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Hudson Valley Criminal Defense Law Blog

Woman faces multiple offenses after alleged DUI hit-and-run

When there are allegations of a New York driver being under the influence of alcohol or drugs, there can be charges levied that can result in significant penalties and long-term consequences. If those allegations are accompanied by an accident in which there is an injury or fatality, the driver will face multiple offenses. This can be made worse if the driver makes the mistake of committing other crimes, such as fleeing the scene. With any DWI, it is important to have legal help.

For example, recently, a 24-year-old woman was placed under arrest after she allegedly hit a pedestrian in a parking lot, while driving drunk and fled the scene. The woman was rushed to the hospital where she died. The driver was later found and arrested.

Traffic stop leads to arrest for felony drug charges

New Yorkers might be under the impression that the growing freedom across the nation to possess and use marijuana means that there is a reduction in the intensity with which law enforcement addresses it. In New York, the drug remains illegal meaning that those who have it can face drug possession charges and those who are selling it could face intent to distribute charges. These can rise to a felony if there is enough of the drug in possession. For people who are arrested for drug crimes related to marijuana, legal help is a must.

A man was arrested for multiple drug-related charges after a traffic stop. Law enforcement officers saw a vehicle go through a stop sign and stop beyond the crosswalk in the intersection. They stopped the vehicle and investigated. A 27-year-old man was driving the vehicle. They found that the man was driving with a suspended driver's license. In addition, there was a strong smell of marijuana in the vehicle. Officers found two baggies with slightly more than a pound of marijuana in the vehicle's trunk. The man was arrested for second degree possession of marijuana - a D felony; and a misdemeanor for driving without a license.

Understanding traffic violations for New York distracted driving

A driver's ability to continually check their smartphones and other devices has led to a prevalence of distracted driving. While the danger of distracted driving is well known, people still do it. However, law enforcement is cracking down. In New York, drivers can face a traffic violation and a fine for using a phone while driving. Knowing the law is essential to avoid the harshest penalties.

It is a violation to have a hand-held device while driving. This includes: talking; sending messages, surfing the web or taking part in similar activities; taking images or videos, or transmitting them; and playing games. A person who does this for any reason, except in an emergency, can get a ticket.

Man arrested on multiple drug charges after traffic stop

Hudson Valley residents will often be under the impression that drug offenses are generally linked to those who have illegal drugs, like cocaine, heroin, methamphetamine and even marijuana. However, prescription drugs can also result in drug crime charges with serious consequences.

If there is a combination of street drugs and prescription drugs, there can be major problems. These charges can come during a traffic stop or another type of investigation. Those who are arrested on these charges must be aware of the importance of lodging a strong defense.

Holiday weekend crackdown can lead to drunk driving charges

People in the Hudson Valley and throughout New York State will undoubtedly look forward to holiday weekends with the most recent being Labor Day. However, law enforcement will also be looking forward to these weekends and other holidays to seek out drivers who might be operating their vehicles under the influence and to make arrests on drunk driving charges. Those who are stopped during these crackdowns and arrested on a DUI charge should be aware of how to formulate a defense.

For Labor Day, law enforcement in New York State took part in the "Driver Sober or Get Pulled Over" campaign that has been taking place across the nation. It began August and went through Labor Day, September 4. Given that there are many drivers in New York during this time, the volume has inspired an attempt to catch drivers who might have been drinking or using drugs. Because people are attending parties, there is a belief that many might get behind the wheel after having consumed too much. This can lead to arrests.

Understanding the basics of an ignition interlock device

An ignition interlock device is a machine that is installed on a vehicle and measures the blood-alcohol content in a person's body. Before the vehicle will start, the driver must blow into the machine so the BAC can be determined. It will also intermittently require the driver to blow into the machine to ensure that he or she was not drinking after the previous test. For drivers who are convicted of DUI, installation of this machine is part of the program allowing them to drive.

Since August 15, 2010, judges in cases related to a DUI charge were obligated to order this device be placed on any vehicle belonging to the person who was convicted. It is a condition for the person to receive probation or a conditional discharge. If the person receives a conviction for an aggravated-DWI or repeated alcohol or drug offenses within five years, the judge must order that the machine be placed on every vehicle the person owns while the driver's license has been revoked and during probation or conditional discharge.

Woman faces multiple offenses after DWI arrest

Drunk driving is considered a very dangerous behavior that law enforcement is constantly trying to stop in the Hudson Valley and throughout New York State. People who are confronted with drunk driving charges must be aware that even though there is a social stigma related to DWI, they still have rights to a strong defense even if they have a high blood-alcohol content level or are charged with felony drunk driving. There are numerous ways to deal with multiple offenses related to DWI and it is important to have legal help.

A 26-year-old woman was arrested on multiple charges for DWI after a traffic stop. The officer who made the stop had been investigating a separate accident at 4:22 a.m. when he saw a vehicle with a single working headlight that was not using proper care for emergency vehicles. The vehicle was stopped, an investigation was conducted and the officer determined that the woman was under the influence. She was arrested and charged with DWI, DWI with a BAC above .08 percent, and for the violations with the headlight and the emergency vehicles. She was released on her own recognizance and has a court date.

Penalties for no insurance, failing to pay a ticket

To have a driver's license in New York State, there are requirements that the person must adhere to. Some are clearly known such as obeying the traffic laws, not drinking and driving and similarly obvious laws that must be followed. Others can lead to penalties that the driver might not be aware of. Being stopped and cited for a traffic violation and the aftermath of such an occurrence might not seem to be that important, but losing one's driving privileges can be an inconvenience and cause problems personally and financially. It can even lead to jail. Lodging a defense again an allegation or a misdemeanor charge for a traffic violation is imperative.

Drivers are required to have insurance when they are driving. If a person is charged and convicted of driving without insurance or letting another person drive a vehicle that is not insured can result in a revocation of driving privileges for a minimum of one year. There will be a civil penalty of $750. There does not even have to be a traffic stop for this penalty to be assessed. A car accident in which the Department of Motor Vehicles is informed that there was no insurance on the vehicle will result in the same penalties.

Taxi driver arrested for DWI and other charges

For people who are faced with drunk driving charges in the Hudson Valley, the defense is one of the most important factors in resolving the case in a positive way. There are a litany of issues that accompany being arrested for driving under the influence and all must be factored in. In some cases, the driver uses his or her vehicle for work and a DWI with its penalties can cause extended problems in a person's life that go beyond jail time, fines and more. Because of that, contacting an attorney as soon as the arrest is made is imperative.

A taxi driver was arrested for drunk driving in the mid-afternoon. Law enforcement was contacted with reports that the taxi was moving in an erratic fashion and investigated. They went to the taxi office and interviewed the 51-year-old driver. He was found to be driving without a license to drive a taxi in the area and showed signs of intoxication. He was arrested. At the police station, he was given a test to determine his blood-alcohol content and it was found to be .23 percent. This is close to three times the legal limit. In addition, his New York State driver's license was suspended while he was driving.

What is Leandra's Law when charged with DWI?

When a person faces drunk driving charges in the Upstate New York, there are certain laws that they might not be aware of, but carry various penalties if there is a conviction. One is known as "Leandra's Law." This law was named as such after a child named Leandra died in a car crash with the mother of a friend while the mother was intoxicated.

The law enhanced the penalties that drunk drivers face. If a person was convicted of DWI from August 15, 2010 onward, an ignition interlock device will be placed on their vehicle. In addition, there will be an ignition interlock restriction on the driver's license. There are different parts to Leandra's Law. If a person has a child 16-years-old or younger in the vehicle and is intoxicated whether it be from using alcohol or drugs, it is aggravated DWI with a child in the vehicle and a Class E felony.

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