Newburgh, New York DUI/DWI Blog

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.

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.

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.

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.

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.

When a driver is suspected of being under the influence of alcohol or drugs, police will often administer field sobriety tests when they execute a traffic stop. After the tests, or if the driver refuses the request, the officer will need to make a decision whether to make an arrest. If police decide to make an arrest, the driver will then be asked to submit to a chemical test for blood alcohol content determination.

The seriousness of a DWI charge in New York is all too familiar to anyone that has been through the system. Each year it seems that the legislature puts new rules in place that increase the penalties for those who are convicted. Drivers under the age of 21 also need to know about some of the challenges that they may be facing, as there are many issues that could have possible negative consequences for those under 21.

For many years, alimony - also called spousal support or spousal maintenance -was thought to be only awarded to women. This is not surprising, given the gender roles of the time that allowed women to stay at home with their children, while their husbands went to work to provide for the family. In an event of a divorce, these women - who had been out of the job market for years - needed help getting back on their feet.