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Travel safe and avoid a DUI this football season

It’s football season! Fans across the nation have been anxiously for the National Football League to host the first official games of 2016 – and they were not disappointed. Week 1 kicked off with a bang, resulting in four games that were decided by just one point.

Giants and Jets fans both found themselves in one of those four nail biters. Those of you who cheer for the Giants watched your team take the win, while Jets fans had their hearts broken. If you plan to catch a match live this season, a W isn’t the only thing you should be concerned over.

Our two New York teams have shared MetLife Stadium for a few years now. The irony is not lost on fans of either team: the stadium is located in New Jersey. That is a long haul from Newburgh, which means many people are going to drive to the stadium. What happens to New York Residents who are pulled over for DUI in New Jersey?

The Interstate Compact is a big word for “state police departments talk”

From tailgating to post-game celebrations, alcohol is a big part of game day. There is nothing wrong with drinking a few beers or some wine, but don’t be surprised when police officers are stationed outside the stadium.

Let’s say you are one of the unlucky ones who gets stopped. The officer asks you to submit to a breath test and you comply. The test registers a .082, just above the legal limit. The end result? You get convicted of a DUI in a New Jersey Court.

How does the Interstate Compact or the Driver’s License Compact affect your situation? As member states, New Jersey officials will report the conviction to New York officials. Not only will you face the consequences of the New Jersey DWI/DUI, but you could face additional consequences in New York.

No, double jeopardy doesn’t apply

You might be thinking at this point whether double jeopardy applies. You can’t be convicted of the same offense, twice, right? Well, you are right there. You cannot be convicted of DWI/DUI in New York for your New Jersey stop.

However, double jeopardy only applies to criminal proceedings. License suspensions are an administrative matter. The New York State Department of Motor Vehicles can still suspend or revoke your license for the DWI/DUI conviction.

The easiest way to avoid a sticky situation in two states is to make sure you have a sober ride home. Stay safe, avoid a drunk driving conviction and, “Go New York!”

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