DWI Punishment

Nassau DA Announces Harsher Punishments for DWI’s

Nassau County District Attorney Kathleen Rice held a press conference yesterday to discuss the first step in her strategy to combat drunk diving in Nassau County and in New York State.

Flanking Rice at the conference were Nassau County Police Commissioner James Lawrence, State Senator Charles Fuschillo, Major Walter Heesch of the New York State Police, members of Mothers Against Drunk Driving and members of the Nassau County Department of Probation and the Transportation Safety Board.

DA Rice is implementing sweeping changes in terms of prosecuting drunk drivers, and has declared her commitment to working with legislative leaders at the county, state and federal levels stiffening penalties for offenders and offering more treatment alternatives for offenders suffering from substance abuse problems.

“I stand before you today the proud member of a coalition devoted to saving lives in Nassau County,†DA Rice said. “Behind me are leaders in the law enforcement community, in Albany, in our county government, and in our communities. I cannot take on the reckless decision by those 4,100 drivers alone – that’s why I am honored to be part of this team and look forward to taking this first step together. Today is Day 1 in our assault on drunk driving in Nassau County. It will be a long and hard process, certain to create opposition from the other side of the court room, but this step, and the steps that will follow, must be taken before more innocent lives are lost.â€

Senator Fuschillo, the author of New York’s .08 law, expressed appreciation for Rice’s support of his most recent bill – an attempt to require two-time offenders to serve at least five days in jail.

“I thank District Attorney Rice for supporting this legislation, and look forward to continuing our partnership to end the continuing string of senseless tragedies caused by drunk driving,†the Senator said.

The District Attorney was also joined by Nassau County Police Commissioner James Lawrence.

“I look forward to working with the DA on these cases from the moment of criminality to the end of prosecution. A partnership between her office and mine is essential when combating crime and I embrace wholeheartedly her efforts to improve the investigations of these crimes,†said Commissioner Lawrence.

Heading prosecutions of vehicular crime in the District Attorney’s Office is Assistant District Attorney Maureen McCormick, whom the office calls a national expert in vehicular crime and alcohol-related offenses. ADA McCormick will train law enforcement in evidence collection and preservation as the DA’s office looks to strengthen its cases in preparation for trial. She will also launch a speaking tour of high schools in Nassau County about the dangers of drinking and driving and the legal costs and ramifications of it.

“My approach is multi-prong. I am addressing deterrence with more severe punishments, the ability to receive treatment for many defendants, the need for real license sanctions in New York State, and the education of kids that have yet to become defendants or victims of this epidemic,†said District Attorney Rice.

“Drunk driving needs to be accountable for the destruction of life it causes. If you drive from Western Nassau County to Eastern Suffolk County – with DA Rice and DA Spota, you are not going to get away with murder,†said Denna Cohen, President of the Long Island Chapter of Mothers Against Drunk Driving (MADD).

Changes in DWI Policy

The strengthening of cases by procedural and evidentiary upgrades with the police agencies (i.e. improved cameras in Central Testing Section and State Police barracks, targeted interrogation and detailed note-taking, cooperative training with the Nassau County District Attorney’s Office, universal Portable Breath Tests, support for Drug Recognition Expert program).

Consistency in approach through a cooperative effort with the sheriff’s office, probation department and the judiciary. The DA’s team would like to advocate for DWI courts, which would allow the expedition of cases, consistency of plea offers and the ability to follow-up on the conditions of sentence – especially treatment.

Substantial education for drivers with high BACs. We will advocate for a driver with a .16+ or a felony DWI to be sentenced to the Victim Impact Panel. We will also advocate for drivers with low BACs, who are thus ineligible for the DMV’s Drinking Driver Program, to receive a 6-hour course covering the toxicology of alcohol and drugs. The DA’s office wants for aggressive drivers to be sentenced to a Driver Improvement Course but not to receive the insurance benefit associated with the DMV-approved Defensive Driving Course.

The DA will be pushing for legislation that will: make an out-of-state DWI conviction a predicate for an in-state felony; allow for any medically capable personnel to draw blood for evidentiary purposes; the creation of an aggravated DWI for higher BAC readings; the creation of a charge between Manslaughter 2° and Murder 2° for vehicular murders; the amendment of the sentencing laws to allow for consecutive sentencing for multiple victims; saliva drug testing similar to PBTs; revision of Vehicle and Traffic Law 214 to alleviate the Crawford issue; and Black Box access in vehicles that have not created commercially available software.

The DA's office released the following list of changes in plea guidelines:

Effective Immediately

.05//06 Non-alcohol Traffic Violation + 6-hour Toxicology/Driving Program

.07 Driving While Impaired (No deal) Cond - Discharge + Drinking Driver Program, 90-day license suspension + fine

.08-.12 Plea to Driving While Impaired - Targeted Comm. Service - Cond. Discharge, Drinking Driving Program, Fine, 90-day - Suspension of license - Jail: 15 days for any failure to comply

.13/.14 Plea to Misdemeanor DWI (No deal) - Recommendation - Comm. Service - Cond. Discharge + Drinking Driving Program, Fine, 6-month license - revocation - Jail: 30 days for any failure to comply

.15/.16 Plea to Misdemeanor DWI (No deal) - Recommendation: Probation, Fine, Ignition - Interlock, Drinking Driver Program, 6-month license revocation.

.17-.20 Plea to Misdemeanor DWI (No deal) - Recommendation: 10 days STOP-DWI Jail, Drinking Driving Program, Comm. Service, Victim Impact Panel, Ignition Interlock, 6-month license revocation

.21+ Plea to Misdemeanor DWI (No deal) - Recommendation: STOP-DWI Jail or Jail - Split (RAPP Probation), mandatory treatment (devised by STOP-DWI and RAPP), Fine, Comm. Service, Victim Impact Panel, ignition interlock 6-month, license revocation (must have NO ability to obtain a license for RAPP probation)

Refusal: Treated as .13-.16 with Victim Impact Panel Second Alcohol Incident: Misdemeanor, treat as .21+ Second Incident over .12 or Third Incident: Felony Now considering all priors, regardless of time lapse (previously it was a ten-year limit)

Felony: All pleas require the forfeiture of an eligible vehicle. Sentences should include “no driving as a condition of probation until treatment is completed and probation clears the defendant for re-application for a licenseâ€. All pleas with a probation component MUST include an ignition interlock device, RAPP Probation and attendance at Victim Impact Panel.

Source: http://www.northender.com/