Your case matters. We commit our full resources and attention to a successful result.

Probe of drunk driving survey shines spotlight on driver’s rights

Last month, we discussed the controversy that has arisen regarding a federal roadside survey intended to gather information about drunk driving and drugged driving. The survey is facilitated by the National Highway Traffic Safety Administration, which has enlisted the help of both private contractors and local police departments. The contractors and police take motorists off of the roads across the country and ask them to provide blood samples, or breath or saliva samples. The goal of the survey is to learn how many Americans are driving drunk or while impaired by drugs, but motorists have complained that the methodologies are unconstitutional.

One driver has even sued the government for infringing on his rights in the name of the roadside safety survey, and now a U.S. House committee has agreed to look into the survey to make sure it is being conducted legally and appropriately.

The House transportation committee plans to investigate the survey, which has been performed five times since the early 1970s.

Federal officials have explained that participation in the survey is not required of drivers, and the information of drivers should remain anonymous. In fact, if a driver who participates in the survey is found to be impaired, he or she is supposed to be driven home or to a hotel. Criminal charges should not materialize from these stops. Nonetheless, a recent report by the Associated Press suggested that the contractors involved in the survey may not be respecting the rights of motorists.

The future of the probe into this survey remains to be seen, but the controversy this has generated is a reminder that the rights of motorists are not always respected here in New York. In fact, violations of motorist’s rights often lead to DWI charges in New York, which can result in jail time, the loss of one’s license and a criminal record. Those who find themselves facing a drunk driving charge after being stopped by police in New York need to be aware of their rights and their options to mount a criminal defense.

As is evidenced by the federal roadside survey, authorities are very motivated to keep dangerous drivers off the roads and to penalize drunk drivers. Those who find themselves facing drunk driving charges must protect their rights, and it is often beneficial to seek legal counsel in order to do so.

Source: The Associated Press, “US House committee looking into roadside survey,” Michael Rubinkam, March 6, 2014

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District