Articles Posted in Nassau

Ono June 21, 2007, a man was apprehended and subsequently charged with driving while intoxicated per se and common law driving while intoxicated. These two charges in the indictment are class E felonies which are predicated on a previous misdemeanor conviction for driving while intoxicated in 2001.

After arraignment, a New York DWI Lawyer said the man asked the court to reduce the felony driving while intoxicated charges to misdemeanors. He claims that in 2001 when he was convicted of those two misdemeanors, his constitutional right to counsel and his right to remain silent was violated.

From the records it was established that on August 25, 2001, the man was arrested in Saranac Lake and he was charged with misdemeanor crime of driving while intoxicated. He was taken to the police station and there he learned that he was also being arrested for assault on a domestic violence charge.

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A police officer was patrolling along Route 404 on January 12, 2005 at 2am. He saw a car going very fast and it was heading toward him. The police officer’s radar unit registered the approaching vehicle to be going at 55 miles per hour when the speed limit in the area was only 40 miles per hour.

A New York DWI Lawyer said the police officer made a u-turn and followed the speeding vehicle. The car turned right on Shoecraft Road and took another left turn into the parking lot of a drugstore. The car did not immediately park. It took a while before the car came to a stop. The officer took out his gun and pointed it toward the direction of the man whom he ordered to get out of the vehicle.

The police officer patted him down to check for weapons. When he was sure that the man had no weapons on him, he put his gun back in its holster. It was then that he noticed the smell of alcohol on the man’s breath, his red bloodshot eyes and his slurred speech.

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Two police officers saw a car moving erratically. When they stopped the car, the lady driver refused to exit her car. A New York DWI Lawyer said the police officers heard the woman’s slurred speech and smelled alcohol on her breath and concluded that she was very intoxicated.

The police officers also saw that aside from the lady driver, there was an adult passenger with her and an 11-month old child in a car seat. The police officer called Social Services to take custody of the 11-month old child.

A New York DWI Lawyer they then arrested the lady driver and brought her to the station. They asked her if she wanted to take the breathalyzer test but she refused. The arresting officers told her the consequences of not taking the breathalyzer test: that her refusal will be entered into the record and will be used as evidence against her. But she still refused.

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A father organized a graduation party for his 18 year old son who graduated from high school. He decided to hold the party on June 16, 1983 at a club and he agreed to have an open bar where beer will be served to the guests from a keg with a tap. The father agreed to be charged for each keg of beer consumed. Food will also be served at the party and the father will be charged per plate served. The father decided that the party should start from 12 noon until 6:00 p.m. as an open house for his son’s adult relatives; but the party beginning at 6:30 will be for his son’s friends at school.

A New York DWI Lawyer commented that the party was such fun, beer flowed abundantly. At around 6:30 p.m. a classmate of the party host’s son who was around 19 years old arrived and had two beers. He stayed at the party until midnight drinking freely but not eating anything at all. The beer was available on a self-serve basis. When the club closed at midnight, the classmate gave some of his friends and school mates a ride at the back of his pick-up truck. Half an hour after leaving the party, the pick-up truck skidded off the road and turned over. A friend of his who was sitting in the back of the pick-up truck with his girlfriend died as a result of the accident.

The classmate pleaded guilty to vehicular homicide and to driving while intoxicated. A New York DWI Lawyer said thttps://criminaldefense.1800nynylaw.com/lawyer-attorney-1398152.htmlhe parent of the high school graduate who hosted the party also pleaded guilty to the charge of unlawfully dealing with a child (by giving alcohol to a minor.)

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A police officer had just gone off-duty and had changed from his police uniform to civilian clothes. He got into his car and was driving home. When he reached an intersection with a stop light, he stopped and waited for the light to turn green before he turned left. As he was turning left, a big SUV came at high speed and ran the red light. A New York DWI Lawyer said that the officer had to stop and turn sharply to avoid being blind-sided by the SUV that ran through the red light.

The officer then followed the SUV as it ran two more stoplights. At one of the stoplights, there were people crossing the street who had to jump out of the way so as not to be hit by the SUV. The SUV stopped a few blocks later in front of an auto body shop. The officer got out of his car and talked to the driver of the SUV. He showed the driver his shield and asked for the driver’s license and registration but the driver refused. The off-duty officer smelled a strong odor of alcohol on the driver. The officer then told the driver to remain in his car.

The driver did not heed the officer’s instructions. He got out of his car as did all of his passengers. They began chanting that the officer could not arrest them because he was off-duty. So the off-duty officer called the 45th Precinct to send officers to arrest the driver.

According to a New York DWI Lawyer, an alcoholic father appealed that the court should grant him full custody of his child without any visitation rights to the mother. The mother was granted sole legal and physical custody with visitation to the father. The couple had been before the Family Court on numerous occasions in the course of which the father’s alcohol dependency had been a factor in visitation. He had previously been ordered to successfully complete alcohol treatment before unsupervised visitation would be allowed and was prohibited from consuming alcohol for 24 hours prior to or during visitation.

A few months after the order was entered, another series of proceedings were commenced between the couple after the mother refused to turn the child over for visitation one afternoon because the father showed up visibly intoxicated. The incident prompted the father to file violation and modification of custody petitions. The mother, in turn, filed a modification petition alleging that the father was once again consuming alcohol on a regular basis and seeking, among other relief, to suspend visitation pending successful alcohol treatment and a family offense petition, alleging that the father made repeated threats to remove the child from the state. In her modification petition, the mother also noted that the father had recently been arrested on another alcohol-related offense.

A New York DWI Lawyer said that based on records, the Family Court dismissed the father’s petitions for failure of proof and modified the prior order by directing him to undergo alcohol treatment and permitting supervised visitation on the condition of his active engagement in such treatment. It also denied a motion for a new trial.

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In New York City, a man was charged with four counts of manslaughter in the second degree, four counts of vehicular manslaughter in the second degree, two counts of DWI (driving while intoxicated), reckless endangerment in the second degree, driving with a suspended registration and various traffic infractions. A New York DWI Lawyer said that the charges arise out of a single-car collision that resulted in the death of three people, a pregnant woman and her son and the sister of the pregnant woman. Also at issue is whether the son, delivered by cesarean section after the death of the mother, was an additional fatality under the law. The defendant is alleged to have been driving while intoxicated and above the legal speed limit when he ran a red traffic signal and collided with the family crossing the intersection.

Records revealed that the defendant had the opportunity to examine the Grand Jury minutes and claims that the evidence before the Grand Jury is insufficient to support any of the charges of manslaughter in the second degree while conceding the sufficiency of the evidence regarding the charges of vehicular manslaughter involving the deaths of the three victims. The defendant claims, however, that none of the charges were sustained with regards to the son. He argues that he cannot be charged with the death of a child who was never legally alive.

A New York DWI Lawyer said that he also seeks a number of rulings to be disqualified prior to trial. He seeks to exclude the testimony of a lay witness who testified as to the speed at which his vehicle was traveling; the testimony of his alleged drinking prior to the collision; the prosecution from introducing evidence of the name and nature of the bar where he was said to have been drinking; and to exclude the testimony that two empty beer cans were recovered from his vehicle. He also seeks to disqualify the court from introducing evidence of his refusal to submit to a coordination test. In addition, he moves to suppress his statements allegedly made to a Police Captain.

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