From the Governor:
"Last year, the Legislature and I responded to the tragic death of 11-year-old Leandra Rosado, who was killed while riding in a vehicle driven by an allegedly intoxicated driver, by enacting what we believe are the toughest anti drunk driving laws in the nation. The first part of “Leandra’s Law,” which makes it a felony to drive drunk with a child in the car, took effect last fall. The second phase – the so-called “interlock provision” – takes effect August 15.
Under this provision, when anyone is convicted of a felony or misdemeanor drunk driving offense the court will be required to impose – in addition to any fine or jail sentence – a term of probation or conditional discharge of at least six months. During this time, the offender will be required to install and maintain an ignition interlock device in any motor vehicle they own or operate. Before a vehicle’s motor can be started, the driver will have to exhale into the device and if their breath alcohol concentration is higher than a certain level, the engine will not start which will make the roads safer for all New Yorkers.
It is our goal to dramatically decrease the incidence of drunken driving, not merely catch and prosecute those who violate the law and I believe the inconvenience, expense and humiliation of having to blow into a mechanical device before starting a vehicle will have a powerful deterrent effect – when people are aware of that consequence of drunken driving.
......."
Showing posts with label DWI. Show all posts
Showing posts with label DWI. Show all posts
Thursday, June 10, 2010
Tuesday, August 18, 2009
MORE ON DWI IN NEW YORK
The following discussion about DWI in New York is also from the website of the DUI Foundation and their link is above on the title of this post:
"Second Conviction
If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.
A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.
A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver's license is revoked for a longer period of time-at least 18 months.
Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.
In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:
•Fine: $1,000 - $5,000
•Jail sentence: Five days - four years (or 30 days community service)
•LICENSE REVOCATION: 18 months or more"
"Second Conviction
If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.
A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.
A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver's license is revoked for a longer period of time-at least 18 months.
Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.
In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:
•Fine: $1,000 - $5,000
•Jail sentence: Five days - four years (or 30 days community service)
•LICENSE REVOCATION: 18 months or more"
Monday, August 17, 2009
MORE ON DWI IN NEW YORK
The following discussion about DWI in New York is also from the website of the DUI Foundation and their link is above on the title of this post:
"First Conviction
Driving while intoxicated in New York State is no small infraction. If you are stopped by an officer who administers a field sobriety test, then follows up with a chemical test, and the driver is found to have a blood alcohol concentration of at least .08, the driver is bound to face a harsh sentence.
Driving while intoxicated (DWI) is crime. A first conviction, considered a misdemeanor, will result in a substantial fine, mandatory surcharge, license revocation, and a possible jail sentence. An Aggravated DWI is something else entirely.
The state will fine a minimum of $500 and a maximum of $1,000 for a first conviction. Depending on the circumstances of the conviction, an additional jail sentence of up to a year is possible.
After an initial conviction, the state suspends a drunk driver's license for a minimum of six months. The law mandates that the offender participates in a Drinking Driver Program, and a conditional license may be awarded upon completion of the program if they are lucky.
The conviction will remain on the driver's permanent record as a misdemeanor. Plus, the convicted driver can expect his or her insurance premiums to skyrocket.
An aggravated DWI (BAC of .18 or higher) has far more severe consequences. Conviction of this first offense can result in double the fines of an average DWI conviction. Fines can be as steep as $2,500 in conjunction with a possible year-long jail sentence. A minimum of a one-year license revocation is also mandated.
In summary, the first DWI conviction in the State of New York entails:
•Fine: $1,000 - $2,500
•Jail sentence: Up to one year
•License revocation: One year or more"
"First Conviction
Driving while intoxicated in New York State is no small infraction. If you are stopped by an officer who administers a field sobriety test, then follows up with a chemical test, and the driver is found to have a blood alcohol concentration of at least .08, the driver is bound to face a harsh sentence.
Driving while intoxicated (DWI) is crime. A first conviction, considered a misdemeanor, will result in a substantial fine, mandatory surcharge, license revocation, and a possible jail sentence. An Aggravated DWI is something else entirely.
The state will fine a minimum of $500 and a maximum of $1,000 for a first conviction. Depending on the circumstances of the conviction, an additional jail sentence of up to a year is possible.
After an initial conviction, the state suspends a drunk driver's license for a minimum of six months. The law mandates that the offender participates in a Drinking Driver Program, and a conditional license may be awarded upon completion of the program if they are lucky.
The conviction will remain on the driver's permanent record as a misdemeanor. Plus, the convicted driver can expect his or her insurance premiums to skyrocket.
An aggravated DWI (BAC of .18 or higher) has far more severe consequences. Conviction of this first offense can result in double the fines of an average DWI conviction. Fines can be as steep as $2,500 in conjunction with a possible year-long jail sentence. A minimum of a one-year license revocation is also mandated.
In summary, the first DWI conviction in the State of New York entails:
•Fine: $1,000 - $2,500
•Jail sentence: Up to one year
•License revocation: One year or more"
Sunday, August 16, 2009
DWI IN NEW YORK
As a member of the Lawyers Assistance Program Committee at the Nassau County Bar Association, one area that has begun to interest me, and which I am preparing to study and concentrate in, is Driving Under The Influence, a huge problem in Long Island as we read our daily papers. The following discussion about DWI in New York is from the website of the DUI Foundation and their link is above on the title of this post:
" New York State DWI, DUI
Each state has the power to determine and impose penalties for drivers who violate traffic laws, which includes driving under the influence of drugs or alcohol.
In New York, all drivers must take an alcohol test if a police officer asks for one. This is known as the implied consent law, which means that anytime a person drives a vehicle, he or she consents to an alcohol test. The test determines how much alcohol is in a driver's bloodstream. A driver is considered impaired when his or her blood alcohol content is 0.08% or higher.
Drivers under the age of 21 are subject to the zero tolerance law, which lowers the legal blood alcohol content level to 0.02%. If it is determined that a person has a BAC level of 0.15% or above, he or she is subject to the enhanced penalty policy, which means that the penalty for violation increases in severity.
For a driver's first alcohol-related offense, his or her license is suspended for 90 days. For the next two offenses, the driver's license is suspended for six months each time. New York does not require jail time after the second offense, whereas other states do.
New York requires alcohol education in order for a driver's license to be reinstated. After the second offence, the driver risks the possibility of having his or her vehicle confiscated. However, in many states, the penalties and fines associated with drunk driving can be mitigated if an alcohol education program is completed. Normally, these programs offer drunk driving prevention education and assess the offender's drinking habits. If the offender is determined to be alcohol-dependent, he or she can be ordered to participate in counseling.
Installing an ignition lock in repeat offender's cars is a possibility in the state of New York. An ignition lock is a machine that is connected to a car's ignition and checks the driver's blood alcohol content level. The driver has to blow into the machine to start the car and do so from time to time while the car is running. If alcohol is detected, the car either does not start or turns itself off.
New York allows hardship licenses if an offender's license is suspended. The offender is allowed certain driving privileges, such as driving to work, in case a hardship is present, such as being the family's sole breadwinner.
New York is very strict about prohibiting open alcoholic beverage container inside a vehicle. Neither the driver nor the passenger may be in possession of an open bottle or can of alcohol. Some states only make it illegal for the driver to have an open container."
" New York State DWI, DUI
Each state has the power to determine and impose penalties for drivers who violate traffic laws, which includes driving under the influence of drugs or alcohol.
In New York, all drivers must take an alcohol test if a police officer asks for one. This is known as the implied consent law, which means that anytime a person drives a vehicle, he or she consents to an alcohol test. The test determines how much alcohol is in a driver's bloodstream. A driver is considered impaired when his or her blood alcohol content is 0.08% or higher.
Drivers under the age of 21 are subject to the zero tolerance law, which lowers the legal blood alcohol content level to 0.02%. If it is determined that a person has a BAC level of 0.15% or above, he or she is subject to the enhanced penalty policy, which means that the penalty for violation increases in severity.
For a driver's first alcohol-related offense, his or her license is suspended for 90 days. For the next two offenses, the driver's license is suspended for six months each time. New York does not require jail time after the second offense, whereas other states do.
New York requires alcohol education in order for a driver's license to be reinstated. After the second offence, the driver risks the possibility of having his or her vehicle confiscated. However, in many states, the penalties and fines associated with drunk driving can be mitigated if an alcohol education program is completed. Normally, these programs offer drunk driving prevention education and assess the offender's drinking habits. If the offender is determined to be alcohol-dependent, he or she can be ordered to participate in counseling.
Installing an ignition lock in repeat offender's cars is a possibility in the state of New York. An ignition lock is a machine that is connected to a car's ignition and checks the driver's blood alcohol content level. The driver has to blow into the machine to start the car and do so from time to time while the car is running. If alcohol is detected, the car either does not start or turns itself off.
New York allows hardship licenses if an offender's license is suspended. The offender is allowed certain driving privileges, such as driving to work, in case a hardship is present, such as being the family's sole breadwinner.
New York is very strict about prohibiting open alcoholic beverage container inside a vehicle. Neither the driver nor the passenger may be in possession of an open bottle or can of alcohol. Some states only make it illegal for the driver to have an open container."
Subscribe to:
Posts (Atom)
Posts
