Glenn R. Bruno, Esq.
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Working Hard to Protect Your Rights As a Poughkeepsie criminal defense attorney, I have been serving the people of the Hudson Valley for more than 20 years through diligent, assertive and quality criminal defense. I am prepared to put my experience to work for you.

New York woman facing felony DWI charges

A 28-year-old woman is facing child endangerment and felony drunk driving charges after police allegedly discovered her passed out behind the wheel of her Nissan Altima sedan during the early morning hours of Feb. 25 with her two children in the back seat. Officers with the Oneida Police Department took the woman into custody at about 3:35 a.m. in the vicinity of Lyons Street and West Willet Street in Rome according to reports.

The woman has been charged with multiple counts of aggravated driving while intoxicated and endangering the welfare of a child in addition to single counts of driving while impaired by drugs and operating a motor vehicle without a valid driver's license. Reports reveal that the woman was taken to a nearby police facility for processing, but they do not indicate what led officers to suspect that she was under the influence of drugs or alcohol.

Felony charges were filed against the woman under the provisions of the Child Passenger Protection Act, which New York lawmakers passed in 2009. The law makes drunk driving with a child of 15 years of age or younger in the vehicle a Class E felony in the Empire State even for first-time offenders who were not involved in an accident.

Experienced criminal defense attorneys may study toxicology evidence carefully when their clients are accused of driving while under the influence of drugs. The research linking blood alcohol levels with intoxication is compelling, but attorneys might argue that the science of drug impairment is far more nebulous and may not be enough to prove criminal charges beyond a reasonable doubt.

Source: New York Upstate, Rome police: Mother charged with DUI was passed out with her 2 children in car, Sarah Moses, Feb. 26, 2018 Source: New York State Division of Criminal Justice Services, 2009 Laws of New York-Chapter 496

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