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New York man faces felony DWI after driving with infant in car

Earlier this week, it was reported that a New York City man was arrested for allegedly driving drunk with an infant in his car. He is facing very serious criminal charges for the offense. There are only two situations in New York in which prosecutors have the ability to charge you with an aggravated DWI, …

Can a smartphone app save you from a DWI conviction in New York?

Drunk driving laws are very tough in New York. People often find themselves pulled over and being accused of driving while intoxicated when they feel like they are perfectly safe to drive. Some drivers even purchase personal breath test devices and read up on drunk driving laws so that they can get an idea of …

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 …

Did drunk driving survey violate the rights of drivers?

The Fourth Amendment protects U.S. citizens from unreasonable search and seizure. This means that the government does not have the right to search an individual or his or her property without consent or a warrant. There are certain exceptions to this rule, but in general the government may not intrude into the lives of citizens …

Penalties for felony DWI convictions vary in New York

Last month, we discussed a drunk driving case that was receiving national attention. The case involved a teenager who was sentenced to 10 years of probation, and no jail time, for multiple counts of intoxication manslaughter. In the aftermath of that controversial sentencing, people all over the country, including here in New York, have been …

New York lawmakers aim to toughen drunk driving laws

The consequences for driving drunk in New York are severe. A conviction for a DWI can result in fines, a revoked driver’s license, jail time and more. Nonetheless, New York state lawmakers think that the laws are not tough enough, and they are working to strengthen DWI penalties. Three bills that would increase punishments for …

Teen uses unusual defense in fatal drunk driving case

Many New York parents of teenagers might agree that their teens do not seem to understand that actions have consequences. There is something about the teenage years that leads a number of teens to demonstrate questionable judgment and test boundaries, even when they have been raised to know better. When they have not been taught …

Lawmakers may update field sobriety tests for marijuana detection

In New York, it is illegal to drive when one’s blood-alcohol content is .08 percent or higher, and this can result in drunk driving charges. When marijuana is involved, however, there is no legally allowable amount. If any marijuana is detected in the bloodstream or urine at all, a driver may face consequences for driving …

Investigation is a reminder that DWI blood tests are not foolproof

Many DWI defendants in New York may think that they have no chance to successfully fight a conviction if the blood-alcohol evidence indicates guilt. While the existence of incriminating blood or breath evidence can make a case tough, DWI defendants should not give up. There are still viable defense options. In some cases, blood and …

More women are being arrested for DWI

New York residents may be surprised to learn the number of women facing DWI charges is on the rise. FBI statistics show that the number of men arrested for drunk driving has declined since the mid-1990s, but in that same time the number of arrested women has increased. Male drivers still make up the bulk …