PENALTIES FOR DRINKING AND DRIVING SO STRICT IN New York State?
According to the New York DMV, Drinking and driving is a hazardous
combination. One third of the fatalities in New York State involve
impaired or intoxicated drivers and pedestrians. With increased Blood
Alcohol Content (BAC), crash risk increases sharply. A driver with a
BAC of 0.08 is four times more likely to cause a crash as a driver who
has not been drinking, while a driver with a BAC of 0.16 is 25 times
more likely to do so. Young drinking drivers are at the
highest risk of all. Drivers 20 years old or younger are almost three
times more likely to be involved in alcohol related fatal crashes than
other drivers in New York.
You will often hear the terms "mitigating or aggravating
factors." A mitigating factor is one that lessons the
severity of the accusation. In the realm of dwi defense, a
mitigating factor would be, first offense, low BAC blow, no
accident. An aggravating factor could be, a high blood
alcohol content reading, an accident, children in the car, drugs in the
car, under the influence of drugs also, injury or death related
accident, prior convictions, etc.
New York Laws are very very tough on drunk driving. Recently
both the Rockland County DA's office and the Westchester County DA and
the Orange County DA have cracked down on drunk driving. A
conviction for driving while under the influence in New York could
cause you suspension - revocation, imprisonment - jail time, fines and
surcharges and even a ignition device which you must blow into before
you can start your car. If you are issued a summons for DWI - DUI, DWAI
driving while ability impaired, it is important that you keep your
mouth shut and not tell the officer who much you had to
drink. You do not need to talk the officer at all after being
pulled over, other than to give him identifying information about
yourself, such as the information printed on your driver license. Any
driver convicted of misdemeanor or felony drunk driving charges in New
York State -- even first time offenders -- are required to install and
maintain ignition interlock devices at their own expense on any
vehicles they own or operate for a minimum of six months. For an
Aggravated-DWI offense or any repeat alcohol or drug offense within
five years, a judge in New York is required to order the system
installed on each vehicle owned or operated by the motorist during both
the revocation period and any probation period that follows. The judge
also must order an alcohol assessment for the repeat offender.
HOW WE CAN HELP YOU IN
RAMAPO TOWN COURT, WOODBURY TOWN COURT, TUXEDO TOWN COURT, WALLKILL
TOWN COURT, GOSHEN, CLARKSTOWN, ORANGETOWN, STONY POINT, HAVERSTRAW,
WHITE PLAINS, GREENBURGH, YONKERS AND ALL OVER THE NEW YORK STATE AREA
TO AVOID A DWI CONVICTION WHICH COULD HAVE A VERY SERIOUS IMPACT ON
YORK LAWS HAVE MADE IT EVEN TOUGHER FOR DWI DEFENDANTS:
In New York State a DWI can be charged by the police if you are caught
operating a vehicle with a blood alcohol content of .08 -
which, depending on your weight, that could be as little as 3 drinks in
Recently, NY State came out with a new charge: If your breathalyzer
reading is over .18, than the police will charge you with
aggravated DWI which carries much more stringent penalties and jail
time such as a year in jail.
If you are asked by the cop to take a breathalyzer or blood
test or chemical test and you refuse, then you could be in big
trouble. You have no right to refuse to take a breathalyzer
or blood test or chemical test in New York, in fact, it is a condition
of every NY license, that you consent to blow into the breathalyzer if
asked to do so or submit your blood or urine for testing (usually they
take blood if not breath). If you refuse to blow into the
breathalyzer or give your blood, your license will be suspended until a
final determination can be made a DMV hearing office (we can help you
with that too.
If you are unlucky enough to get arrested for a second DWI within 10
years of receiving the first one, the second DWI will be charged by
police as a FELONY- which could carry 4 years in state prison.
Is We have represented all sorts of drivers who have arrested for drunk driving all over the
state of New York.
IS AN OUT OF STATE DRIVER ENTITLED TO A HARDSHIP PRIVILEDGE IN NY PENDING DWI PROSECUTION?
A careful examination of the VTL § 1193(2)(e)(7), reveals that there is nothing in the law which prohibits a judge from issuing a hardship privilege for an out of state license holder. Where an out-of-state licensee's New York driving privileges are suspended pending prosecution, the Court has the power to issue him or her a hardship privilege. See People v. Reick, 33 Misc. 3d 774, 930 N.Y.S.2d 429 (N.Y. City Crim. Ct. 2011) (Cited in “Handling the DWI Case in New York by Peter Gerstenzang, Esq. and Eric H. Sills, Esq.”) In People v. Reick, 33 Misc. 3d 774, ___, 930 N.Y.S.2d 429, 430-31 (N.Y. City Crim. Ct. 2011), the Court explicitly held that a hardship privilege can be granted to an out-of-state licensee.
Leandra's Law is named after Leandra Rosado, an eleven year old girl who was killed in a car crash after the driver, who had allegedly been drinking for several hours prior to the crash, lost control of her vehicle on the Henry Hudson Parkway. Leandra's Law, which became effective December 18, 2009, sets some of the toughest DWI provisions in the country. Under Leandra's Law: First time offenders driving while intoxicated or impaired by drugs with a child less than 16 years old in the vehicle may be charged with a class E felony, punishable by up to four years in State prison. Courts must order all drivers convicted of driving while intoxicated or aggravated driving while intoxicated to install and maintain an ignition interlock on any vehicle owned and operated by such driver for at least six months. Drivers who drive while intoxicated or impaired by drugs and cause the death of a child less than 16 years of age in the vehicle may be charged with a Class B felony, punishable by up to
25 years in State prison. Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child less than 16 years of age in the vehicle may be charged with the Class C felony, punishable by up to 15 years in State prison. Police must make a notation in the form of "C.I.V." in the "Description of Violation" section of a simplified traffic information if a child less than 16 years of age was present in the vehicle of the person charged with driving while intoxicated, aggravated driving while intoxicated, or driving while ability impaired by drugs. The failure to make such notation, however, does not in any way affect a charge for a violation of the VTL provisions regarding driving while intoxicated. Police must report a parent or guardian who is charged with driving while intoxicated or while impaired by alcohol or drugs while their child is a passenger in the vehicle to the Statewide Central Register of Child Abuse and Maltreatment.
A Florida man who was arrested for drunk driving had to deal with
getting arrested and attacked by his pet squirrel at the same time so
Warren Thomas Michael 23 said "he had a squirrel eating him" when
officers pulled him over on Saturday night in Fleming Island Fla.
according to the arrest report.
"The defendant pointed out a small squirrel he had wrapped under his
shirt " Police Officer JC Saunders wrote.
Michael talked about his squirrel with slurred mumbled and
profanity-laden speech. His bloodshot eyes appeared glassy above his
red cheeks the report describes.
"After some discussion about the squirrel " Officer Saunders
explained why he pulled Michael over.
Earlier Michaels car allegedly swerved in and out of lanes ran off the
road and almost hit someone. That person called the authorities. When
Saunders arrived he reportedly witnessed Michaels car weave back and
forth and cross the fog line onto the grass.
Michael could not answer the officers simple questions while looking
for his license and registration. The police also smelled alcohol so he
had "the defendant secure the squirrel" and go through sobriety tests.
The defendant Michael was arrested and taken to Clay County Jail
where he was charged with driving under the influence and driving
without a seat belt. He also received a written warning for driving a
vehicle in unsafe conditions.
Michaels pet squirrel and vehicle were released to his girlfriend.
CAMDEN NJ USA—A Camden County man today admitted concealing from
law enforcement authorities information about a home invasion and
kidnapping that led to the death of an Atlantic City woman U.S.
Attorney Paul J. Fishman announced.
Ronnie Ruffin 43 of Lindenwold New Jersey pleaded guilty before U.S.
District Judge Joseph H. Rodriguez in Camden federal court to in
information charging him with one count of misprison of a felony.
According to documents filed in this case and statements made in court:
Ronnie Ruffin was arrested October 18 2011. Prior to his arrest he had
learned that on March 26 2011 Nadirah Ruffin (no relation) was the
victim of a home invasion and was kidnapped from Atlantic City New
Jersey. Ronnie Ruffin also learned Nadirah Ruffin was driven to
Philadelphia shot and killed. Her body was found in the Schuylkill
River on April 19 2011. Ronnie Ruffin admitted that before his arrest
that he had learned the home invasion and kidnapping of Nadirah Ruffin
were orchestrated to retaliate for an assault on another individual.
After Ronnie Ruffin was arrested he gave a statement to an FBI special
agent and a Atlantic City Police Department detective in which he
concealed and failed to immediately make known that he knew the
identities of the individuals involved in the home invasion and
The charges to which Ronnie Ruffin pleaded guilty carry a maximum
potential penalty of three years in prison and a fine of $250 000.
Sentencing is scheduled for January 10 2013.
U.S. Attorney Fishman credited special agents of the FBI under the
direction of Special Agent in Charge Michael B. Ward; investigators
from the Atlantic County Prosecutor’s Office under the direction of
Acting Prosecutor James P. McClain; and detectives from the Atlantic
City Police Department under the direction of Deputy Chief Ernest
Jubilee Commander of the Atlantic City Police Department for the
investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Jason M.
Richardson and Matthew T. Smith of the U.S. Attorney’s Office Criminal
Division in Camden.
Medicare Fraud Strike Force operations in seven cities have led to
charges against 91 people—including doctors nurses and other licensed
professionals—for their alleged participation in Medicare fraud schemes
involving $429.2 million in false billing. FBI Associate Deputy
Director Kevin Perkins joined Attorney General Eric Holder Health and
Human Services Secretary Kathleen Sebelius and other government
officials at a Washington D.C. press conference announcing the
The largest number of defendants were charged in Miami—a total of 33
for their alleged participation in various fraud schemes involving a
total of $204.5 million in false billings for home health care mental
health services occupational and physical therapy and durable medical
equipment. Other defendants were charged in Los Angeles (16) Brooklyn
(15) Dallas (14) Baton Rouge (4) and Chicago (2).
According to court documents defendants were charged in schemes to
submit claims to Medicare for treatments that were medically
unnecessary and often never provided. In many cases patient recruiters
Medicare beneficiaries and others were allegedly paid kickbacks in
return for supplying beneficiary information to the providers who
submitted the fraudulent claims.
Perkins who called the strike force’s partnerships “a critical piece of
our strategy” to “protect the integrity of Medicare and the health care
system at large ” also offered steps that the public—especially
Medicare and Medicaid beneficiaries and their family members—can take
to help prevent fraud:
Beware of suspicious activity including marketers offering money gifts
or free services to patients;
Review explanation of benefits forms sent by your insurance company
(and contact your company immediately if you see any suspect billings);
Protect your insurance card information the same way you would protect
your credit card information;
NEWARK—A Newark New Jersey man made his initial court appearance
today following his arrest in connection with two bank robberies U.S.
Attorney Paul J. Fishman announced.
Alfred Ferguson 55 is charged by complaint with two counts of bank
robbery. The defendant appeared today before U.S. Magistrate Judge
Madeline Cox-Arleo in Newark federal court. He was ordered detained
According to the complaint:
Ferguson allegedly robbed the Garden State Community Bank in Newark on
September 17 2012 and October 9 2012. Ferguson used a similar procedure
for both robberies: after entering the bank wearing a red bandana over
the lower part of his face Ferguson would verbally threaten the bank
teller vault over the glass partition and empty money from bank
tellers’ drawers. Following the latest robbery officers of the Newark
Police Department spotted Ferguson fleeing the scene on a bicycle.
If convicted on the bank robbery charges Ferguson faces a maximum
potential penalty of 20 years in prison and a fine of $250 000 or twice
the gross gain or loss from the offense for each count with which he is
U.S. Attorney Fishman credited special agents of the FBI under the
direction of Special Agent in Charge Michael B. Ward with the
investigation leading to charges. He also thanked the Newark Police
Department for their contribution to the case.
The government is represented by Assistant U.S. Attorney David M. Eskew
of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely
accusations and the defendant is presumed innocent unless and until
Fort Dix Inmate Sentenced to 10 Years in Prison for Death of
Another Inmate Connecticut Man Pushed Victim Down Flight of Stairs
U.S. Attorney’s Office
October 12 2012 District of New Jersey
CAMDEN NJ—A Connecticut man serving a prison sentence at the Ft. Dix
Federal Correctional Institution was sentenced today to an additional
120 months in prison for pushing a fellow inmate to his death during an
argument U.S. Attorney Paul J. Fishman announced.
David Besaw 27 of Newington Connecticut previously pleaded guilty
before District Court Judge Noel L. Hillman to an information charging
him one count of voluntary manslaughter in the November 4 2010 death of
an inmate identified only as “F.F.” Judge Hillman imposed the sentence
today in Camden federal court.
According to documents filed in the case and statements made in court:
Besaw said he was sleeping when F.F. punched the back of his bunk. The
two men had an argument after which F.F. left their cell. Besaw
followed F.F. into a nearby stairwell saw F.F. standing at the top of
the stairwell and deliberately pushed him from behind causing him to
fall down the stairs. F.F. died as a result of the injuries he suffered
in the fall.
In addition to the prison term Judge Hillman sentenced Besaw to three
years of supervised release and ordered him to pay $9 577 to the
victim’s family for funeral expenses.
U.S. Attorney Fishman credited the warden of Fort Dix Federal
Correctional Institution Donna Zickefoose; and special agents and
investigators of the FBI under the direction of Special Agent in Charge
Michael B. Ward for the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorney Diana Carrig
of the U.S. Attorney’s Office Criminal Division in Camden.
Preet Bharara United States Attorney for the Southern District of New
York and George Venizelos the Assistant Director in Charge of the New
York Field Office of the Federal Bureau of Investigation (FBI)
announced today the unsealing of a complaint charging New York State
Senator Malcolm Smith New York City Council Member Daniel Halloran and
four others with bribery extortion and fraud charges. The charges
against the defendants arise from an undercover investigation of three
distinct but related bribery schemes involving public corruption. In
the first scheme Smith allegedly arranged for cash bribes totaling $40
000 to be paid to Vincent Tabone and Joseph Savino two New York City
Republican county leaders as part of an effort by Smith who is a
Democrat to appear on the Republican primary ballot as a mayoral
candidate in the 2013 election. Halloran is alleged to have received
approximately $20 500 in cash bribes to act as an intermediary with
Tabone and Savino on Smith’s behalf. In the second scheme Halloran
allegedly received approximately $18 300 in cash bribes and $6 500 in
straw donor campaign contribution checks in exchange for agreeing to
steer up to $80 000 of New York City Council discretionary funding to a
company he believed was controlled by those who paid him the bribes.
The final scheme involved Noramie Jasmin and Joseph Desmaret the mayor
and deputy mayor of the Village of Spring Valley in Rockland County and
their alleged receipt of financial benefits including Jasmin’s receipt
of a hidden interest in a real estate project and Desmaret’s receipt of
approximately $10 500 in cash bribes in exchange for official acts. All
six defendants were arrested this morning and will be presented later
today in White Plains federal court before U.S. Magistrate Judge Lisa
Manhattan U.S. Attorney Preet Bharara said “Today’s charges demonstrate
once again that a show-me-the-money culture seems to pervade every
level of New York government. The complaint describes an unappetizing
smorgasbord of graft and greed involving six officials who together
built a corridor of corruption stretching from Queens and the Bronx to
Rockland County and all the way up to Albany itself. As alleged Senator Malcolm Smith tried to
bribe his way to a shot at Gracie Mansion-Smith drew up the game plan
and Councilman Halloran essentially quarterbacked that drive by finding
party chairmen who were wide open to receiving bribes. After the string
of public corruption scandals that we have brought to light many may
rightly resign themselves to the sad truth that perhaps the most
powerful special interest in politics is self-interest. We will
continue pursuing and punishing every corrupt official we find but the
public corruption crisis in New York is more than a prosecutor’s
FBI Assistant Director in Charge George Venizelos said “Elected
officials are called public servants because they are supposed to serve
the people. Public service is not supposed to be a shortcut to
self-enrichment. People in New York in Spring Valley—in any city or
town in this country—rightly expect their elected or appointed
representatives to hold themselves to a higher standard. At the very
least public officials should obey the law. As alleged these defendants
did not obey the law; they broke the law and the public trust. There is
a price to pay for that kind of betrayal.”
According to the allegations in the complaint unsealed today in White
Plains federal court:
Scheme to Bribe New York City Republican Party Committee Leaders
Under New York State law a person seeking to run for a citywide
position in New York City may not have his or her name listed as a
candidate on the ballot if he or she is not a registered member of the
party having the primary contest unless he or she receives the approval
of at least three of the five chairmen of the county committees for
that party. The approval is given in the form of what are known as
Wilson Pakula certificates which are signed by the approving chairmen.
Smith a Democrat was first elected to the New York State Senate in
March 2000 and represents the 14th Senatorial District in Queens New
York. He is chairman of the Independent Democratic Conference of the
State Senate and among other positions has served as the State Senate’s
minority and majority leader. Smith has spoken publicly about his
desire to run for mayor of New York City in 2013.
Halloran a Republican was elected to the New York City Council in 2009
and represents the City Council’s 19th District in Queens New York.
Halloran ran unsuccessfully for the United States Congress in 2012.
Tabone and Savino are New York City Republican Party officials. Savino
is the chairman of the Bronx County Republican Party and Tabone is the
vice chairman of the Queens County Republican Party. Their duties
include endorsing candidates for public office and voting on Wilson
In November 2012 Smith agreed with Halloran an undercover FBI agent
posing as a wealthy real estate developer (the UC) and a cooperating
witness (CW) to bribe New York City Republican Party county leaders in
exchange for their issuance of Wilson Pakula certificates that would
enable Smith to run as a Republican candidate for New York City mayor
in 2013. When asked by the UC what he wanted in exchange for his help
securing the certificates Halloran said that he wanted to get his
“mortgage situation resolved ” and that if Smith was elected mayor he
would expect to be named deputy police vommissioner if he asked for the
job. He also solicited and received from the UC and the CW
approximately $20 500 in cash for himself.
In furtherance of the scheme Halloran arranged for the UC and the CW to
meet Tabone and Savino and negotiated the amounts of the cash bribes to
be paid by the UC and the CW to Tabone and Savino on Smith’s behalf.
Halloran told the UC and the CW that “You gotta get [Savino] business
but put 25 in an envelope....Tabone is 25 up front 25 when the Wilson
Pakula is delivered.” After his meeting with the UC and the CW Savino
accepted $15 000 in cash and agreed to accept another $15 000 after he
formally approved Smith’s appearance on the 2013 Republican ballot for
New York City mayor. After meeting with the UC and the CW Tabone
accepted $25 000 in cash and agreed to accept another $25 000 after his
committee approved Smith’s appearance on the 2013 Republican ballot for
New York City mayor.
In exchange for the payment of bribes to Tabone and Savino by the UC
and CW in his capacity as a New York State Senator Smith agreed to help
obtain $500 000 in New York State funds for road work that would
benefit a real estate project in Spring Valley that Smith understood
was being developed by a company controlled by the UC and CW (the
Bribery of Halloran to Steer City Council Discretionary Funding
Since August 2012 to the present Halloran accepted approximately $18
300 in cash bribes and approximately $6 500 in straw donor campaign
contribution checks from the UC and the CW in exchange for agreeing to
steer up to $80 000 in New York City Council discretionary funding to
For example at a meeting on September 7 2012 at which Halloran and the
UC discussed Halloran’s need to raise money for his congressional
campaign Halloran agreed to hire someone of the CW’s choosing for a
congressional staff or some equivalent position and to help him raise
money for his campaign. During the discussion Halloran said “That’s
politics that’s politics it’s all about how much. Not whether or will
it’s about how much and that’s our politicians in New York they’re all
like that....And they get like that because of the drive that the money
does for everything else. You can’t do anything without the f—ing
money.” During the meeting the CW paid Halloran $7 500. Near the end of
the meeting Halloran remarked “Money is what greases the wheels—good
bad or indifferent.”
In furtherance of this scheme Halloran wrote two letters on New York
City council letterhead about this funding one to civic organizations
and the other to the company. Despite suggesting in these letters that
work would be done by the company to support the allotment of up to $80
000 Halloran agreed with the UC and the CW that the company would
provide no services.
Bribery of the Spring Valley Mayor and Deputy Mayor
Noramie Jasmin and Joseph Desmaret were sworn in as mayor and deputy
mayor of the Village of Spring Valley New York in December 2009. From
September 2011 through the date of the complaint Jasmin and Desmaret
accepted financial benefits from the UC and the CW in exchange for
official acts. Desmaret accepted approximately $10 500 worth of cash
bribes from the UC and the CW in exchange for among other things his
vote in favor of a sale of land owned by Spring Valley to the company a
company he believed was controlled by the UC and that would be used to
build a community center (the “real estate project”).
In exchange for her vote awarding the real estate project to the
company Jasmin demanded a partnership interest in the company stating
“So for me it’s better for us to partner that’s what I said to you
before; a partnership will be best.” When the CW later suggested that
Jasmin have a 20 percent stake in the project she replied “Partnership
is 50-50 right?”
In support of the scheme Jasmin coached the UC on how to make his
presentation to the Spring Valley Village Board of Trustees about why
the board should award the real estate project to his company. She also
coached two other individuals whom she understood were associates of
the UC and who would pose as competing developers but who were actually
undercover FBI agents on how to make their presentation to the Village
Board. In addition both Jasmin and Desmaret agreed to steer to the UC’s
company the New York State funding for road work that Smith agreed to
help the CW and the UC obtain.
* * *
Charts containing the names ages residences charges and maximum
penalties for the defendants are below.
Mr. Bharara praised the investigative work of the FBI. He also thanked
the Rockland County District Attorney’s Office and the Spring Valley
Police Department for their invaluable assistance to the investigation.
This case is being handled by the Office’s White Plains Division and
Public Corruption Unit. Assistant U.S. Attorneys Douglas B. Bloom and
Alvin Bragg are in charge of the prosecution.
The charges contained in the complaint are merely accusations and the
defendants are presumed innocent unless and until proven guilty.
* * *
United States v. Malcolm A. Smith et al.
Defendant Residence Age
Malcolm Smith Queens New York 56
Daniel Halloran Queens New York 42
Vincent Tabone Queens New York 46
Joseph Savino Rockland County New York 45
Noramie Jasmin Spring Valley New York 49
Joseph Desmaret Spring Valley New York 55 Count Charge Defendants
One Wire fraud and Travel Act bribery
conspiracy Malcolm Smith Daniel Halloran Vincent Tabone Joseph Savino
Five years in prison
Two Wire fraud Malcolm Smith Daniel Halloran Vincent Tabone Joseph
Savino 20 years in prison
Three Hobbs Act Malcolm Smith 20 years in prison
Four Wire fraud Daniel Halloran 20 years in prison
Five Mail fraud Noramie Jasmin 20 years in prison
Six Mail fraud Joseph Desmaret 20 years in prison Google +