted a traffic stop and and took him into custody for DWI. He was charged with aggravated felony unlicensed operation of a motor vehicle in addition to aggravated DWI. The DWI charge was a misdemeanor, and the unlicensed operation charge was a felony because he was driving on a license suspended because a conviction on charge related to alcohol.

New York man found asleep in car charged with DWI

Police in New York took a 51-year-old man into custody on drunk driving charges on the afternoon of Jan. 27 after he was allegedly discovered passed out behind the wheel. A captain with the Port Authority Police Department, who was patrolling in a marked vehicle at the time, is said to have come across a 2008 Nissan Altima at approximately 2:00 p.m. on Gulf Avenue near the National Grid building in Richmond County's Mariners Harbor neighborhood.

According to a written statement released by the Port Authority of New York and New Jersey, the captain approached the car because it was blocking part of the roadway. The captain says that he observed the man slumped in the driver's seat with his eyes closed. When he awakened, the man is said to have been unsteady on his feet as he attempted to exit his vehicle.

Tractor-trailer driver detained for DWI

A 46-year-old tractor-trailer driver from out of state was taken into custody in New York on Jan. 19 after state troopers received a report of the vehicle cutting off other vehicles and weaving. The big rig was traveling southbound on I-87 going to Albany County from Saratoga County. Troopers observed the vehicle changing lanes erratically and made the traffic stop in Colonie.

The troopers conducted a field sobriety test and took the the Texas man into custody for driving while intoxicated in a commercial vehicle. There was also a passenger in the truck who had a handgun.

5 tips to follow when you are a designated driver

You and your friends are going out for a night on the town. Everyone wants to be safe so you have agreed to the designated driver for the night. You’ll forgo having drinks and ensure your friends get home safely.

The role of designated driver is extremely important.

High-risk drivers: Are you heading for a suspended license?

Have you received more than two traffic violations in the last year? If so, you might be a high-risk driver. New York’s Driver Violation Point System allows the Department of Motor Vehicles (DMV) to discover and penalize high-risk drivers with multiple traffic violations. 

Panel recommends lowering threshold for drunk driving

New York drivers may be charged for drunk driving with a much lower alcohol content if states follow recommendations from the National Academies of Sciences, Engineering and Medicine. The National Highway Traffic Safety Administration commissioned the report as part of an effort to reduce drunk driving deaths. From the 1980s through the early 2000s, drunk driving deaths declined, but in recent years, they have been on the rise. There are around 10,000 fatalities related to drunk driving each year, and experts say they could be prevented.

One of the panel's recommendations was lowering the legal blood alcohol content limit to .05 percent. Alcohol tolerance is related to weight and what a person has eaten among other things, but it would take most women over 120 pounds two drinks and most men over 180 three drinks to reach the threshold. The panel also recommended increasing alcohol tax, reducing the times when alcohol can be sold, limiting alcohol marketing and increasing enforcement that prohibits sales to people under 21 or who are visibly intoxicated.

Driving high? Roadside saliva tests now detect impaired drivers

While a Breathalyzer test can accurately report the amount of alcohol in a person's system (allowing police to determine a driver's level of intoxication), there hasn't been a roadside test available for detecting marijuana or other drugs. Scientists across the nation have been working for years to develop such a test for marijuana that goes beyond the usual behavioral indicators police tend to look for in someone who is intoxicated. 

Former ballet director charged with DWI

On Dec. 29 in New York, Peter Martins, the 71-year-old former director of the New York City Ballet, was taken into custody after a three-car accident that occurred around 8:00 p.m. He was later released. In a court appearance on Jan. 8, through his attorney, he pleaded not guilty to charges of backing unsafely, refusal to take a breath test and driving while intoxicated. Not long before, Martins had retired from his position with the ballet after accusations of harassment that he denied.

Another court date was set for Jan. 29. Martins was released with a promise that he would return for the court date, and his license was suspended.

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