There Are Three New DUI Bills Pending In New York State Legislature

The New York State legislature is currently considering three new bills concerning driving while impaired. If passed, the three new bills will once again increase the penalties associated with DUIs. These bills are part of what has become a trend of harsher penalties and longer sentences for those convicted of DUI.

The first bill concerns offenders with multiple DUI convictions. The main purpose of the bill is to increase the severity of the charges that multiple DUI offenders will face. In this case, offenders with three previous DUI convictions who are involved a fatal crash can now be charged with vehicular homicide, a step up from the standard charge of vehicle manslaughter. Offenders charged with vehicular homicide can face up to 25 years in prison.

The second bill involves leaving the scene of an accident which is currently a felony whenever human injury or death is involved. A common defense for impaired drivers who left the scene of the accident is that they were too intoxicated to realize that they left. The New York legislature is now attempting to remove an offender's ability to use that defense.

The third bill aims to legally redefine "intoxication." Legally, when the word intoxication is used, it applies to being impaired by alcohol. The New York State legislature now wants to broaden that definition so that any substance that causes an impairment on someone's ability to drive. If passed, this bill would widely expand the criteria of what a DUI is. For example, drivers who are impaired by prescription pain medication could be charged with a DUI.

These new bills do not simply increase the penalties associated with DUI, but increase the need for offenders to have an attorney. A good attorney is essential to the outcome of your DUI case. Don't let a DUI conviction change your life forever.

For assistance with a DUI, you can contact my office at 718-313-7563.

- Kevin P. McKernan

Amendment to the NYS Ignition Interlock Device Law

Recently, some new amendments to New York State Ignition Interlock Device Law were signed into law. The amendments change several key points of the procedure:

1. It is now a class E felony to drive while intoxicated on a conditional license. You will be charged with first degree aggravated unlicensed operation of a motor vehicle.
2. Youthful (under 18) DUI offenders will now be treated just like their adult counterparts. Before the amendment, it was not mandated that youth offenders get an ignition interlock device installed like it was for adult offenders.
3. The minimum period that an interlock ignition device will be installed was increased to one year. Before the amendment, the minimum was only 6 months.
4. The period of time that the interlock is on now begins from the date of sentencing, or the date that the device was installed if it was done in advance. Prior to the amendment, no “time served” was credited if the interlock was put on before sentencing.
5. In order to avoid the installation of the interlock device, an offender must swear under oath that they do not own a vehicle.

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.

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.

The Importance of a Will: Protect your Life Savings!

Throughout my years as a lawyer, I've noticed one commonality. Here’s the scenario: A beloved parent dies after a long illness. After a few days, the smoke clears and the children are suddenly left to deal with Mom or Dad’s Estate. Unfortunately, Mom and Dad never thought about making a will because they always thought that their possessions would just pass to their children automatically, but everyone is now realizing that that isn't necessarily true.

Cue the calls to my office.

I don’t mean to make light of such a difficult situation, but simply point out the importance of having a Will drawn up. The fact is, without a Will, when you pass away you are legally known as “intestate”. This means the fate of your estate depends entirely on the Court’s decision. What will occur is that the Court will hold a hearing to decide who the rightful heirs to your estate are and then decide accordingly. Unfortunately, this sometimes results in your estate not being split the way you intended.

How can you avoid this?