NY Drunk Driving Related

Judge Accused of Drunk Driving in New York

County Court Judge tried to evade a sobriety checkpoint in Albany area.

A Family Court Judge was arrested on suspicion of driving while ability impaired in Albany New York. Gerard Maney, 59, was seen making a u-turn as he approached an Albany County NY DWI checkpoint on the Green Island bridge. Green Island Police pursued Maney, who continued driving a mile and a half before stopping in Watervliet.

Maney reportedly smelled of alcohol and he failed several field sobriety tests. His blood alcohol content registered .07% on a breathalyzer, just below the legal limit for intoxication. Maney was charged with driving while ability impaired or DWAI, a traffic offense that can result in fines and points against one’s driving record. He was also charged with making an illegal u-turn on the bridge and failing to comply with police lights and siren.

Maney is scheduled for arraignment on July 7. He has been on the Albany County Family Court for 18 years, and was back on the bench the day after his arrest.

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Three Arrive Drunk at New York DWI Victim Panel

The DWI defendants show up drunk at court ordered panel.

Police in Glen Falls, NY say that three people ordered to attend a DWI victims panel showed up at the meeting drunk. The three were defendants convicted of driving while intoxicated in New York who were required to hear stories from those who had lost someone to a drunk driver.

One of the panel members, who had lost both a father and grandmother to drunken drivers, said that occasionally someone will show up drunk but three intoxicated defendants was offensive. Stating they apparently were not ready to learn the lessons of drunk driving in NY, the panel member hoped the judge would lock the three up.

Each of the three defendants registered a blood-alcohol content just below 0.22%. The legal limit for intoxication in New York is .08%. Police request breath tests from those suspected of being intoxicated, before they join the victims group.

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Crash Into Living Room Leads to NY DWI

Driver left the scene but was apprehended hours later.

A Wurtsboro man lost control of his truck and crashed into the living room of a local residence. He then backed up and fled the scene, despite efforts by the residents of the house to stop the man.

A few hours later a passenger of truck called 911 to report injuries sustained in the accident. That lead to the arrest of Thomas Mills, 45, on charges of driving while intoxicated in NY. The occupants of the house had been sleeping at the time of the crash, and were injured.

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Man Arrested for New York DWI After Stealing Friend’s Car

The men attended the same Alcoholics Anonymous meetings.

Adam R. Barry was stopped for suspicion of driving while intoxicated in Niagara County New York around 1:00 am February 3. He told the sheriff’s deputies that he did not need to perform field sobriety tests because he knew he was drunk. Barry confessed to having consumed 6 or 7 beers and his blood alcohol content measured more than three times the legal limit for intoxication. His problems were compounded by the fact that it was his third DWI arrest and he had stolen the vehicle from a neighbor and fellow AA member. February has been a difficult month for Barry, as his first NY DWI arrest was on February 9, 1996 and his second was on February 3, 2001.

Barry called the rightful owner after the latest New York DWI arrest and left a message on an answering machine stating he was in jail and he was the one who had taken the 1998 Plymouth. The owner in turn confirmed with the deputies that he had not given Barry permission to take the vehicle.

Barry has been booked on charges of felony drunk driving in New York, aggravated driving while intoxicated for having a high BAC, driving without a license, burglary, petty larceny, unauthorized use of a vehicle, as well as failure to keep right for crossing the center line.

His 2001 DWI came after a Lockport NY deputy followed Barry home and arrested him in his driveway. Barry reportedly told the officer that, “You can’t do anything to me. I made it.” He had his license revoked and was sentenced to six months in jail and five years probation for that offense.

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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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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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You and the Drinking Driving Laws

WHY ARE PENALTIES FOR DRINKING AND DRIVING SO STRICT? Drinking and driving is a hazardous combination.

CONSIDER THESE FACTS: One third of the fatalities in New York State involve impaired or intoxicated drivers and pedestrians.

With increased Blood Alcohol Content (BAC), crash risk increases sharply. A driver with a BAC of 0.08 is four times as likely to cause a crash as a driver who has not been drinking, while a driver with a BAC of 0.16 is 25 times as likely to do so. Young drinking drivers are at the highest risk of all. Drivers 20 years old or younger are almost three times as likely to be involved in alcohol related fatal crashes than other drivers.

HOW MUCH CAN I DRINK BEFORE IT AFFECTS MY DRIVING ABILITY? Any amount of drinking will begin to affect your judgment and coordination,, and reduce your ability to judge distances, speeds and angles. The degree of impairment depends on four basic factors: The amount you drink.

Whether you've eaten before or while drinking (food slows absorption). Your body weight.

The length of time spent drinking.

No one should consume alcohol and drive. Everyone's safe driving ability deteriorates after drinking. Some people, especially young drivers, lose their driving skills even more quickly. This is why New York State law makes it illegal for any driver or passenger to possess an alcoholic beverage with intent to consume (commonly called the "open container" law).

It is also illegal to purchase an alcoholic beverage if you are under 21 years old.

WHAT IS THE QUICKEST WAY TO SOBER UP? The only way to reduce your BAC after drinking, is to wait for your body to metabolize (eliminate) the alcohol ­ and that takes several hours. Your body metabolizes about one drink each hour. Coffee will not sober you up. Neither will a walk or a cold shower. They may make you feel more awake, but you will be just as impaired, and it will be just as dangerous for you to drive.

WHAT SHOULD I DO IF I DRINK TOO MUCH? Find someone who has not been drinking to drive your car or give you a ride home, or call for a taxi.

HOW CAN I AVOID RIDING WITH A DRIVER WHO'S BEEN DRINKING? You have a right and a responsibility to say "No!" Think of other ways of getting home for BOTH of you. Don't feel embarrassed or afraid to call your home for help. Or call a friend, or a taxi. Your life may be at stake. Your chances of being involved in a fatal collision are many times greater if you ride with a driver who has been drinking.

WHAT ARE THE CHANCES OF BEING CAUGHT IF I DRIVE AFTER DRINKING ALCOHOL? Greater than ever before. Drinking driving enforcement and prosecution are more effective as a result of New York State's STOP-DWI law. The law returns drinking driving fines to counties that use the money to operate programs for drinking driving enforcement, prosecution, adjudication, and education. Every county in New York State has a STOP-DWI program. This results in more police with better equipment on the roads looking for drinking or impaired drivers, more district attorneys prosecuting them, and more judges hearing drinking driving cases.

WHAT WILL HAPPEN TO ME IF I AM STOPPED BY THE POLICE? If you are stopped by a police officer who believes you are under the influence of alcohol or drugs, you may be required to take a "field sobriety test" which may include a breath-screening test for the presence of alcohol. If you are arrested, you will be asked to take a "chemical test" for BAC. You may also be fingerprinted. Driving While Intoxicated (DWI) is a crime. If you are convicted, you will face a substantial fine, a mandatory surcharge, license revocation, higher insurance premiums, and a possible jail sentence.

WHAT IS BLOOD ALCOHOL CONTENT (BAC)? BAC (Blood Alcohol Content) is a measure of the concentration of alcohol in a person's blood. It is the best predictor of the likelihood of crash involvement.

ARE LICENSE PENALTIES THE SAME FOR ALL AGE GROUPS? No. If you are under 21 your driver license will be revoked for one year if you are convicted of DWI or DWAI that occurred in New York State, or in any other state or a province of Canada. If you are found to have refused to take a chemical test in New York State, even if you are not convicted of DWI or DWAI, your license will be revoked for one year.

If you commit a second such offense while you are under 21, your license will be revoked for at least one year or until you are 21, whichever is longer.

If you enroll in the Drinking Driver Program (DDP) and receive a conditional license, your license will remain in conditional status for the original full period of revocation.

Your driver license or privilege of applying for a license will also be suspended if you are found gulity of using a New York State Driver License or Non-Driver Identification Card as proof of age to illegally purchase alcoholic beverages.

NOTE: Motorboat and snowmobile operators under 21 years old who drink alcohol are subject to similar penalties and sanctions against their motorboat or snowmobile operating privileges.

IS IT POSSIBLE TO "PLEA BARGAIN" TO AVOID A CONVICTION FOR DRINKING AND DRIVING? No, the law prohibits a plea to a non-alcohol or drug-related violation.

WHAT WILL HAPPEN IF I REFUSE TO TAKE THE CHEMICAL TEST? If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment in court, and revoked for at least six months (second offense, one year) at a Department of Motor Vehicles hearing. You will also be subject to a civil penalty of $300 (second offense, $750). A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $300 civil penalty. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug-related convictions.

WHAT ABOUT COMMERCIAL DRIVERS? Compared to other drivers, every driver holding, a Commercial Driver License (Class A, B, or C) is held to stricter Blood Alcohol Content (BAC) standards, and faces tougher penalties, while operating a vehicle that requires a CDL license. A single conviction for DWI, DWAI, or having a .04 percent or higher BAC requires a minimum 1-year revocation of the driver's license (3-years, if driving a vehicle that requires hazardous materials placards). A second conviction within the driver's lifetime results in permanent revocation, with a possible waiver after 10 years. A third conviction results in a permanent revocation without any possibility of ever getting it back. Drivers who hold a commercial license should review the Commercial Driver's Manual (CDL-10), available at motor vehicle offices, for additional information about penalties that apply to them.

WHAT IS THE "ZERO TOLERANCE" LAW? This law makes it illegal for a driver under age 21 to have consumed any alcohol. A police officer may temporarily detain you to request or administer a chemical test to determine your Blood Alcohol Content (BAC). If your BAC is .02 to .07 percent, you will be notified to appear at a DMV hearing. If the judge's finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee.

NOTE: If your BAC is .05 percent or greater, the police may charge you with driving while ability impaired (DWAI) or driving while intoxicated (DWI), and may prosecute your arrest in criminal court.

WHAT IS THE "IGNITION INTERLOCK" PROGRAM? Under some circumstances, a court can order a driver to purchase and install an ignition interlock device as a condition of probation that begins at the end of an alcohol or drug-related license revocation. This device connects to a motor vehicle ignition system and measures the alcohol content of the operator's breath. It prevents the vehicle from being started until the motorist provides an appropriate sample breath. In some counties, during the remaining period of probation, the motorist may be eligible to hold a post-revocation conditional license. This conditional license will be revoked if the motorist fails to comply with the terms of probation or for conviction of any traffic offense other than illegal parking, stopping or standing.

Go to: You and the Drinking Driving Laws

Tags: DUI Related |  New York DUI

Boating While Drunk

New boating while drunk law takes effect Sunday August 4, 2006, 2:51 PM EDT

ALBANY, N.Y. (AP) - Beginning Sunday, operating a boat while drunk will get you the same stiff penalties as an arrest for drunken driving.

Supporters of the bill passed by the Legislature in June and signed into law in July by Gov. George Pataki note that 28 percent of fatal boating accidents involved alcohol in 2004, the latest year for which statistics are available.

"Boating while intoxicated is at least as dangerous as driving while intoxicated because the sun increases the effects of alcohol," stated Denna Cohen, the president of Mothers Against Drunk Driving on Long Island.

Under the new law, a first conviction for boating while intoxicated would be a misdemeanor with a sentence of up to a year in jail, instead of 90 days in years past. The fine would also increase to a maximum of $1,000 from $500.

A second conviction in 10 years would be a Class E felony, carrying up to four years in prison and a fine of up to $5,000. A third conviction in 10 years would be a Class D felony with a sentence of up to seven years in prison and a fine of up to $10,000.

The maximum fine for boating while ability impaired will rise to $500 from $350. A second conviction in five years would carry a fine of up to $750 and 30 days in jail.

"Boating while intoxicated is not a harmless activity and now it will be treated in the serious manner it needs to be," said Sen. John Flanagan, a Long Island Republican who co-sponsored the bill.

"This law will give marine law enforcement and prosecutors the necessary tools to maintain an aggressive posture against BWI and BWAI violators," said Assemblyman Thomas DiNapoli, a Nassau County Democrat who also sponsored the measure.

Source: http://www.newsday.com

Tags: DUI Related |  New York DUI