However, a New York court ruled this week to not let Kennedy off of the hook for an incident that she was involved in last July. She's accused of driving while impaired, but not by alcohol. The substance that led to her reported erratic driving was a prescription sleeping aid.
]]> Drivers can be charged for DUI even if they only have a prescription drug in their system. If the substance was taken illegally or irresponsibly and resulted in impaired and dangerous driving, New York officials will not hesitate to make an arrest and proceed with criminal charges, not even if the suspect is a Kennedy.In this particular situation, Kennedy, 53, worked with her defense attorney to try to get the DUI charge dismissed. She claims that she didn't intend to take Ambien and drive; she took the sleeping drug by mistake. The judge wasn't swayed by the request and refused to dismiss the drugged driving charge earlier this week.
This isn't the first DUI case among the Kennedy clan, but it doesn't make it any less serious. Kennedy caused an accident before police found her in her vehicle, seemingly asleep behind the wheel. Just because alcohol was not involved does not mean that the court won't take the case seriously.
We will post an update when there is a development in this story.
Source: New York Daily News, "Kerry Kennedy trial on misdemeanor DUI charge set for the fall in Westchester," Chelsie Rose Marcius and Daniel Beekman, May 21, 2013
]]>Over a decade ago, Sen. Charles Fuschillo wrote the legislation for New York that led to the enactment of the 0.08 blood alcohol limit. Then it was a move to a state that became tougher on drunk driving. This recent NTSB recommendation could possibly lead to an intensified fight against so-called impaired driving.
]]> Reporters addressed the DUI law suggestion with Fuschillo and got him to admit that he wouldn't immediately take a stance either way. There is more than just the traffic safety and DUI arrests aspect of this matter; businesses are impacted by the idea as well.Fuschillo is the head of the Senate Transportation Committee in New York. His opinions regarding the proposed 0.05 BAC limit could make a big difference in whether the state starts going after more drivers for driving under the influence of alcohol.
He does address how the previous change to the 0.08 law was partly a response to financial threats. If the state were to lose out on federal funds by not adopting a stricter BAC standard, then finances might win out over what many might think is fair.
When there is a development in this matter we will post an update.
Source: WGRZ. "Head Of Senate Transportation Committee "Willing To Look" At New DWI Level," Scott Brown, May 16, 2013
]]>When a criminal defendant pleads guilty to a charge, he often does so in order to avoid potential serious sentencing and also might hope that his cooperation will sway the court to treat him favorably. Travis reportedly is fighting to have part of his plea deal followed, but the media might be a tough competitor.
]]> When Travis pleaded guilty to drunk driving, he avoided jail time and was instead put on probation. There was more to the agreement, however, and the extra detail seems to be one that is important to the music star. He wanted the recording of the traffic stop to be kept private, away from the media.Even though the judge reportedly agreed to that detail, Travis finds himself worrying about the potential leak of his arrest video. Media groups want the footage from officials, and Travis is suing in order to keep the recordings out of the media's hands and away from the public eye.
No matter how famous or ordinary a person might be, the stigma of a drunk driving arrest is harsh. Travis' freedom might not be threatened by the recordings, but his reputation is. For a high-profile entertainer, a reputation is something worth protecting.
Source: The Associated Press, "Randy Travis Sues to Block DWI Patrol Car Video," May 17, 2013
]]>States would lose funding if they didn't agree to the stricter 0.08 limit; and now The New York Times report suggests that future funding could depend on whether states adopt a further, stricter BAC limit as law. If enacted, the suggested BAC limit change could put many more people in the path of a drunk driving charge.
]]> Today the National Transportation Safety Board is contemplating a 0.05 BAC limit as the replacement for the current 0.08. If imposed on drivers in the U.S., that could mean an increase in DUI arrests unless drivers curb their drinking habits. It would be a significant change, and those don't come without proper debate.There are critics of the current BAC limit who argue that it doesn't necessarily mean a person is impaired if they are at the legal limit. A very current argument, too, is that drowsy driving is more dangerous than drunk driving. Why not increase legislation regarding that safety concern? Also, a lower BAC limit could have an impact on business for alcohol sales among stores and establishments.
Currently, New York has its own criminal charge for drivers with a BAC limit of 0.05 to 0.07. It is classified as driving while ability impaired. Whether the NTSB likely recommendation would change the DWAI and DWI laws in New York is for the future to tell. When there is a development in this drunk driving matter we will post an update.
Source: The New York Times, "U.S. May Advise Lower Limit for Drunken Driving," Matthew L. Wald, May 14, 2013
]]>Colorado in particular is in the process of enacting a new DUI law that stems from its changed drug laws. House Bill 1325 was recently passed and puts in place a sort of standard similar to the standard used for drunk driving investigations.
]]> New laws have a tendency of creating dispute among lawmakers and voters. The DUI drug law is no different. Critics of setting a THC limit on drivers auggest that THC levels do not accurately indicate a person's supposed impairment. Especially those who regularly use marijuana for medicinal purposes are at-risk of of arrest. They are likely to have higher levels of THC in their systems, even if they are not truly impaired.The point that supported the proposal's ability to move forward despite that criticism is that potential DUI drug defendants have the opportunity to argue that they were not impaired and that the THC reading may have been accurate but didn't accurately reflect their driving abilities. Basically, a THC level of 0.05 nanograms will allow for an arrest and charge, but an effective argument regarding one's physical and mental fitness could override the power of the THC test.
Some think that leniancy regarding marijuana use is spreading in the U.S. If New York becomes a state that legalizes the drug, DUI laws would undoubtedly change to reflect the public's fear that more drivers would be high and driving.
Source: Colorado Watchdog, "Marijuana DUI law may help convict sober drivers," Calvin Thompson, May 8, 2013
]]>As odd as the last question might sound, New York bus drivers are facing the potential of having to take a breath test in order to perform their jobs every day. Lawmakers have used recent DUI incidents involving school buses in New York in order to propose a controversial anti-drunk driving bill.
]]> Last week, the State Senate transportation meeting included the presentation of a proposal that would put ignition interlock devices in every school bus in the state. For drivers to start the bus and continue to be able to drive the kids to school, they'd have to routinely blow into the ignition interlock device to prove that they are not under the influence of alcohol.There are various arguments against the implementation of such a measure. One point is that the law would cost a lot money, a reported 100 million to put the devices into the vehicles. The machines need to be installed as well as maintained. Also, it is crucial to recognize that the devices can be inaccurate. An error in a breath test could threaten a bus driver's job and overall future if criminal charges result in the faulty technology.
From more of an ideological perspective, critics worry about making bus drivers feel like they are criminals every time that they get behind the wheel of their buses to do their jobs. While the bus accidents in the past are serious, they are still a rare few within the scope of what goes on every day among New York bus drivers. Most do not drive drunk and drive with kids' safety as their primary concern.
We will post an update when there is a development in this DUI legislation matter.
Source: LongIsland.com, "NY Legislators Propose School Bus Breath Test Interlocks for Bus Drivers," Lyndsay McCabe, May 4, 2013
]]>According to WebMD, Swedish scientists claim to have found success in testing a new breath test. Tests have reportedly identified various kinds of substances in subjects system, ranging from heroin to different types of prescription drugs. The tests were taken up to a day since the subjects used the drugs.
]]> Sure, the new breath test device is not being used in the U.S. But lawmakers' passion to convict supposeldy impaired drivers remains strong. Despite the problem with current Breathalyzers, society tends to put a lot of trust in technology in regards to assigning guilt. Criminal defense attorneys know, however, that machines malfunction. Those who operate them make mistakes. A positive read on a breath test doesn't necessarily mean that a supsect was drunk or drugged at the time of arrest.
Many people rely on prescription drugs in order to lead normal, healthy lives. The new device brings up the potential for a person to feel like a criminal because he has, for example, Xanax on his breath. If an officer suspects that a driver is impaired, that driver could ultimately be charged with DWAI, even if all he's on is a drug that his doctor has prescribed for him.
Anyone who is charged with impaired driving should work with an experienced DUI defense lawyer as soon as possible.
Source: WebMD, "Roadside Breath Test for Drugs Could Be on Horizon," Robert Preidt, April 26, 2013
]]>This happened recently to a prized prospect of the New York Yankees. Many die-hard Yankee fans are likely already familiar with Mason Williams, who is considered by many to be one of the Yankees' top prospects in its farm system. Williams was arrested this week in another state for misdemeanor driving under the influence. The drunk driving charge could lead to jail time.
]]> Williams, who currently plays with the Single A Tampa Yankees, was stopped by police during the early morning hours, after police allegedly spotted him driving erratically. The 21-year-old Williams' car was allegedly "weaving" and driving about 10 mph above the speed limit.According to police, a field sobriety test indicated "clues of impairment," which led to his arrest. While in custody, he took two breath tests, in which he blew 0.062 and 0.067, which are obviously lower than the legal limit.
Since he blew below the legal limit, what proof do police have that Williams was driving drunk beyond their own estimations and anecdotal evidence? It seems that Williams could have a strong argument in his favor that he was not actually driving drunk. Of course, different states have different laws about what constitutes "under the influence" vs. "intoxicated," but it could be argued that someone with a blood alcohol content of less than the legal limit should not be jailed.
Source: The New York Daily News, "Yankees top minor-league prospect Mason Williams arrested for DUI in Tampa," Mark Feinsand, April 25, 2013
]]>Sources report that the actor was mouthy to authorities when the couple was pulled over in their vehicle. Now, Witherspoon's husband faces a charge for driving under the influence (DUI) after driving in the wrong lane. Witherspoon was subsequently arrested for disorderly conduct, according to sources.
]]> So, what happened? Once Toth was arrested on suspicion of drunk driving, Witherspoon exited the vehicle. She was instructed to return to the car; however, she resisted and officers grabbed her arms. Her husband attempted to calm her down in the moment.After a brief stint in jail, the couple as released on bond.
This story exemplifies how even the famous are not impervious to drunk driving charges. Many DUI cases evolve from traffic stops. Here, Witherspoon's husband was allegedly driving in the wrong lane of the road. If officers detained the vehicle in accordance with appropriate traffic laws, the stop could be warranted.
If you have been charged with drunk driving, you may need legal assistance. The law is very technical and officers must comply with strict criminal procedures. If they do not, any evidence gathered in a case could be thrown out and not permissible in a court of law. To learn more, contact an experienced defense attorney in your area.
Source: People.com, "Reese Witherspoon: 'I'm Very Sorry for My Behavior'," April 22, 2013
]]>"We want New York State to have the toughest anti-drunk driving laws in the nation," says Sen. Fuschillo in relation to his proposal to set stricter ignition interlock device regulations. He and other critics of the current DWI sentence worry that too many convicted offenders are somehow working around the ignition interlock device sentencing.
]]> The legislative proposal is built on the theory that convicted DUI offenders in New York are breaking the ignition interlock device rule by having their vehicles registered to someone else. If someone else owns the vehicle, the system won't recognize that they have to have an interlock device on the vehicle. The convicted offender then drives that car without having to blow into the device.If passed, the bill would add further punishment to those who take advantage of the current loophole. Not only would an ignition interlock device be required in any vehicle that the person drives; he or she would also be required to wear an ankle monitoring bracelet that would track alcohol use.
The proposal has already passed in the state senate. If there is a development in this legislative matter we will post an update.
Source: CBS New York, "Bill Seeking To Close Loophole In Leandra's Law Progresses In State Legislature," April 20, 2013
Should authorities have to have a warrant before sticking a defendant with a needle and collecting his blood? That was the basic question put before the Supreme Court. The justices made their ruling yesterday, and the decision might be good news for the particular defendant but confusing news to law enforcement.
]]> According to the court, the specific blood draw of the man who brought his case to the court was wrongfully done. There were not exigent circumstances to support the forced blood test. No one had been injured in relation to the incident. The police should have obtained a warrant from a judge and then, if the warrant was granted, they could have collected the blood sample and effectively used it as evidence.Law enforcement in this case and critics who support blood tests argue that the waiting time to get a warrant means the loss of evidence in DUI cases. Whatever substance, whether it be alcohol or drugs, was in the suspect's system at the time of arrest will dwindle as time passes, making for less accurate and powerful evidence.
Despite that argument, the court put a person's right to feel secure in his body before the law's eagerness to convict a person of a crime. The justices did not outline exactly what circumstances would allow an officer to ethically do a blood test without a warrant. The ruling suggests that a warrant is important in the investigative process and also that it shouldn't be that difficult for officers to get warrants these days due to technology.
Source: CNN Justice, "Supreme Court rules against police in drunk driving case," Bill Mears, April 17, 2013
Hart is recorded on video talking to a TMZ reporter about the arrest that occurred early on Sunday. Most self-incriminating was when Hart clearly tells the public, "I was drunk." When talking to the reporter, Hart didn't have an attorney with him. A criminal defense lawyer very likely would have strongly urged the funnyman to take his situation more seriously and to say nothing.
]]> According to sources, police stopped Hart on a California highway after they saw him allegedly driving at at least 90 MPH. Hart engaged in sobriety tests and was also subjected to a Breathalyzer test. He admits that he failed the chemical testing, which, again, is a point he perhaps should stay mum on until he and a DWI defense lawyer thoroughly evaluate the case and his legal options.The comic faces the charge of resisting arrest along with the drunk driving charge. Within just a day after his arrest, Hart is able to laugh about the incident. He might, however, want to hold off on adding details of this legal run-in into his act until the matter is settled. Celebrity or not, he is still subject to the law and potential harsh sentencing if found guilty of the charges.
Source: New York Daily News, "Kevin Hart arrested for DUI after erratic driving, failing field sobriety tests," Zayda Rivera, April 14, 2013
]]>For teenagers, the idea of prom is loaded with dangerous temptations. Among them are drugs and alcohol. Peer pressure exists as it always has, and kids will make mistakes as they always have. Law enforcement won't look the other way if they suspect someone is driving drunk, even if he is a teenager with his prom date sitting next to him.
]]> Drivers under the age of 21 have different drunk driving standards before them. New York has a zero-tolerance policy for underage drivers. So while most people know that 0.08 is the legal BAC limit, that isn't the truth for drivers under 21. A lower BAC level could lead to anywhere from six months' to a year's worth of a lost driver's license. Basically, just one drink could get a teen in trouble with the law.A DUI on a youth's record is something that he and his family will likely regret for years to come. It can impact his driving rights, employment, education and his self-esteem. The best way to avoid that scenario is for parents to talk to their teens at this time of year about how police will stop and investigate if they have reason to believe that a teen driver is driving while impaired.
Source: The Tennessean, "Temptation high for drunk driving in prom, grad season," Jessica Bliss, April 4, 2013
For a woman at the center of an international story, a drunk driving investigation was particularly terrifying. Reports indicate that she was from South Africa where she had experienced violence. Those experiences shaped her disposition and fear of law enforcement, so much so that she was literally scared to death by having to take a breath test multiple times.
]]> In June 2012 in New Zealand, the woman was pulled over and investigated for drunk driving. Now, tests have proven that she was not driving under the influence, but those facts come too late in order to save the victim. A coroner's evaluation of the woman's body showed that she died of heart problems brought on by an extreme level of fear and stress at the scene of where the breath tests were being administered.This sort of incident might not be very common, but it still poses the opportunity to question the ethical administration of breath tests. History has shown that the tests often produce false results. But what about the health impact that tests might have on certain either emotionally sensitive or ill suspects? Is getting a BAC reading always appropriate given a vulnerable suspect?
Every criminal suspect is a person, not just a number. Their well-being should always be respected.
Source: New Zealand Doctor, "Anxious, sober lady drops dead in booze bus," Lucy Ratcliffe, April 8, 2013
]]>The answer is not much different than it has been in the past. If a teenager's friends are engaging in certain behaviors such as drinking and using drugs, that teen is more likely to engage in such habits herself. What makes the study notable is social media's role in peer pressure.
]]> According to research, about 66 percent of teens in drug or alcohol treatment programs indicated that they were tempted to use after following their friends on social media sites. Pictures of and comments about parties and the so-called "fun" that they are having make the teens and young adults yearn for the same kind of fun.It is no surprise that social media sites like Facebook and Twitter are hugely popular, and not just among teens and young adults. Studying their use of the sites is particularly valuable because researchers refer to social media as "peer pressure gone viral." Understanding the peer pressure of the modern day can help identify why kids might get in trouble, legal trouble included.
No matter what sort of peer pressure that a person might be subjected to, she is on her own from a legal standpoint if her behavior results in a drunk driving charge. Our New York DUI defense firm stands by those in that stressful situation and works to mitigate the severity of the case.
Source: Herald Online, "Peer Pressure Gone Viral, A Real Threat To Teens, Cites The New York Center For Living," New York Center for Living, April 2, 2013
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