Even if you have never had a run-in with the law in New York you are probably aware that the onus is on the state to prove any allegations of a crime that it brings. That is, the defendant is presumed innocent until proven guilty. This is true whether the accusation is for something as minor as jaywalking or as serious as a felony charge.
An arrest for alleged drunk driving is not something that should be taken lightly. If the authorities allege aggravating circumstances, as might be allowed under the provisions of New York's Leandra's Law, the implications become even more serious. Consulting with an attorney is recommended in either case to be sure you know your rights.
A 53-year-old man has been taken into custody and charged with felony DUI after allegedly causing a three-car accident. The charge is a result of Leandra's Law, a piece of New York legislation which makes first-offense DUI an automatic felony when a driver is operating a vehicle with a juvenile 15 years or younger as a passenger.
Charges are pending for a 23-year-old allegedly drunk driver who caused a fatal crash Nov. 30 in Queens. The fiery car accident occurred around 1 a.m. after a 2006 black Ford sedan slammed into a 2009 Saturn at the corner of 98th Street and 159th Avenue in Howard Beach, according to authorities. After the crash, the Ford proceeded to hit a parked car and careen through a brick partition in front of a house, exploding into flames.
A man with a long history of driving under the influence was arraigned in court recently for impaired driving. He caused an accident that completely paralyzed his passenger. He had four previous convictions in 1992, 1999, 2002 and 2003. Additionally, he was driving without a license and was uninsured. Because of the seriousness of the events and the dozen charges pending, including felony DUI, the man faces many years in prison. He was held on substantial bail.
Driving while under the influence of alcohol or drugs can bring serious penalties for those who are caught. If the person causes an accident while intoxicated, then the penalties are compounded, especially if the person is charged with felony drunk driving. Anyone who is accused of driving while intoxicated, driving while ability impaired or another impairment-related charge should seek as much information about the charges and possible penalties as possible.
Driving while intoxicated can have a devastating impact on the personal and professional life of anyone convicted of the charge. Legal consequences can include fines, jail time and license suspension or loss, but for many, they can also involve job loss. These consequences often become more severe for repeat drunk driving offenses.
In the state of New York, DWI offenses add up, with the penalty for each additional incident resulting in increased penalties. Felony drunk driving charges are the result of receiving a second DWI charge after being previously convicted of a drunk driving offense within the last 10 years. As a felony, a charge can carry larger fines, increased time behind bars and possible license revocation, penalties that one Scarsdale resident now faces due to a recent late-night accident.
Driving while intoxicated is a serious crime. When it leads to deaths, punishments and penalties can be severe, particularly if the driver has previous convictions. A repeat DWI offender in Poughkeepsie, or anywhere in New York, faces the possibility of larger fines, license revocation and possible jail time.
Stronger regulations against those facing DWI charges or those with DWI convictions are almost always popular, but can have huge impacts on the lives of those facing DWI charges. For that reason, those who have previously been convicted of drunk driving should be aware of a new rule that is now in effect in New York.