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Newburgh, New York DWI defense Blog

Death Toll, Not Barriers, Rising on Bronx Highway

  • 18
  • May
    2012

Safety is supposed to come first, whether in the workplace or driving to it. Many initiatives and laws exist to encourage drivers to slow down and be safer on roads, but New York State has been slow to curtail the potential for serious car accidents by leaving substandard guardrails in place along a stretch of highway that has contributed to two fatal crashes in the past half-dozen years.

The latest motor vehicle accident killed seven family members. Authorities say the fatal crash occurred after the family's SUV collided with the center barrier, careened across three traffic lanes and flew over a short guardrail. The vehicle then plunged down about 60 feet from a highway before crashing into a private area of the Bronx Zoo.

Two New Yorkers Accused of Subverting Interlock Law

  • 30
  • April
    2012

New York state police recently charged two men with switching cars in an attempt to circumvent a court order in a drunk driving case. The order in question required one of the men, who had previously been convicted of DWI, to have an ignition interlock device on the car.

The men were caught after they went to an ignition interlock office for a in response to a court order requiring a calibration of the interlock device. After the office workers found no device in the car, they alerted the police, who arrested the convicted DWI offender, once his breath tested positive for alcohol on a screening device.

New York Drowsy and Fatigued Driving Can Cause Fatal Accidents

  • 02
  • April
    2012

With National Highway Traffic Safety Administration data showing that drowsy driving and fatigued driving are at the root of 100,000 reported crashes across the U.S., a New York traffic official recently highlighted what is at stake for local drivers.

New York State Department of Motor Vehicles Commissioner Barbara J. Fiala says that fatigue and drowsiness contribute to thousands of New York car accidents every year. She warns drivers to be aware of their fatigue levels and not to drive if they are vulnerable to the distracted driving that fatigue can cause.

The War on Drugs Hits Our Roadways

  • 02
  • March
    2012

The recent tragic death of a 4-year-old and 5-year-old child in the New York area has prompted a more critical look at the problem of "drugged" driving. Investigators are suspicious that prescription drugs may have been a factor in both crashes.

Drugged driving is not as commonly discussed as DWI. But studies have shown that 10.5 million Americans admit to driving while under the influence of prescription or illegal drugs. Also of the 12,055 reported deaths from fatal automobile crashes it has been found that one third of the individuals who lost their lives had prescription or illegal drugs in their system.

People Convicted of DWI May Need to Provide the State a DNA Sample

  • 31
  • January
    2012

In 1996, the state of New York began collecting DNA samples from people convicted of murder or sex crimes. Since then, the database has been expanded to allow state authorities to collect DNA samples from people convicted of all felonies and many misdemeanor crimes contained in the state's penal code. Currently, the database includes DNA samples from over 386,000 people and approximately 38,000 crime scenes, according to The Associated Press (AP).

Fighting Driver Fatigue by Changing the Rules

  • 22
  • December
    2011

With the Department of Transportation set to announce new hours of service (HOS) rules near the end of December 2011, the debate about whether the new rules are needed or not continues.

The new rules would restrict the number of hours that commercial drivers could drive per day and require a rest period. Proponents of the changes believe that the new rules are needed to help make America's roadways safer by fighting driver fatigue.

Social Media: The Potential Enemy of a Civil Divorce

  • 01
  • December
    2011

When you are going through a contested divorce, everything that you do or say is closely examined. The other side will be watching your every move to try to get information to use against you. If there is a child custody dispute, the opposition may try to show the court that you are an unfit parent because of the way you spend your time.

Drop in New York DWI Arrests

  • 27
  • October
    2011

Authorities have reported a drop in the number of DWI arrests across New York in the past five years. Police have suggested various explanations for the decline in DWI arrests, but drivers should not assume that police have stopped looking for those driving drunk or that prosecutors will not charge people who were arrested for suspicion of DWI.

Recent Tragedies Remind All Bicyclists to Ride Safely

  • 20
  • October
    2011

A Friday evening in early September 2011 saw New York City reach a sad milestone for the year, the number of fatal bicycle accidents reached double digits. There is good news in the midst of this tragedy; however, the number of fatal bicycle accidents has been decreasing in recent years, even though the number of cyclists on the road has increased.

According to Transportation Alternatives, there were 26 fatal bicycle-accidents in New York City in 2008. And, despite an increased number of riders on the roads, this number fell to 18 in 2010.

Supporting a Child in the Empire State

  • 19
  • September
    2011

Results of a 2009 census revealed that more than 13.7 million custodial parents share custody of their children in the United States. Of these parents, over half (54 percent) were found to have some form of child support agreement in place. In accordance with the child support enforcement ("CSE") program, every state is required to:

  • Define and uphold child support enforcement laws;
  • Offer procedures for parents to obtain child support and establish paternity;
  • Assist in child support collection, when necessary, and
  • Enforce penalties for unpaid child support.

The primary factors in determining child support payment amounts is based on each parent's annual income and the number of children involved in the child support action. In New York, when the parents' annual incomes each exceed $130,000, the family court judge must decide whether to use the standard guidelines when determining monthly child support amounts. Often times, in these cases, the court will look toward the child's needs instead of the predetermined percentages.

In addition to the monthly adjusted gross income and the number of children, the court will consider other factors including shared child care, medical expenses, and education expenses. Education expenses can be especially important if the child is close to college-aged. If parents are considering placing the child in private school, they will need to discuss this issue as part of the divorce process to determine how the tuition will be paid.

However, finances are merely one aspect of supporting a child. A family court judge may also consider shared custody plans and visitation when determining a monthly child support amount.

Latest News
  • DWI Charge Dismissed
    The District Attorney's office dismissed a DWI charge against our client. Larkin, Axelrod, Ingrassia & Tetenbaum attorneys had previously successfully moved for suppression of all evidence obtained as a result of our client's arrest. The Trial Court's suppression order was upheld on appeal and as a result...
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  • Not Guilty Verdict on Felony DWI
    John Ingrassia obtained a not guilty verdict of all charges contained in an indictment after a trial in Orange County Court. Mr. Ingrassia's client was found not guilty of a Felony charge of Driving While Intoxicated and not guilty of the charge of Endangering the Welfare of a Child.
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  • DWAI Felony Charge Dismissed
    John Ingrassia obtained the dismissal of a Felony charge of Driving While Ability Impaired by Drugs and Endangering the Welfare of a Child.
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  • Evidence Suppressed in DWI Arrest
    John Ingrassia and Kathleen Wells recently teamed up to persuade a Justice in a Local Criminal Court to suppress all evidence derived as a result of a DWI arrest. Mr Ingrassia's cross examination of NY State Troopers at a pre trial suppression hearing established that the Troopers did not have reasonable cause...
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  • LAIT Participates in “Adopt-A-Star” Program to Provide Christmas Gifts for Children
    2011 was the fourth consecutive year that LAIT once again participated in the Ulster County DSS and Ulster County Bar Association "Adopt-A-Star" program. The program provides Christmas gifts for children who are in foster care in Ulster County...
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  • LAIT client received judgment for over $6.5 million after U.S. Supreme Court Rejects Defendants' Appeal
    Ending a six-year legal battle, the United States Supreme Court declined to hear an appeal by barge company Reinauer Transportation Companies, LLC of Staten Island from a judgment of...
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  • July 2011 – Client's conviction for DWAI successfully overturned
    John Ingrassia and Kathleen Wells teamed up to successfully overturn a client's conviction for DWAI. The NY State Supreme Court Appellate Term for the 9th and 10th Judicial Districts held that our attorneys were correct...
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  • 2011 - DWI Checkpoint Evidence Suppressed
    April 2011 - John Ingrassia and Kathleen Wells were successful in obtaining the suppression of all evidence derived as a result of the stopping and arrest of a client charged with DWI.
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  • 2011 - DWAI Dismissed
    April 2011 - John Ingrassia and Kathleen Wells successfully filed a motion to vacate a defendant's prior conviction for Driving While Ability Impaired by Alcohol claiming that he did not receive effective assistance of counsel in that case.
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  • 2011 - Driving Without Insurance Overturned
    April 2011 - John Ingrassia obtained a not guilty verdict after trial for a charge of driving without insurance. His client was operating an uninsured motor vehicle when he was stopped by New York State Police.
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  • 2011 - Not Guilty Verdict on 3RD Degree Assault & Harassment Charges
    March 2011 - After trial, John Ingrassia obtained a not guilty verdict for a man accused of assault third degree and harassment.
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  • 2011 - Breath Test Results Successfully Suppressed
    February 2011 - John Ingrassia and Kathleen Wells successfully argued that our client was denied the right to consult with an attorney in order to determine whether to submit to a breath test to determine blood alcohol content.
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  • 2011 - DWI Charges Dismissed
    January 2011 - John Ingrassia successfully argued that his client who was charged with DWI was unlawfully stopped by police where the only violation the arresting officer observed was driving over the white fog line on Interstate 84.
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  • 2011 - Supreme Court Decision Overturned
    March, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP successfully overturned a Supreme Court Decision and Order which denied a motion to dismiss a divorce action based on lack of adequate grounds for divorce.
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  • 2011 - Appeal Won In Appellate Division, Second Department
    January, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP won an appeal in the Appellate Division, Second Department and was able to have a Qualified Domestic Relations Order vacated where the Order granted a...
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  • 2010 - Couple Compensated for Faulty Swimming Pool Installation.
    Paul Teutul Sr. can not make Paul Teutul Jr. to sell his 20 percent interest in Orange County Choppers Holding Inc., as determined by an appeals court ruling.
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  • 2010 - Paul Teutel Jr. Wins Appeal Against Orange County Choppers Holding Inc.
    John Ingrassia and Raymond Raiche were successful in bringing a small claims petition on behalf of a husband and wife homeowner against a swimming pool company from whom they purchased an above ground pool...
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  • 2010 - Hiring A Lawyer For Loan Modification Assistance
    Homeowner’s behind in their mortgage can sometimes benefit from hiring a lawyer to try to modify their loan and advert foreclosure.
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  • 2010 - Marijuana Charges Dismissed
    August 2010 - John Ingrassia was able to work out a very favorable plea bargain with the prosecutor's office and the local justice court in Orange County. After our client was stopped for speeding by police, the officer detected odor of marijuana and the driver admitted to having recently consumed marijuana.
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  • 2010 - Felony Grand Larceny and Conspiracy charges yield Probation and Community Service
    On August 24, 2010 Bryan Dunn was sentenced to 300 hours of community service and 5 years of probation for his part in a million-dollar Walmart theft ring.
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  • 2010 - Kathleen Wells and John Ingrassia Present a DWI CLE Program
    On July 29, 2010, Kathleen Wells and John Ingrassia presented a teleconference Continuing Legal Education (CLE) program for attorneys entitled "New York DWI Update - What You Need to Know"
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  • 2010 - John Ingrassia Authors Chapter of Book "Inside the Minds - Trial Techniques for Criminal Cases"
    John Ingrassia authored a chapter entitled "The Defense Attorney as Investigator: Uncovering Evidence to Defend Your Client's Case" in the book "Inside the Minds - Trial Techniques For Criminal Cases" by Aspatore Publishing.
  • 2010 - Aggravated DWI and DWI Charges Dismissed
    In a July 2010 trial, John Ingrassia obtained dismissals on charges of Aggravated DWI and DWI in return for a guilty plea of Reckless Driving.
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  • 2010 - DWAI Case Dismissed in the Town of Montgomery
    John Ingrassia was successful in a July 2010 trial and DWAI charges against our client were dropped in the Town of Montgomery.
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  • 2010 - Two DWI Charges Dismissed Due to Speedy Trial Rights Violations
    On July 20, 2010, John Ingrassia obtained dismissals on two separate DWI cases in a local Justice Court. The dismissals were based on Mr. Ingrassia successfully arguing that the delay in bringing his clients to trial violated their Speedy Trial Rights under the New York State Criminal Procedure Law and US Constitution.
  • 2010 - Plea Bargain Accepted Before Murder Trial Starts
    2010 - GOSHEN - James J. Babcock pleaded guilty Friday in Orange County Court to the killing of Elaine Ackerman because he didn't want to risk the possibility of 26 ? years to life in prison for murder.
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  • 2009 - LAIT Provides Christmas Gifts for Children
    LAIT once again participated in the Ulster County DSS and Ulster County Bar Association "Adopt-A-Star" program to provide Christmas gifts for children who are in foster care in Ulster County.
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  • 2009 - LAIT Receives Partner in Justice Award for Probono Service
    On October 28, 2009 the firm of Larkin Axelrod Ingrassia and Tetenbaum, LLP was awarded the Partner in Justice Award from the Board of Directors of Legal Services of the Hudson Valley/ProBono NY Orange County Committee.
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  • 2009 - Middletown Ny Bar Association Elects Two Lait Attorneys as Officers
    On December 9, 2009 at the Middletown Bar Association Annual Dinner, Larkin Axelrod Ingrassia & Tetenbaum, LLP had two associates elected to the Executive Board of the Middletown Bar Association (Orange County NY).
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  • 2009 - Not Guilty Verdict on Forcible Rape and Unlawful Imprisonment Charges
    After a week-long jury trial, Craig Stephen Brown and Kathleen Wells obtained a not guilty verdict by an Orange County jury on a case where the client was accused of forcible rape, forcible sexual abuse, and unlawful imprisonment of an acquaintance.
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  • 2009 - Items Suppressed After Declared Illegally Seized in Execution of Search Warrant
    An Orange County Court Judge issued a Decision and Order suppressing credit cards illegally seized during the execution of a search warrant.
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  • 2009 - John Ingrassia Named By Super Lawyers For Criminal Defense: Dui/Dwi
    John Ingrassia has been selected by Super Lawyers as one of the top attorneys in the field of Criminal Defense and DUI/DWI Defense In Upstate New York for 2009.
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  • 2009 - Not Guilty Verdict On Menacing Charges With A Gun
    After a three day jury trial, John Ingrassia recently obtained a not guilty verdict by a Town of Wallkill jury on a case where his client was accused of menacing another individual with a loaded handgun during an alleged incident last year.
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  • 2009 - Jury Awards $804K to Woman in Falldown on Ice Case
    2009 - Our client slipped on ice on a poorly shoveled sidewalk and fractured her ankle. As a result of her diabetic condition she eventually had her leg amputated.
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  • Motorcyclist Awarded Full Policy Limits
    2009 - A motorcyclist was struck by a car that failed to yield the right of way, causing an injury to his leg. The car carried $100,000 insurance limits.
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  • 2009 - Leave to the Court of Appeals Granted
    Kathleen Wells requested leave in a felony sexual abuse case to appeal to the highest court in New York State: the Court of Appeals.
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  • 2009 - Vacating of a client's jail sentence for speeding
    Kathleen Wells appealed a two weekend jail sentence imposed upon an 18 year old for speeding 102 miles per hour in a 65 mile per hour zone.
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  • 2009 - Acquittal in Town of Wawayanda DWI case
    Daniel Jackson won an acquittal for a client charged with Driving While Intoxicated (DWI) and Possession of an Open Container of Alcohol in a Motor Vehicle in the Town of Wawayanda Justice Court.
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  • 2009 - Reversal of a client's Integrated Domestic Violence Court conviction of Harassment in the 2nd Degree
    This case involved a trial in which a wife accused her husband of Harassment in the Second Degree. At trial, the husband sought to introduce evidence that his wife had previously threatened to "get" him.
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  • 2009 - Acquittal in Town of Cornwall Criminal Mischief case
    Daniel Jackson won an acquittal for a client initially charged with Criminal Mischief in the Third Degree in the Town of Cornwall Justice Court.
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  • 2009 - Two acquittals in Town of New Windsor DWI cases
    John Ingrassia won separate acquittals within weeks of each other in the Town of New Windsor Justice Court for clients charged with multiple counts of Driving While Intoxicated (DWI).
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  • 2009 - Acquittal in Town of New Windsor DWAI case
    Daniel Jackson won an acquittal for a client charged with Driving While Ability Impaired (DWAI), Speeding and Failure to Keep Right in the Town of New Windsor Justice Court.
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  • 2009 - Successful overturn of Family Court Decision
    Azra Khan recently won an appeal in the Appellate Division, Second Department where we successfully overturned a Family Court Decision which granted a downward modification of a non-custodial parent's child support obligation.
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Offices in Newburgh and Middletown Conveniently located 3 minutes from the Newburgh Beacon Bridge on Interstate I-84 Se habla español