New York Drunk Drivng Articles
DUI Library: New York
Increased Patrols Yield 35 Arrests for DWI in Niagara County, New York
Month long effort by Niagara County Sheriff's Office following two deadly accidents in September.
The Niagara County Sheriff's Office engaged in a month long crackdown on motorists driving drunk in New York. The increased NY DWI patrols were initiated after there were two accidents involving alcohol with fatalities on a single September day.
The arrests for drunk driving in Niagara County during October totaled 35. Three involved felony DWI charges meaning that the motorists had previous drunk driving convictions in the last ten years. Nine arrests were made by sheriff’s department patrols during the afternoon shift, with the remainder occurring during the midnight shift.
If you have been charged with DWI in Niagara County, NY you will need to hire a DWI lawyer in Niagara County.
Halloween Crackdown on DWI's in New York
Extra patrols to look for drunk driving in NY this Halloween weekend.
Law enforcement agencies across the state will be adding special DWI patrols and setting up sobriety checkpoints this weekend. Dubbed ‘Halloween STOP-DWI’, the campaign is aimed at cracking down on motorists who are driving drunk in New York.
Because Halloween falls on a weekend this year, it is anticipated that there will be more parties and events. Adult themed costume parties are becoming increasingly popular and the concern is the potential for drunk drivers on the streets on the same evening as trick-or-treaters. Coordinators of the STOP-DWI program recommend designated drivers, planning a safe way home from a party and use of a taxi or public transportation. They also encourage all motorists to notify police if they suspect someone is driving drunk.
Statistics from the National Highway Traffic Safety Administration show that 44% of highway fatalities in the United States on Halloween night involve a motorist or motorcyclist who is legally impaired.
Judge’s Ruling Leads to Changes in NY DWI Wall of Shame
Only those convicted of drunk driving in Nassau County will now appear on the website.
County Executive Tom Suozzi created an internet Wall of Shame last Memorial Day that listed the names and featured photographs of motorists arrested for driving while intoxicated in Nassau County, New York. A state Supreme Court judge has ruled that announcing a New York DWI arrest before the suspect has the opportunity to present a defense in court is a violation of due process.
Suozzi insists he has the right to distribute the information but will alter the site to include only those convicted of drunk driving in New York. DWI defense attorneys have decried the website postings saying that they punish drivers beyond what state statutes allow. Earlier in the year Suozzi was forced to purge the site because it included underage drivers arrested for suspicion of drinking and driving, which was a violation of state law.
Since its inauguration last Memorial Day weekend, approximately 1400 drivers accused of drunk driving in Nassau County have appeared on the site.
The judge’s ruling only directly affects those involved with a lawsuit, though Suozzi anticipates the ruling will lead to more suits being filed. Suozzi plans to appeal the decision, and in the interim the site will only feature those who have been convicted of NY DWI after a trial or have entered a guilty plea.
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Governor Vetoes Bill Giving Benefits to NY Drunk Drivers
Law would have changed no-fault coverage for those with New York DWI arrests.
New York Governor David Patterson vetoed a bill that would have extended no-fault insurance benefits to drunk drivers.
State legislation S.8294-A sought to repeal an Alcohol Exclusion under existing law that allows insurance companies to deny coverage of those arrested for driving while intoxicated in NY. The main beneficiary of the proposed bill would have been NY DWI drivers, as the state’s basic no-fault insurance already covers medical expenses incurred by passengers and victims of drunk driving.
Citing increased premiums, a New York insurance trade group urged Gov. Patterson to veto the measure.
If you have been arrested for DWI in New York you need to hire a NY DWI lawyer.
New York DWI Suspect Impersonates Brother
Man provided his brother’s name in effort to avoid NY drunk driving charge.
Erkan Deniz, of Palenville, tried to escape a misdemeanor charge of driving while intoxicated in New York by giving state police officers the name of his brother. That bit of deception added a felony to the charges.
Erkan Deniz, 23, was stopped Friday around 11:15 pm in the town of Ulster and charged with drunk driving. He provided the arresting officers with the name of his 25 year old brother, Metin Deniz. Police have no confirmed that Metin has not been charged with a crime, as originally reported in the local paper.
Erkan was rearrested Sunday and charged with felony forgery and misdemeanor impersonation.
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Army Convicts Soldier of New York DWI
Soldier from Fort Drum hit eight people while driving drunk.
Following a two day court-martial, a military judge found Pvt. Kristopher Hendricks guilty of driving while intoxicated in New York and injuring eight people when he plowed into a crowd leaving a night club. Hendricks, 23, was given a bad conduct discharge from the Army and sentenced to 18 months in prison. He was also ordered to forfeit his pay and Army benefits.
Hendricks hit another vehicle around 2:00 am with his 1995 Cadillac while in the Watertown City Hall parking lot on March 15. He fled the scene and sped down a street in the wrong direction. A large crowd of soldiers was leaving a dance club at that time and Hendricks hit eight people and crashed into a chain link fence.
According to the police arrest report, Hendricks had a blood alcohol content of 0.10%. The legal limit for drunk driving in New York is 0.08%. Hendricks originally had 14 civilian criminal charges filed against him, including felony New York DWI. Prosecutors, however, turned the case over to the military because Hendricks and the victims were all soldiers at Fort Drum.
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Westchester County Considers Vehicle Seizure for New York DWI
Suburban New York City county pushes for harsher drunk driving penalties.
A Westchester County legislator has sponsored a statute calling for seizure of vehicles owned by motorists convicted of driving while intoxicated in New York. The legislator claims a need for a stronger deterrent, saying that the rise in DWI arrests shows the existing penalties are not working. He said that, “we should make the lives of drunk drivers miserable.”
Suffolk and Nassau Counties have seizure statutes in place, and New York City has a policy not specific to drunk driving. Law enforcement agencies admit that seizures are difficult to enforce and they create a logistical headache and a strain on the court system. Many say that there are gray areas in each legal case and vehicle seizure is unfair in some situations. Nassau’s initial law was found unconstitutional because it seized vehicles for any traffic violation. Suffolk too amended its law.
Opponents of the statute say the drunk driving situation may not be solved with new laws and want the legislative body to review all existing efforts and policies first. Arrests for New York DWI in Westchester County totaled 2,515 in 2006, a rise of 7% over the previous year. Rather than an increase in drinking and driving, some take that as a reflection of the police doing a better job of law enforcement.
The Westchester County legislative committee will be reviewing data on the proposed vehicle seizure policy over the coming weeks.
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Three Car Pile-Up from Staten Island DWI
Nine hospitalized from incident of drunk driving on Staten Island.
A motorist driving while intoxicated on Staten Island lost control of his Chevy Astro minivan and caused an accident that sent nine people to the hospital.
The unidentified driver was traveling in New Dorp around 6:30 pm with his brother and two nephews when he jumped a curb onto a traffic island, striking a pedestrian. The minivan hit a light post and careened into a Mazda carrying two women. The Mazda was then forced into a Jeep Grand Cherokee. The event unfolded in front of the 122nd Precinct police station, and officers from the station helped the accident victims.
A total of nine people were taken to local hospitals, with the pedestrian in critical condition. The minivan driver was charged with New York DWI.
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Wine Festival Helps Attendees Avoid NY DWI
Finger Lakes event sets up precautions to help keep wine tasters from driving drunk in New York.
The allure of the Finger Lakes Wine Festival in Watkins Glen is obvious for wine lovers; more than 100 different regional wines to sample. It also meant the unfortunate possibility of participants driving while intoxicated.
Organizers of the annual event responded by providing free water and rewarding attendees who didn’t want to drink with a designated drivers program. In addition, a shuttle was set up between the festival on the raceway grounds and nearby hotels.
The Schuyler County’s Sheriff’s Department also took action. Sobriety checkpoints were created on the grounds outside the festival, and they set up special areas within the festival itself to allow festival goers to check their blood alcohol content. Attendees simply had to visit the Sheriff’s Department booth and blow into hand-held breath testers for an immediate BAC reading.
The response from attendees was positive, giving them an opportunity to check their level of intoxication and help them moderate their wine intake.
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New York DWI on Staten Island for Man Who Hits Parked Car
Richmond County NY drunk driver was one block from home.
Thomas Guercio was charged with driving while intoxicated on Staten Island after crashing his 2007 Ford Fusion into a parked car. The Richmond resident was just down the block from his home.
When police arrived on the scene around 9:45 pm, they found Guercio, 46, with his shirt on backwards. The NY DWI suspect was slurring his speech, had bloodshot eyes and was unsteady on his feet. The officers found an open bottle of vodka in the car. Guercio refused to have his blood alcohol content tested though he was taken to a local medical center for alcohol poisoning.
Guercio was charged with driving while intoxicated in New York and driving while impaired. He faces up to one year in jail if convicted.
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