It may be tempting for a driver who is confident that his or her blood alcohol level is within legal limits to argue with an officer during a DWI stop. However, determinations of probable cause and evidence beyond a reasonable doubt may be best left to a lawyer at a later stage.
]]> Paul Moriarty, a New Jersey Assemblyman, had the presence of mind to cooperate with police, while preserving his rights. The lawmaker claims that he had not consumed any alcohol on the day he was pulled over on suspicion of DWI. The questioning officer subjected to a field sobriety test, which Moriarty claims he passed. Without explanation, the officer also requested a blood alcohol test. Moriarty refused the test, which led to his arrest for drunk driving.However, the lawmaker filed his own charges against the officer, claiming that the officer had falsified the police report and other evidence, possibly including misrepresenting the results of the field sobriety test. Moriarty obtained a squad-car video of his performance during that testing, which he claims proves he was sober.
A grand jury recently agreed with the lawmaker’s allegations and indicted the police officer on charges of falsifying evidence. The lawmaker has suggested that his political stance regarding recent city negotiations with the police union may have been the officer’s motivation to mistreat him.
Source: huffingtonpost.com, “Paul Moriarty, New Jersey Assemblyman, Has Drunk Driving Denial Backed By Grand Jury,” Geoff Mulvihill, May 2, 2013
]]>That lesson might be useful to remember for drivers who rely too much on a recently ruling by the United States Supreme Court on the lawfulness of DWI blood testing without a warrant. The Court affirmed the principle that a warrant is required to conduct a search and seizure. Although there may be an exception to that warrant requirement in the case of evidence facing imminent destruction, the Court further determined that such exceptional circumstances ordinarily do not apply to a suspect’s blood alcohol levels. As a result, enforcement officials will still be required to obtain a warrant before obtaining a blood sample from a DWI suspect.
]]> On a practical level, however, the ruling should not affect the cooperation expected of drivers when questioned by the police, even those under the suspicion of DWI. A number of procedural safeguards already exist which can be better examined by a DWI defense lawyer’s analysis of the arrest record, rather than a driver in the heat of the moment.For example, police typically require probable cause to pull a driver over on suspicion of drunk driving. That requirement may be satisfied if the officer observes erratic driving, and most likely in the event that the officer is responding to a crash. After the stop, an officer will ask a driver several questions. Based on that interview and the totality of the circumstances, the officer will determine if probable cause exists to subject the driver to field sobriety testing, and possibly breath or blood testing.
Source: newsday.com, “Court rejects no-warrant DWI blood tests,” April 17, 2013
]]>According to authorities, a 66-year-old school bus driver was scheduled to take the five students under the age of ten to their homes. The driver picked up the children on time, at the end of their school day at St. Edward the Confessor school. However, the driver didn't make it very far. He crashed into a garage attached to a home located practically across the street from the school where the children had boarded the mini-bus.
]]> Fortunately, none of the children on board were injured, nor was anyone inside the residence at the time of the drunk driving accident. The driver reportedly apologized and pleaded guilty to DWI and related charges. A Nassau County judge sentenced the driver to a one-year prison term, five years probation, and a revocation of his driver's license for 18 months.New York readers might recall previous discussions in this blog about Leandra's Law, which makes drunk driving with a passenger 15 years or younger an automatic felony. In this case, application of that law might have drastically elevated the charges against the bus driver. However, a DWI defense attorney might have suggested plea bargaining to reduce the charges.
The repercussions of this crash continue to resonate with policymakers. Specifically, local lawmakers scheduled a public hearing at SUNY Farmingdale to discuss additional safety precautions against DWI offenses from school bus drivers. One proposal is an ignition interlock system. Such a device, which works similar to a Breathalyzer, prevents a vehicle from starting if it detects alcohol on the driver's breath.
Source: nbcnewyork.com, "Long Island School Bus Driver Sentenced in DWI Crash into Home," Greg Cergol, April 30, 2013
]]>According to the arrest record, a state trooper observed erratic driving and swerving from a motor vehicle driven by the star's husband, Jim Toth. The state trooper pulled the car over and interviewed its driver. That led to a field sobriety test and a Breathalyzer test. Mr. Toth reportedly did not pass the tests. In fact, the breath test returned a blood alcohol level of 0.139.
]]> Ms. Witherspoon's behavior during this stop was allegedly disruptive. The state trooper claims that the star exited the car on multiple occasions during the husband's sobriety testing and made disruptive comments throughout the incident.This post illustrates that cooperation is often a better strategy for drivers pulled over on suspicion of driving while intoxicated. An officer typically follows certain protocols when investigating a driver for DWI, beginning with a simple conversation. If a driver is unable to answer questions and appears intoxicated, from signs such as bloodshot eyes or disorientation, an officer may perform further investigation. That extended stop may involve field sobriety testing or chemical testing.
Throughout the process, a driver's behavior is being observed -- as well as the passenger's. Challenges to arrest procedures might be better left to the courtroom. If an officer did invade a driver's privacy without probable cause, that evidence might speak for itself, perhaps in the hands of an experienced DWI attorney.
Source: nydailynews.com, "Reese Witherspoon arrested for disorderly conduct, husband Jim Toth booked for DUI," Sasha Goldstein, April 21, 2013
]]>One Suffolk man is in precisely this predicament. He is facing multiple felony charges, including aggravated vehicular homicide, aggravated vehicular assault, and manslaughter -- all in addition to his DWI charge.
]]> The 26-year-old driver had spent a long night at a Manhattan club and was driving home in his Toyota Camry on the Long Island Expressway. Unfortunately, the man may have misjudged his level of impairment. In fact, chemical testing later revealed that the man's blood alcohol content was between .13 and .14. The man rear-ended a cab driver on the expressway but reportedly kept driving, despite sustaining extensive damage to the front end of his car. The cab driver sustained non-life threatening injuries.That initial hit-and-run is not the end of the story, however. For reasons that are unclear, the man slammed on his brakes just before reaching the next exit on the expressway. An off-duty police detective driving behind the man was unable to stop in time, resulting in another collision and another person injured. This time, the man did not drive away.
According to reports, the officer first to report to the scene set up barriers with lights and sirens to prevent other traffic from crashing into the off-duty detective's vehicle. As he was crossing over to the man's car, however, he was struck and killed by an oncoming car.
Source: portwashington.patch.com, "DA: Charges Upgraded Against Suffolk Man in DWI Death of Nassau Cop," Rich Jacques, April 10, 2013
]]>In real life, however, driving into oncoming traffic almost always begins with a drunk driver and ends in tragedy. Today's story is no different.
]]> A Long Island driver was recently arrested and charged for driving while intoxicated -- her 5th DWI charge to date. The 38-year-old woman reportedly entered the Sunset Highway service road on the wrong side, driving her Honda SUV against traffic in the eastbound lane. Although she was able to weave around several cars, the woman eventually crashed into a car. The woman then reportedly drove off before authorities arrived at the scene. The status of the crash victim has not been released.The woman was arrested at her home a short time after the crash. Authorities report that the woman was unsteady, had bloodshot eyes, and reeked of alcohol. She has been charged with DWI, and also faces potential penalties for her hit-and-run behavior, including a charge of leaving the scene of an accident.
Authorities also discovered that this incident is the woman's fifth DWI offense, and that she was driving without a license because it had been revoked as a penalty after her last DWI conviction. As a result, the woman must also defend against a charge of aggravated unlicensed operation of a motor vehicle. Given her multiple DWI offenses, the woman may face felony-level penalties, including hefty fines and imprisonment.
Source: nypost.com, "Bust #5 for 'DWI' menace," Georgett Roberts and Kathianne Boniello, March 30, 2013
]]>A Suffolk County man from Lindenhurst is currently facing this dilemma. He was driving in the wrong lanes of Southern State Parkway, near Route 110 in Farmingdale, when he crashed into an oncoming vehicle. Unfortunately, the 25-year-old driver made the decision to flee the scene.
]]> The crash happened in the early hours of a Saturday morning, around 5:25 a.m. It is unclear whether the man was driving home from a social establishment. However, New York police caught up with the young man shortly after the crash. According to the police, the man was still visibly under the influence of alcohol. Consequently, they arrested him for DWI. Police also discovered that the man was driving without a valid driver's license.There are questions about this arrest that a DWI defense attorney might want answered. As a preliminary matter, the man's blood alcohol level will affect the charges brought against him, such as elevating a misdemeanor to an aggravated offense. An attorney will want to know if any chemical testing was done on the man, the circumstances surrounding how those tests were administered -- including the issue of consent -- as well as the man's indicated blood alcohol content.
Source: longislandpress.com, "Lindenhurst Man Charged With Wrong Way DWI Hit-and-run," Timothy Bolger, March 24, 2013
]]>Suffolk County drivers who partake in local nightlife may sometimes feel like the police set up enforcement patrols specially targeting the Saturday night bar crowd. Under New York law, however, an officer typically cannot randomly stop a car. Rather, the officer usually must observe a traffic offense or some indicia of impaired driving before pulling over a driver.
]]> Once stopped, however, it is usually in a driver's best interest to answer any questions asked by the officer. That questioning often determines whether an officer believes there is probable cause to warrant further testing, either with a sobriety field test or a breath test. At this point, drivers may wonder whether they should refuse.Many DWI criminal defense commentators might answer no. The determination of whether probable cause was sufficient for a DWI arrest is best left to attorneys in the courtroom. A driver may appear to be uncooperative by raising the issue with a responding officer. In addition, New York law typically imposes a mandatory chemical test refusal hearing and license revocation for a minimum of six months for any driver that refuses a breath test. For those reasons, a driver stopped for questioning and subsequently arrested for DWI should cooperate with authorities, within reason. Police will likely still need a warrant for blood testing, however.
Source: CBS New York, "Suffolk County Man Charged With DWI In Fatal Accident," March 24, 2013
]]>Under New York law, a first DWI offense -- driving with a blood alcohol content of .08 or higher -- is typically a misdemeanor, although the accompanying fines and potential jail time are enhanced if the BAC was 0.18 or higher. In addition, a first time DWI conviction may also result in license revocation.
]]> However, the man in this story is facing much more serious charges. At the time he was pulled over, the man was driving with his 8-year-old daughter. Pursuant to Leandra's Law, it is an automatic felony in the state of New York to drive drunk with a juvenile passenger -- 15 years old or younger -- even for a first offense.New York is not alone is this regard, as 36 other American states have similar DWI child endangerment laws. If convicted of this charge, the man will have to pay for the installation of ignition interlock devices on all of his vehicles, which must remain in place for a minimum of six months.
Needless to say, the consequences of a conviction could be very serious for this man. With the help of an experienced DWI defense lawyer, however, the man can present a strong defense, challenge any procedural deficiencies, and hold prosecutors to their burden of proof.
Source: longislandpress.com, "West Hempstead Man DWI With Kid, Cops Say," Timothy Bolger, March 11, 2013
]]>At the ceremony, a Riverhead police officer was honored for ranking among the top in DWI arrests. Local readers may be wondering just how many arrests warrant peer recognition among other police officers. The number is high: 108 DWI arrests in 2012. The runner-up had 104 DWI arrests to his credit. In total, 24 officers were honored for their DWI enforcement efforts in Suffolk County, where officials made a staggering 5,100 DWI arrests in 2012.
]]> According to a Suffolk County official, the high number of arrests evidences the county's commitment to making its roads and highways safe from drunk drivers. Officials believe their tough enforcement stance may have saved countless lives.However, this story may also suggest that a driver arrested for DWI in Suffolk County will have to defend against aggressive prosecution efforts. Typically, a police officer must have probable cause to make a DWI stop, and any subsequent field sobriety tests must be supported by the officer's interview of the alleged DWI offender. However, in a county that awards its officials for the highest number of DWI arrests, the potential for procedural violations may be increased.
That's where the work of an experienced DWI defense attorney begins. An attorney will review all aspects of a DWI arrest to ensure that no constitutional or procedural rights were compromised. From that starting point, an attorney can build a strong defense, ensuring that any evidence was properly obtained and that prosecutors don't overstate their case against a defendant.
Source: riverheadlocal.com, "Riverhead police officer among 24 in Suffolk County honored for most DWI arrests in 2012," Feb. 26, 2013
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