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.
]]> Officers discovered that the two men had switched vehicles because the DWI offender had consumed alcohol earlier in the day and could not drive his vehicle due to the ignition interlock device.An ignition interlock device functions like a mini-Breathalyzer connected to the car's ignition system. Drivers must blow into the device and prove they are sober before the car will start. In addition, drivers must submit to "rolling retests" during the course of the journey, in order to deter drunk drivers from having a sober passenger blow into the device at the start of the trip. Some devices are equipped with cameras that photograph the driver.
If a driver fails a retest, the horn will beep and the device emits an increasingly loud noise. The devices are also designed to resist tampering and to record any attempts to "hot-wire" the system.
New York is one of several states which require that ignition interlock devices be installed after the first offense of felony or misdemeanor drunk driving. The devices need to be installed during the period that the license is revoked or for a minimum of six months.
Source: "2 accused of switching cars to subvert interlock device," BuffaloNews.com, 4/4/12
]]>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.
]]> Drowsy Driving: A Serious Threat to Safety on the RoadDrowsy and fatigued driving cause 71,000 injuries and 1,500 deaths in the U.S. every year. They are also responsible for $1.25 billion in losses. People who are injured by negligent drivers may experience both financial losses and serious medical problems.
Drivers who are at a particularly high risk for drowsy driving include those who drive for a living, such as commercial truck drivers. Parents with young children, younger drivers, people who do shift work and those with untreated sleep disorders are also at risk.
It is important for all drivers to be aware of the signs of drowsiness in order to prevent serious New York auto accidents. Yawning and having a hard time keeping one's eyes open are signs of drowsiness, as are drifting into another lane and wandering thoughts. Forgetting the last few miles of driving can be a sign, too.
Although some drivers believe that a shot of caffeine, a blast of cold air or a dose of loud music will cure drowsiness, the only sure fix is sleep. New York drivers should take care to be vigilant and pull over when they start to feel fatigued.
]]>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.
]]> Statistics show that drugged driving arrests increased 35 percent in 2001, but many fear that this is just the tip of the iceberg. In 2007, the National Traffic and Safety Board reported that during random traffic stops 16 percent of weekend and night drivers tested positive for drug impaired driving. Of this 16 percent 11 percent tested positive for illegal drug use.Although, the repercussions of driving under the influence are just as dangerous, these drivers do not exhibit the same signs of impairment as an individual who is intoxicated. Officers do not presently have hand-held testing devices for drug intoxication that are approved by state or federal regulatory agencies. Similarly, officers lack training in the accurate recognition of individuals who are allegedly operating a vehicle under the influence of mood altering substances or chemicals. Many feel that educational programs are also needed for officers to be able to detect and analyze drivers who may be driving while impaired by drugs.
Senators from New York and Arkansas have proposed a bill to provide funding for research to develop a field test that will indicate whether or not a driver is under the influence of drugs. The senators are hoping that someone will develop a device similar to the breathalyzer, to be used in DWI traffic stops to detect when a driver is driving under the influence of other substances like illegal drugs and other prescription medications.
]]>The database has been expanded to include an increasing number of felonies and misdemeanors three times since 1996, and now Governor Andrew Cuomo is supporting a fourth expansion of the database. If the legislation passes, the database would be expanded to allow for the sampling and collection of DNA from people convicted of all penal code misdemeanors - as the AP reports, this would include misdemeanor driving while intoxicated (DWI) convictions - and many non-penal code felonies.
Talking about the expansion of the DNA-sample database, the AP quoted Gov. Cuomo as stating: "We are missing an important opportunity to prevent needless suffering of crime victims. We are also failing to use the most powerful tool we have to exonerate the innocent."
While the governor is highlighting the database's ability to help those wrongfully accused and convicted of crimes, the New York Civil Liberties Union still has questions about oversight, testing and contamination of samples, and fraud and abuse of the system.
The proposed expansion of the state's DNA database is just another signal that those accused of DWI need to do everything they can to protect their legal rights.
Source: http://www.the-leader.com/newsnow/x449151187/New-push-to-expand-DNA-samples-from-NY-offenders
]]>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.
]]> The American Trucking Association (ATA) does not believe that changes to the current HOS rules are necessary. Pointing to the most current available government crash data, ATA argued in a letter that the current HOS rules have helped lead to a decline in the number of truck accidents and truck-accident-related fatalities in recent years.Safety advocates, however, as the Trucker notes, claim that ATA is "ignor[ing] historical trends," and, according to more recent estimates, truck-related fatalities again are on the rise. According to Anne Ferro of the Federal Motor Carrier Safety Administration (FMCSA), initial 2010 data show truck accident related fatalities rose by nearly 600 from 2009 to approximately 4,000 deaths.
The proposed rules will limit the number of hours that drivers can be behind the wheel consecutively, requiring that drivers take at least a 30 minute rest period after 7 consecutive hours of driving. Though, the Department of Transportation is still considering whether to keep the number of total hours drivers can drive during the driving window at 11 hours or lowering it to 10 hours.
One of the big changes in the proposed rules concerns the time off drivers must take in order to restart their weekly limits on driving hours. The proposed rules would require two overnight periods (defined as midnight to 6 a.m.) to be taken by drivers before their weekly hours would be reset.
]]>Facebook has made it easy to share all of the details of our everyday lives with whomever we choose. Unfortunately, this has made it all too easy for it to be used against us, and this is especially true in divorces. All too often there are news stories of spouses who learned of affairs because of postings or photos on social media websites, or of parents who lost custody of their children because they are deemed to have alcohol or drug problems because of information obtained online.
If you are going through a divorce, do not post or make status updates about the process. Anything you write can be used against you. If you had "friended" your spouse, remove him or her from your list of friends. If they know your password, change it immediately.
Use extreme caution when posting on social media websites. You may even wish to stop visiting Facebook during the divorce proceeding, as you and your ex-spouse may have friends in common who might not have your best interests in mind. Conversations can be taken out of context and you may be unable to demonstrate the actual meaning of your words to the court.
]]>New York's Division of Criminal Justice Services (DCJS) statistics show that DWI arrests declined across New York by 5.5 percent from 2006-2010. Individual parts of the state mirror the state-wide trend: DWI arrests dropped by eight percent in Queens, six percent in Brooklyn, 8.5 percent in Nassau County and 17 percent in Suffolk County, according to DCJS records.
Perhaps the most stunning decline in DWI occurred in Staten Island. DCJS statistics show that DWI arrests in Staten Island dropped by 37 percent between 2006-2010. In 2006, Staten Island police arrested 667 drivers on suspicion of DWI, and in 2010 the number of arrests fell to 421.
Police offer various reasons for the decline in DWI arrests. Some cite budget cuts that have caused lay-offs of more than 5,000 New York Police Department (NYPD) officers since 2002. Others point to the prevalence of the anti-drunk-driving messages put out by groups such as Mothers Against Drunk Driving (MADD) causing more people not to drink and drive.
Police and prosecutors still make DWI arrests and prosecutions a top priority, despite the fewer number of arrests. Fourteen of the 15 felony DWI convictions in 2009 and 2010 resulted in jail time for the defendant. Most of the other arrests during 2006-2010 resulted in convictions for misdemeanor DWI, according to DCJS records.
With fewer people arrested for DWI, authorities can devote more energy to prosecuting those they do charge with DWI to the fullest extent possible.
]]>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.
]]> Because of the risks posed to bicyclists, riders should take proactive steps to help ensure their safety.First, bicycles are considered "vehicles" by New York state law. Therefore, all bicyclists in the state need to obey the same rules of the road as cars and trucks. As such, the City of New York reminds bicyclists that they must:
Also, the City of New York offers the following safety tips, which are applicable to all bicyclists, everywhere:
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.
]]>If a driver refuses to take the chemical test, his or her license is immediately suspended and revoked. This suspension will still be in effect even if the driver is not convicted of driving while intoxicated. The arresting officer will then complete a report indicating the reasons for suspecting the driver of being intoxicated, and also explaining that the driver refused to take a chemical test.
It is possible for the driver's license to be suspended for one year. If the driver has refused to submit to chemical tests in the past or has prior DWI convictions, the time of revocation could increase to 18 months. In addition to the license revocation, if drivers are convicted of DWI they may also be facing criminal penalties.
Drivers who find themselves in these situations should seek the advice of an experienced criminal defense attorney as soon as possible. Each case will be different and will require a careful review of the facts to determine how to best protect your rights.
]]>There are different penalties in place depending upon the driver's eventual blood-alcohol content (BAC). A driver under age 21 with a BAC between .02 and .06 percent could be facing a potential six-month license suspension along with a $125 fine. If the driver's BAC is .07 percent or above, it is possible that his or her license could be revoked for one year. In addition, the underage driver with a .07 or higher will also be facing similar punishments for those 21 or older.
For repeat offenders, the consequences are even more severe. Drivers may have their licenses revoked for one year, or until they turn 21, whichever is longer. They will also be subject to any punishments facing first-time offenders, again depending upon their BAC.
Youthful offenders that are being accused of drinking and driving need to carefully consider the options available to them. Refusing a chemical test may subject a driver to penalties that are not applicable in his or her situation.
]]>As a result, the alimony tides have turned, and women are paying spousal support to their exes - rather than the other way around.
Though the laws vary from state to state, alimony is awarded on a gender-neutral, case-by-case basis. In order to determine who receives the support, judges take into account how long a couple was married; the current income, age and education of both parties; the health status of both spouses; and which partner has a better earning potential.
This process can become extremely complicated. Parties will need to carefully examine the income and asset statements presented by their soon-to-be ex-spouse to ensure that nothing is being concealed. The courts will then examine the information presented by each couple to decide if spousal support is necessary.
]]>A prenuptial agreement is a written contract between two people prior to marriage. For those who own a lot of assets prior to marriage-whether it's property, stocks, cash, etc.-a prenuptial agreement can be invaluable.
]]> Battles in court over assets can take years and cost a fortune in legal fees and court costs, especially in more contentious divorces. A properly drawn prenuptial agreement can prevent divorce cases from getting out of hand.Without a prenuptial agreement in place, one or both former spouses could end up losing personal assets to the other, such as family heirlooms. Individuals could also be forced to sell assets, such as the home they live in, and split the money. Or worse, as in the case of Simon and Chana Taub, a judge can order the couple to stay in the home together until all of the property issues are resolved.
In the drama of the Taub's New York divorce, after Mr. Taub was kicked out the house by his wife, a judge granted permission for him to move back in with her as long as he built a wall dividing the three-story row house so they would not see each other. By the time all of the issues in the divorce were resolved, the former Mrs. Taub had spent $1 million in legal fees, and the couple had to sell their home and two other properties.
The cost of obtaining a valid prenuptial agreement is much less than the cost of fighting in court over property and other assets. It should be viewed as insurance, something the parties hope they will never have to use, but will ultimately save them money if they do end up needing it. Divorce is difficult enough for everyone involved, and a prenuptial agreement can make it a smoother and less painful process.
]]>A recent study at the University of Utah found that distracted drivers exhibit similar behaviors as drivers with a .08 percent blood alcohol concentration, including a delay in reaction time and the inability to maintain a stable distance from the car in front of them. Another study at the same university found that texting while driving is more dangerous than having a phone conversation while driving.
]]> Due to the severity of the problem, New York has passed some of the toughest distracted driving laws in the country. It joins just seven other states in banning all handheld phone use (California, Connecticut, Delaware, Maryland, New Jersey, Oregon and Washington are the others); in New York using a handheld cell phone is a primary offense, meaning a law enforcement officer can pull someone over just for using the phone. Texting while driving is a secondary offense in New York, meaning that an officer can only cite a driver for texting while driving if the driver commits another traffic offense.But how effective are all these tough laws? A recent study by the Highway Loss Data Institute found that in four of the states with the toughest bans-California, Connecticut, New York and Washington-there was no decrease in crashes caused by distracted driving, even though the bans have decreased phone use.
Clearly there is a disconnect between state laws and crash rates. More study of how to best prevent distracted driving is imperative to creating laws that effectively protect attentive drivers from distracted drivers.
]]>Recently, some lawmakers and law enforcement agencies have expressed concern regarding several apps on the market. These apps alert smartphone users to the locations of police sobriety checkpoints. Officials believe that this gives those driving while intoxicated an opportunity to discover where DWI roadblocks are located, and simply take a different route to their eventual destination.
]]> Senators Harry Reid, Charles Schumer, Frank Lautenberg and Tom Udall all have contacted smartphone manufacturers requesting that these companies not allow software applications that disclose the location of sobriety checkpoints. The legislators believe that the apps are a danger to public safety in that they allow drunk drivers to avoid detection by law enforcement officials.The apps have proved quite popular, with one having over 10 million users. There are several different options available, including several that can be downloaded and used for free. The apps send continually updated information regarding locations of roadblocks sent in by those who encounter checkpoints, which allows those using the app to stay up-to-date on what is happening at any given time. Additional features allow users to learn of other roadways with a heavy police presence.
Law enforcement is hoping that the attention given to the issue by the legislators will help make the apps disappear. Blackberry has bowed to pressures and removed the apps from its stores, but they are still available through other app providers.
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