If you have been charged with and arrested for a New York DWI in Westchester, Rockland, Dutchess, Putnam, Orange or Ulster counties, your first interaction with the courts will be at your arraignment. An arraignment is not a trial in which evidence is produced and witnesses are called, but it is the first and very important step in due process
In most cases, a first DWI conviction is a misdemeanor. In New York, a misdemeanor is defined as an “offense…for which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10). A misdemeanor is a crime.” As such, any DWI carries stringent penalties, including fines and loss of driving privileges.
There have been several key pieces of legislation to New York’s Driving While Intoxicated (DWI). One of the more recent is the enactment in 2006 of a law regarding Aggravated DWI. While a blood alcohol content (BAC) of .08 will get you a DWI charge, if you are a repeat offender or register a BAC at or above .18, you will be facing the more serious charge of Aggravated DWI.
Hit-and-run accidents can happen to anyone, at any time. Recently, there has been a rash of these tragic accidents in our area: on May 22, 2019, a bicyclist was struck on Yonkers Avenue and suffered a serious head injury. Also, in 2019, a 23-year-old man was killed when he was the victim of a hit-and-run on Bruce Avenue in Yonkers and a pair were apprehended in Nyack after fleeing the scene of an accident on Route 59. In July of 2018, an 18-year-old was struck and critically injured, later dying, on the Saw Mill River Parkway.
In 1910, New York became one of the first states in the U.S. to pass a DWI law. At that time, the general consensus was that a driver was considered drunk with a blood alcohol level (BAC) of .15 percent. Even then, prosecution was difficult as there was little in the way of scientific evidence. Today, a BAC of .08 percent or above is considered a DWI in most cases. There are exceptions, however, when a BAC of as little as .02 percent becomes a drunk driving offense. As of 1996, New York has a zero tolerance law.
There are nearly 240,000 miles of roads throughout New York. Moreover, there’s about one crash every two minutes throughout the state. For those of us who drive the highways and streets in and around Yonkers, the Bronx and Westchester, Dutchess, Putnam, Orange and Ulster Counties, among the busiest and most congested in the US, this statistic comes as no surprise
When severe injuries occur because of a car accident, the price of treatment can be extremely costly. Emergency medical treatment, hospitalizations, surgeries, and sometimes extensive follow up care all come at a steep price.
People who consider filing a personal injury claim after an accident often wonder “How much is my claim worth?” Unfortunately, it’s not possible to predict the exact amount your claim will be worth, or even whether your claim will be successful.
Personal injury lawsuits are filed against persons or entities who have exhibited negligence and as a result a person was injured, killed or suffered damages to their property. In personal injury claims, compensation is often awarded to pay for damages such as medical bills, missed time from work, and physical rehabilitation.