New York DWI/DWAI Law Blog

Breathalyzer issues affect accusations of alcohol-related offense

There are millions of drivers on New York roadways every day. Some may end up being charged with an alcohol-related offense. Such a charge could have serious implications on a person's life, including expulsion from school or the loss of job, regardless of whether the charge results in a conviction. However, some people are starting to question the accuracy and reliability of an important tool used to prosecute those accused of driving under the influence.

Typically, drunk driving cases are decided in two different ways -- an officer's perception of a person's impairment and a reading of the person's blood alcohol content. As a result, some people who do not have a reading indicating they are above the legal limit may still be convicted. An important tool in the determination of a person's blood alcohol content is the Breathalyzer.

Buddy Valastro accused of drunk driving in New York

Anyone who has turned on the television has likely heard of the "Cake Boss." Buddy Valastro is known for the intricate cakes he makes on his hit television show for a variety of different functions. Unfortunately, his name is in the headlines for a completely different reason. New York police have now accused him of drunk driving.

The charges result from an incident in mid-November. Police claim that they noticed the sports car he was driving swerving on a New York roadway. After following him, they eventually pulled him over.

2 men charged with DWI in odd New York accident

It seems to be human nature to want to watch another person's misfortune. For example, many people have encountered traffic congestion around a car accident -- congestion caused solely by people slowing to look at the damaged vehicles. Likewise, a police officer who has pulled over a vehicle is a powerful attraction that might be enough of a distraction in itself to cause an accident. In a similar situation in New York, one man is accused of DWI after striking the car of another man who had been pulled over by the authorities on suspicion of drunk driving,

The incident happened one night just before midnight in November. Police report that an officer pulled over a 43-year-old man. While it is unclear why the men was initially stopped, police claim that he acted inebriated. A field sobriety test was administered, which he reportedly failed.

New York man faces resisting arrest, drunk driving charges

Halloween is an interesting time of year in this country. Many people have strange tales about the events of the night when so many people, both children and adults, walk around in costume. Police in New York certainly have a strange tale after accusing one woman of drunk driving in an incident that allegedly resulted in what is described as a serious injury to a police officer caused by a shoe.

The woman was pulled over at approximately 2 a.m. the morning after Halloween. Police say that the woman had struck a guardrail several times and was driving on the rims of her vehicle prior to being stopped. According to reports, officers determined that the woman's blood alcohol content was double the legal limit, and she was arrested.

New York accident leads to drunk driving charge

When telling a story, some people fall into a trap. Instead of simply telling the facts, they like to add commentary to the facts that is likely based on one person's interpretation of events. If the same events were told by a different person, it is likely that he or she would interpret the events differently. This is one reason why New York criminal courts require a high burden of proof in order to obtain a conviction. After a recent car accident resulted in a drunk driving charge, prosecutors will likely need to ensure they have sufficient evidence to prove the accused man's guilt.

The charges stem from an accident that occurred in the early morning hours of a day in October. Unfortunately, it is often assumed that many people who are involved in an accident at that time are under the influence. Police claim that the 25-year-old driver struck six cars that were parked on a New York street. One of those cars was flipped onto the sidewalk.

How red light cameras may affect New York motorists

Many people here in New York are likely aware of the dangers associated with certain driving behaviors. Speeding, running a red light and other types of violations are a concern, although many people may simply make a mistake behind the wheel. These mistakes can still result in a potentially-costly ticket for those who are cited for traffic violations. Many locales now make use of cameras at stop lights in an effort to both discourage people from breaking the law and to catch those who do, and it is important for those who are cited for running a red light to be aware of them.

According to the Insurance Institute for Highway Safety, the act of running a red light happens fairly often. Nearly 700 people were killed in accidents that were related to running a stop light, and around 133,000 people were injured in 2012. The IIHS recommends that traffic signals are better-timed to avoid accidents, but they also advocate the use of red light cameras.

Crash with New York State police results in DWI for motorist

Here in New York, law enforcement works diligently to locate motorists that may be driving under the influence of alcohol. Those motorists who are charged with drunk driving face a range of possible punishments, including incarceration. For these reasons, people who are charged with a DWI should know just how seriously these accusations are taken. A recent crash demonstrates the gravity of a person's potential situation as a male driver has been accused of hitting two state troopers who claim that he was intoxicated at the time of the collision.

According to police, the troopers were traveling on the Interstate 90 on a recent early morning. They attempted to use an exit ramp to leave the highway when, allegedly, a man who was driving the wrong way up the ramp hit them head-on. The impact did not result in serious injury to the officers, who where taken to a local hospital for treatment.

How are ignition interlock devices used after a DWI in New York?

The state of New York takes drunk driving very seriously. Punishments for DWI can vary, including incarceration or fines, as well as losing one's license to operate a motor vehicle. The sentences depend on the circumstances of the crime and whether the accused has been convicted of a DWI in the past. One possible outcome from a DWI conviction is that a person may be required to have an ignition interlock device installed on his or her car. Many people may not know exactly what this device does and what it can mean for a person who has to have one installed.

Simply put, an IID prevents a driver from starting his or her vehicle if he or she has consumed alcohol above a certain level (typically set between .02 percent and .04 percent -- well below the state's threshold for drunk driving). It is installed -- at the driver's expense -- in the car and requires the person to take and pass a breath test before the car will start. In the state of New York, an IID can be installed on a person's vehicle after one DWI conviction. The length of time that the person has to use the device can vary, though typically it is for a period of one year.

What the Traffic Violations Bureau is like in New York City

Every day, motorists receive traffic tickets for various reasons. Dealing with these can be difficult -- a driver who has too many risks having his or her license suspended or revoked, in addition to other potential punishments. Going to the Traffic Violations Bureau here in New York City can be intimidating, as most people do not have the legal knowledge available to properly defend themselves against the charges. Karen A. Friedman, Attorney at Law here has a wealth of experience dealing with these types of infractions and may be able to help you.

Contrary to what many people might assume, those accused of traffic violations will not be given the chance to "plea bargain" at the Bureau. This is because there are no prosecutors who will be representing the government's interests. Accused persons cannot even speak to police officers about the citation. The two options available are to plead guilty or to have the case tried. The latter choice can be difficult for those who do not have any legal experience and may be more likely to result in a verdict of guilty without proper representation. 

How do blood alcohol content tests measure intoxication?

Those who are accused of intoxicated driving generally know that charges of this nature are very serious. Law enforcement uses several methods to determine a person's level of sobriety. These include field sobriety tests and blood alcohol content (BAC) tests. The latter category may seem intimidating, so it is important for those in New York to have an idea of how they work and what they may mean to a person's case.

Several different methods can be used to test a person's BAC, but the most commonly-used are breath and blood tests. The latter is not used as often by police, as it is typically seen as invasive. Many types of breath tests exist and typically use different methods to measure the alcohol content of a person's exhaled breath. 

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Karen A. Friedman
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New York, NY 10016
Phone: 845-266-4400
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