New York City is known as the marijuana arrest capitol of the world. One of the reasons so many people are arrested and charged with marijuana possession and other drug crimes is due to NYPD's use of a stop-and-frisk policy.
]]> Officials contend that stop-and-frisk procedures are necessary because it helps to reduce the number of guns on the streets. However, the policy has come under fire recently because of the high number of marijuana arrests within the city. Critics feel that this allows police to unfairly targets minorities, and is not effective at reducing violent crime.A report by The Bronx Defenders, a public defenders group, stated that over 40 percent of marijuana arrests resulted from a questionable stop-and-frisk search. Only one percent of the 600,000 stop-and-frisk searches actually uncovered a gun in 2011. The report also stated that 90 percent of those arrested were from minority groups.
There are currently two federal court cases challenging the stop-and-frisk policy, as well as a bill that would lessen the penalties associated with a marijuana conviction. Police have proposed changes, but it does little to assist those currently facing charges.
Drug crimes can carry significant consequences. They may impact a person's ability to obtain student loans, find a place to live or be eligible for certain types of employment. It is important to understand how a conviction will change your life. Know the options that are available to you in order to make the best decisions for your future.
Source: Care2.com "NYPD Pot Arrests Target Minorities" May 13, 2012.
]]>The New York legislature consistently drafts bills designed to make penalties more severe for those who have been convicted of DWI, and this session is no different. A bill was recently passed the state Senate which may place additional restrictions in place for convicted drunk drivers.
]]> The new bill would require those with DWIs to pass a motor vehicle accident prevention course. This potential punishment would apply to repeat offenders, those who refuse chemical tests or those who have accumulated more than six points on their licenses.The new law would also not allow the motorists to use the school to reduce the points on their license, if the course was made part of the penalty handed down. If the drivers want to reduce the amount of points on their license, they would be allowed to take the course an additional time.
The bill now heads to the state Assembly. Sponsors of the bill have stated that the course will help inform motorists about the dangers of driving while intoxicated. By focusing on repeat offenders, it is hoped that the bill will help reduce the number of drunk drivers on New York roadways.
Each law that passes makes the consequences of a DWI conviction more severe. Not only will you have increased insurance costs and other high fines, but a DWI can have an impact in several areas of your life. Know the options that are available in your situation so that you can make the best decisions for your future.
Source: NYSenate.gov "Senator Golden Supports Crackdown on Drunk Drivers" May 2, 2012.
]]>People may have a drink or two while out, and then drive home afterward. Law enforcement is aggressively targeting those it believes have had too much to drink and then get behind the wheel. The increased DWI checkpoints mean that more people may be facing drunk driving charges.
]]> In Queens, The Highway Patrol and Borough Task Force have joined forced to launch Operation Cold Sober. This campaign, which is expected to last all summer, will bring increased DWI patrols to the area.Part of the initiative is focused on adding more officers to the streets right before and after bar closing time. Specific areas which have seen high numbers of drunk drivers in the past will have increased police presence as well.
Officers will be looking for signs of impairment at the checkpoints. Can the driver operate his or her vehicle properly? Is the driver slurring his or her words? What kind of interactions is the driver having with the police on the scene? Does the driver pass field sobriety tests? All of these will be potential reasons for police to continue to investigate the motorist.
A DWI conviction in New York carries some severe penalties. First-time offenders will be required to install an ignition interlock device. Drivers may also face high fines and possible jail time, as well as increased insurance costs. Know the options that are available to you if you are accused of DWI. Simply pleading guilty to the charges will not make it go away.
Source: The Queens Gazette "NYPD Launches DWI Zero Tolerance" Liz Goff, April 18, 2012.
]]>While many people are familiar with the role of police in a DWI stop, most are not familiar with some of the tools that a DRE uses to examine those suspected of driving under the influence of drugs.
]]> New York is one of 46 states participating in the International Drug Evaluation & Classification Program. This program has a standardized 12-step program in place that officers must use when trying to determine if a person has been drugged driving.The officer who stopped the individual will examine the driver's blood-alcohol content to see if alcohol is causing the impairment. If not, the officer will request a DRE to test for the presence of drugs. The DRE must ask the officer if there were any signs of drug use, or if the individual had told the arresting officer about drugs in his or her system.
Next, the DRE will begin a series of tests that check for evidence of impairment. The officer will examine physical characteristics, such as eye stimulation and also conduct other coordination tests, and will also discuss the individual's alcohol and drug use. The officer will also check the individual for signs of injection, if intravenous drug use is suspected.
Based upon all the evidence, the DRE will then decide if the individual is under the influence of drugs. If the officer feels the motorist is impaired, he or she will undergo a toxicology test, which can then show which drugs are present.
This current system gives a lot of power to the drug recognition expert. The officer has the discretion to decide whether or not a driver is impaired, which can lead to several questions. Because this process is so detailed, each alleged case of drugged driving needs to be carefully examined to ensure that officers followed procedure.
Source: The International Drug Evaluation & Classification Program, "The DRE Protocol"
]]>The prom and graduation season is a prime time for law enforcement to be on the lookout for those who are underage and driving while intoxicated. Each year, there seems to be a tragic accident caused by someone who has had too much to drink, which can lead to questions about how to prevent similar accidents from occurring in the future. Often, the answers lead to increased DWI patrols, meaning more people may find themselves facing DWI charges.
]]> In New York, like in many other states, drivers under the age of 21 are subject to a lower driving while intoxicated standard, commonly called zero-tolerance laws. Drivers 21 and under are considered impaired if their blood-alcohol content is .02 percent or higher. Underage drivers with higher BACs are likely to receive more significant penalties, which may include license revocation.Providers of the alcohol to the minors may face punishments as well. Nationwide, approximately 26 percent of minors have alcohol provided to them by parents, according to a study by the U.S. Public Health Service's Substance Abuse and Mental Health Services Administration.
These charges may become quite serious if the children who were served then get into an accident after drinking. Parents may be held responsible for any injuries caused in these accidents.
While this time of the year offers many reasons to celebrate, know that police and prosecutors take DWI cases very seriously. The consequences of a conviction may follow both parents and children long after the case is over.
Source: U.S. News and World Report, "Report: A Quarter of Teen Drinkers Get Alcohol From Family" Laura McMullen, April 18, 2012.
]]>A recent New York case illustrates one of the possible defenses to a DWI charge. The man placed a call using OnStar. He told the operators that he was too drunk to drive. When police responded, the man was sitting in the driver's seat of the truck. He was arrested for driving while impaired, and registered a blood-alcohol content of .19 percent, well above the .08 limit in New York.
]]> The man argued that he had not been driving the vehicle. He insisted that a friend was driving, but the friend was gone by the time police arrived. The friend had pulled the vehicle to the side of the road and then left the man and the vehicle.As trial approached, the prosecution recognized it would have difficulty proving that the man had actually been driving the vehicle. The friend had agreed to testify that the man was not driving if the case went to trial, and the DWI charges were subsequently dropped. The man pleaded guilty to parking on pavement.
Under New York law, a person can be convicted of driving while intoxicated if he or she was "operating" a motor vehicle. Operating is a very broad term, but essentially can mean some sort of purposeful action that shows intent to put the vehicle into motion while intoxicated.
This is just one of the many potential issues that may arise during a DWI case. If you have been charged with drunk driving, you need to know the options that are available. The consequences of a conviction are very severe; making a decision before discussing what is best can lead to additional concerns.
Source: PostStar.com "DWI charge dropped against Argyle man in 'OnStar' case" Don Lehman, April 4, 2012.
]]>Its about the size of two DVD players stacked one on top of the other.
This instrument has a sample chamber inside. It also has a light source at the end of the sample chamber and a photo detector at the other end.
If a subject blows into the sample chamber with alcohol on their breath, the alcohol molecules darken or cloud the sample chamber.
As a result, less light will shine onto the photo detector. The result is a drop in transmitted energy.
This drop in transmitted energy is calculated as a Blood Alcohol Content. The so called "BAC".
Error Messages come up with the Intoxilyzer: They can be:
Ambient: The subject is wearing a lot of perfume which affects the reading.
Inhibitied RFI: cell phone is on and effects test
Simulator Value is not in Range: Calibration check is under .09% or over .11%. the Intoxilyzer must be taken out of service and readjusted.
Insufficient Sample: Subject puffed a too few times.
Invalid Sample: Subject puffed too many times.
Interferent Detected and Subtracted: Acetone was detected on the Subject's breath and subtracted from the BAC. Or too much Acetone was detected and the BAC cannot be given. It could be a medical emergency.
Call us for more information on your charge of Driving While Intoxicated and how the BAC can be evaluated so we can assist you in your Defense.
Milton Grunwald, Esq.
516-248-8889
]]>A recent traffic stop highlights the potential penalties that may be facing a motorist that is driving while intoxicated. New York State Troopers attempted to perform a traffic stop on a Cassadaga man. The man refused to pull over, and instead led officers on a high-speed chase.
]]> Several different law enforcement agencies aided the trooper, and eventually the chase came to an end. The officer noticed signs of intoxication on the driver, but the man refused to submit to a breath test. During a subsequent search of the vehicle, marijuana was discovered.The motorist has a prior DWI conviction on his record, and has also had his licensed revoked for other alcohol-related infractions. He is currently facing felony DWI charges, in addition to driving without a license and reckless driving.
In New York, motorists that refuse a chemical test can have their licenses revoked, and also face high fines. A DWI conviction carries strong penalties as well. Repeat offenses can also lead to long prison sentences and high fines. Even driving while license revoked can result in serious penalties, especially when combined with other pending charges.
Legislators are trying to pass a bill that would permanently revoke an offender's New York driver's license if he or she has been convicted of three DWIs. Those charged with these crimes need to take them as seriously as the prosecutors do, and know what options may be available for their situation.
Source: Buffalonews.com, "Erratic Driving, Chase End in Several Charges" April 1, 2012.
]]>However, a new type of DWI is drawing nationwide attention. Drugged driving is becoming a major focus for law enforcement agencies across the country. Officials contend that it is challenging to get a clear picture of the problem because of the difficulty in detecting drugged drivers.
]]> Unlike drunk driving, police officers feel that they do not have the necessary training in place to recognize all drugged drivers. Some departments will have a special "drug recognition expert" who has special training devoted to checking for drivers impaired on drugs. In New York, there are approximately 135 officers with this training, according to law enforcement personnel.Officials contend that with so many different types of drugs available, each offender will display different driving behaviors, which means more costly training will be needed. Senator Charles Schumer had requested additional funding for this training in a recent bill, and it is currently pending approval by Congress.
Senator Schumer states that drugged driving arrests in New York have increased 35 percent since 2001. Recent high-profile accidents in New York caused by drugged drivers have made the issue a major concern for legislators and prosecutors.
If this funding is passed, this will mean more drugged driving arrests. Rather than having the drug recognition expert required as a necessary part of any drugged driving stop, other officers will also be able to make these arrests as well. This could potentially cause problems for motorists, as officers without extensive experience will now have the power to decide if a person is driving while impaired.
Source: Senator Charles Schumer Press Release, "Schumer Secures Federal Funding in Fight to Combat 'Drugged Driving' - Operating a Vehicle Under the Influence of Narcotics Like OxyContin; Investment will Allow Police to Identify Drugged Drivers and Save Lives" March 16, 2012.
]]>However, a new type of drug crime is getting a lot of attention at the federal level. Senator Charles Schumer has proposed a bill that would enhance penalties for those who have been convicted of prescription drug theft and other drug crimes.
]]> The bill, called the SAFE DOSES Act, has passed the Senate Judiciary Committee. The act is in response to a growing number of crimes that are happening connected to the prescription drug trade. Robberies of pharmacies and the sale of stolen pills are two major issues of concern throughout the country.The U.S. Division of Freightwatch International reports that $184 million worth of prescription drugs were stolen in the U.S. in 2009, which is a 350 percent increase from 2007 numbers. The most commonly targeted drugs are generally pain killers.
With more attention being focused on these crimes, the penalties will be increasing. Senator Schumer's bill has proposed enhanced punishments for those in positions of trust, such as doctors or pharmacists that illegally sell or trade prescription drugs. Additional penalties will also be imposed on anyone selling prescription drugs that wind up causing the death of another person.
Prosecutors will aggressively pursue charges against people suspected of these drug crimes. People may not realize that there are serious penalties in place for a prescription drug crimes conviction. Medical professionals may also lose their license, making it difficult to make a living. Knowing what to expect if you are charged with possession or distribution can help you make a decision that is best for you.
Source: WKBW.com "Schumer Bill to Crack Down on Prescription Drug Abuse Crisis Clears Key Senate Committee" March 8, 2012.
]]>Often, investigators would find DNA, but it would not link to any offenders in police databases. New York recently has passed a bill that will allow police to collect DNA from anyone convicted of a crime within the state, including those convicted of DWI.
]]> The New York DNA database was established during the 1990s, but only included certain crimes. The list of crimes has been expanded several times, and this latest rule will mean that nearly all felonies and misdemeanors will require a DNA sample if the offender is convicted. Legislators agreed to exclude those who have been convicted of possessing small amounts of marijuana, as long as the individual has no prior record.While proponents of the bill stress that the larger database will make it easier to solve crimes, there are several issues that worry critics. DNA testing is subject to human error. As the recent scandal involving the Nassau County Crime Lab demonstrates, DNA evidence is not always reliable. The state will need to develop a system that ensures samples will not become contaminated.
However, the new law also makes it easier for people who may have been wrongly convicted. Under the bill, attorneys may also request that certain evidence be tested to determine if the evidence from the scene shows that other suspects may have been present. Prior to the new law being put into place, it was extremely difficult to get a court to order these tests.
Source: New York Times, "DNA Database Deal Reached in Albany" John Eligon, March 14, 2012.
]]>Senator Hugh Farley and Assemblyman James Tedisco have introduced Charlotte's Law, aimed at curbing repeat drunk drivers. The bill would permanently revoke New York drivers' licenses of those who have been convicted of DWI or DWAI three times. It is named after a 78-year old woman who was killed by a drunk driver with 10 previous drunk driving convictions.
]]> Proponents of the bill believe that the state is not doing enough to punish drivers with multiple DWI convictions. They believe that this bill, if entered into law, would significantly reduce the number of drunk drivers on New York roads.Critics of the bill say that this legislation would not necessarily address the problem of repeat offenders. Tough laws that are already in place, such as Leandra's Law, which requires ignition interlock devices for first-time offenders, may have more of an impact. Ignition interlocks prevent operation of a motor vehicle if alcohol is detected on the driver's breath.
Currently, repeat DWI offenses will result in felony charges. Substantial penalties, including high fines, loss of driver's license for several years and extensive prison time, may be imposed.
With harsh penalties already in place, many people do not know the seriousness of a DWI conviction. First-time and repeat offenders need to understand how each conviction will impact their lives. Knowing the options that are available for each situation can help them make a decision that will be in their best interests.
Source: Rochester Homepage.net "Three strikes law proposed for drunk drivers" Mark Gruba, Feb 17th, 2012.
]]>Convictions between different types of vehicles are currently treated as separate first-time offenses. Under Tiffany's Law these would be grouped together. People charged with a DWI will then face larger fines and penalties. Jail time will also be handed out faster.
Proponents of the bill say it is important that a consistent message be put out. With New York continuing to pass laws that aggressively punish drunk drivers, such as Leandra's Law, motorists know that the state takes these charges seriously.
Another aspect of this bill is focused on taking away some of the discretion that courts have when dealing with DWI offenders. This law puts more pressure on the system to punish repeat offenders when other answers like alcohol or substance abuse rehabilitation may be better-suited to address the issue.
Since Tiffany's Law has passed through the Senate, it must now pass through the State Assembly. If it passes through the State Assembly, it will become a law. Supporters expect a law like this to increase the number of DWI convictions.
]]>Giants' fans are undoubtedly hoping for a repeat of the 2008 Super Bowl, in which the team defeated the previously unbeaten Patriots. As family and friends gather together to watch the game (and, of course, the commercials), they need to keep in mind that law enforcement will be out in full force on Super Bowl Sunday to keep drunk drivers off the roads.
]]> State and federal agencies have prepared extensive advertising campaigns informing impaired motorists of the extra DWI patrols that will be in force that weekend. The National Highway Traffic Safety Administration has made Super Sunday a part of its holiday ad campaign, and has prepared commercials that will be available to local law enforcement agencies.Last year, the Suffolk County Sheriff's Department conducted a roadblock using its mobile DWI command posts after the Super Bowl to check for impaired drivers. Over 800 drivers were checked for signs of intoxication, and five arrests were made. One of the individuals also was charged with a Leandra's Law violation because children were present in the vehicle.
Those who are charged with a DWI face a wide range of potential punishments. Offenders will have to install an ignition interlock device in their vehicles, and may face the loss of their driving privileges. Repeat offenders will face enhanced penalties, including high fines as well as extensive jail time.
As the football season comes to an end, be sure to celebrate safely. If you have to drive to a Super Bowl party, have a designated driver in place if you decide to drink. A DWI conviction is a life-changing experience. If you are charged with driving under the influence, do not simply plead guilty hoping that it will make the matter go away, because you will only make matters worse.
]]>According to police, the husband was driving on Transit Road in Clarence, New York when he rear-ended another vehicle. He pulled into a parking lot and before police arrived, witnesses observed his wife get into the driver's seat to make it look like he was operating the vehicle.
The husband later admitted that he switched places to avoid being charged with DWI. The man had previously been convicted of DWI in 2003. Because of the prior conviction, his drunk driving charge was upgraded to a felony.
]]> You Don't Have to Be Driving to Get a DWIThe man's wife was also charged, even though she wasn't actually operating the vehicle. This draws attention to a little-known New York law - you don't have to be driving to be charged with DWI.
Under New York law, a person can be charged with drunk driving so long as he or she has shown intent to operate a motor vehicle. Sitting behind the wheel and having possession of the keys is sufficient evidence to warrant arrest.
Even though the wife was trying to help her husband, she ended up making things more difficult for herself and her family. It's never a good idea to switch seats to try to take the blame for a drunk driver.
Both the husband and the wife were charged with violating "Leandra's Law." Named after an 11 year-old girl who was killed in a New York drunk driving accident, the law - also known as the Child Passenger Protection Act - makes it a felony to drive drunk with children under age 16 in the car.
Drivers charged under Leandra's Law will automatically have their driver's license suspended while they await prosecution. Parents charged under the law will be reported to the Statewide Central Register of Child Abuse and Maltreatment.
New York has heavy punishments for DWI crimes. Both the husband and wife in this case may be facing up to four years in jail.
It's worth noting that both the husband and the wife refused to take a breath test. Although chemical test refusal may limit the evidence available to be used against you, it does come with strict civil penalties including a $500 fine and a one-year license revocation. You will need to weigh these options and make the decision that is right for you.
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