What to Do When You Get a DUI

In my experience, the typical DUI client is an average person who made a mistake and now is facing enormous consequences which will affect their ability to get jobs, pay their bills, and even keep their freedom. Defending a DUI client, especially in New York and New Jersey, involves a very particular type of law since in these cases the prosecutors usually already have substantial physical evidence such as blood and urine results. For most clients, the majority of our defense will come down to pinpointing discrepancies and/or outright mistakes law enforcement made during your arrest. This involves meticulous review of your case - every detail counts in a DUI case.

Many peoples' first instinct is to consult their family or local attorney when they get a DUI. These attorneys do not often deal with DUI cases and all too often will look at the surface of the case and then advise their client to take a plea. Unfortunately, many clients do not realize that taking a plea in a DUI case has long term and serious consequences. When you plea to a DUI, you are admitting guilt and you will now have a (possibly felony) criminal record for the rest of your life. This means you will now be required to check "yes" when asked if you have ever been convicted of a crime on both job and college applications, may get your driving privileges suspended or even revoked, and your car insurance will undoubtedly be higher.

The best thing you can do if you are arrested for a DUI is hire a Criminal Defense lawyer. The more experienced your attorney is in DUI cases, the better off you will be. When looking for an attorney, remember that a DUI case is one where close and meticulous attention to detail is needed, so this is an attribute you should be looking for in your attorney. Another important thing to remember is that a skilled attorney often can make a real difference in the outcome of your case, so don't panic! Remember, in a DUI case, the surface facts of the case like your breathalyzer results are just the beginning. A good attorney will be able to build a solid defense from these facts.

If you or a loved one has been arrested on a DUI, feel free to contact my office at (718) 317 - 5007.

- Kevin McKernan

Updates to Leandra's Law Makes Driving Intoxicated with a Conditional License a Felony

Today I wanted to let you know about a new and very important change in New York State Law amending the law currently known as "Leandra's Law" or the Child Passenger Protection Act.

As you should be aware, Leandra's Law imposed strict penalties on the operation of a vehicle with children in the car while intoxicated. It mandated that an ignition interlock device, or IID, be installed in the vehicle of anyone convicted of driving while intoxicated. Furthermore, if a person is convicted under the law, they will be reported to The Statewide Central Registry of Child Abuse and Mistreatment.

Recently, Governor Cuomo signed legislation to make Leandra's Law even tougher. The new law makes it a class "E" felony to drive intoxicated on a conditional license rather than just a traffic infraction, which is not a crime. Driving while intoxicated with a revoked license will remain a felony.

The law also limits the circumstances when Court can waive the installation of the IID. Now the installation can only be waived when the person swears under oath they are not the owner of any motor vehicle and will not drive during the period of the interlock restriction. If the person lies under oath, it is considered perjury, which is a felony.

Obviously, every driver should drive safely and responsibly, but contact an experienced DUI attorney in the event that you are charged with a DWI or any traffic offense.

Kevin P. McKernan is a member of the National College of DWI Attorneys. 

Common DWI/DUI Defenses

I recently received a NHTSA packet titled “Challenges and Defenses II: Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases”. I thought it would be useful to share this information to those who are or have a loved one who is facing driving while impaired charges.

VTL 516: How Your Driving Violations Will Affect You

It is important for all drivers to be aware of the vehicle and traffic laws in their state. If you live in New York or New Jersey, you should be informed about VTL 516, which is commonly known as the "Driver License Compact".

VTL 516 states that because "the safety of streets and highway is materially affected by a driver's degree of compliance with state driving ordinances and that violation of those laws by a driver is evidence that the driver regularly engages in unsafe behavior while operating a motor vehicle", states in agreement with the VTL 516 Compact will report driving convictions that occur in other states to the driving authority of the person's home state. For example, if a New York driver is convicted of a DUI in New Jersey, it will affect his license at home in New York just as if it had occurred in New York.

Other convictions that are mandatory to report in VTL 516 States include manslaughter or negligent homicide, DWI, any felony in the commission of which a motor vehicle is used, and failure to stop and render aid in the event of a motor vehicle accident which results in the death of personal injury of another.

Appealing Tickets: Why You Should Hire an Attorney

Speeding tickets are a common occurrence among drivers, but they can also cause major trouble. In New York, each speeding ticket puts points on your driving record. If you rack up 11 points in an 18 month period, your license will be in danger of suspension for 31 days. Unfortunately, points can accumulate quickly for even the most conscientious drivers.

Texting Someone You Know is Driving in New Jersey Can Now be a Crime!

Every day, millions of Americans fire off text messages to friends, family and business associates.

Now, as a result of a recent decision by the New Jersey Superior Court, Appellate Division, some of those texts could be used as evidence to charge them with Reckless Driving as an Accomplice. In Kubert v. Best, the Court ruled that a sender of a text message can be held liable if they knew that the recipient was driving during the time they sent the text and he or she gets into an accident.

New Jersey Law Part 2: New Regulations!

On Thursday, June 27, 2013, New Jersey Governor Chris Christie signed a piece of legislation that will increase fines for texting or calling on your cell phone while driving. The legislation, called S-69, states that any use of a cell phone without a hands-free device will earn drivers a minimum fine of $200-400 fine for the first offense. This represents a significant increase from the prior fine amount, which was only $100. Those who incur a second offense will pay a fine of $400-600 and a fine of $600-800 for a third offense.

Not only will chatterbox motorists be faced with large fines as a result of S-69, but offending drivers will experience some serious consequences. For example, the legislation allows a judge to suspend the license of a driver for ninety (90) days. These drivers will also incur a penalty of three motor vehicle points on their record.

Click the link below to learn more about the consequences of the new regulations in New Jersey.

Five Reasons Why You Should Stop Talking and Driving - New DMV Regulations

Have you read about the new DMV legislation? Well here are five reasons why you should.

Governor Cuomo recently announced changes to the number of points that will be imposed on all licenses for violating regulations VTL 1225-c (Use of a Mobile Telephone While Driving) and 122-5d (Use of Portable Electronic Devices). Talking on your phone while driving, or even simply reaching down for a second to turn on the new Kanye album on your iPod, has become common practice for many drivers who do not realize they can face serious consequences for even a moment's distraction. Starting June 1, 2013, Use of a Mobile Telephone and Portable Electronic Device while operating a vehicle will incur a five point penalty instead of a three.

What does a change of two points matter? Click below to find out.

My Experience at the National College of DUI Defense - Summer Session 2013

Hello everybody!

I've been away from the office all week since I was lucky enough to be able to travel to Cambridge, Massachusetts, to attend the 2013 Summer Session of the National College of DUI Defense.

There I got to participate in several events, which I'm going to list below:


• The Cross Examination: The Lawyers Opportunity to Testify
• Cross Demo of the Arresting Officer
• Preparing for Hearings & Trials: Approaches, Organization & Tools
• Lawyer Ethics and the Code of the West: Lessons Learned Over the Last 40 Years
• Presenting Your Expert
• A Closing for Every Case
• Changing the Jury’s Presumption
• Reflections on Forty Years of Forensic Alcohol and Drug Research
• Creative Opening Statements: Getting to Not Guilty Right Out of the Gate

Events like the Summer Session at the NCDD are a great opportunity since they allow Criminal Defense lawyers to really hone their skills, refresh their knowledge, and get updated on any new laws or regulations that could affect their cases. When selecting a lawyer to represent you, I believe its important to choose one who understands that law is not a static profession but one that continually evolves and improves. I place a lot of importance on keeping up to speed on my profession and I was happy I had the time to do just that up in Massachusetts!

If you are interested in learning more about DUI/DWI, click here to learn about your rights at DUI Checkpoint or here to learn about recent DMV Regulations that can affect you.

- Kevin McKernan