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Binghamton Criminal Defense Blog

How do ignition interlock devices affect your ability to drive?

Making questionable decisions tends to happen to most people at least once during their lifetimes. In many cases, the choices made could have left you feeling foolish or ashamed, but overall, you came out relatively unscathed. Of course, other circumstances could result in a bad decision leading to criminal charges.

Drinking and driving often comes in at the top of the list when discussing bad decisions. Though it may have been a first mistake, you could still face serious consequences if you have DWI charges brought against you and a jury convicts you of those charges. With such an outcome, you could potentially have an ignition interlock device installed in your vehicle.

White collar crimes: Serious charges, serious consequences

Many people consider white collar crimes to be a less serious offense than crimes that involve violence or assault, but in reality, these offenses can also lead to extensive jail time and other penalties. White collar offenders may do hard time if convicted, and New York individuals facing accusations or those who are currently under investigation would be wise to take their situation seriously.

White collar crime is a term used to describe offenses not necessarily characterized by violence or threat of violence, but rather involves actions related to fraud, deceit, concealment, violation of trust and more. Money and financial grain is the motivation behind white collar crimes.

Drugged driving is a big deal in New York

In New York, driving while under the influence of drugs can bring the same penalties as getting behind the wheel while drunk. Like drunk driving, drugged driving is dangerous, and if law enforcement catches you, it could lead to serious criminal penalties. If you are facing criminal charges related to driving while under the influence of any type of drug, you would be wise to take your situation seriously.

In addition to losing your right to drive, you could be facing penalties that will compromise both your personal freedom and your future. It is worthwhile to explore your defense options in order to determine how you can confront these charges in the most effective way.

What are some typical drug crimes?

Both federal law and New York law address a variety of drug offenses. However, a federal charge typically leads to a longer sentence in the event of a conviction. No matter the type of drug-related crime for which you may receive a conviction, it can have major consequences long-term.

Are you in suspense about license suspension?

When you were first learning to drive, your mother or father might have repeated this phrase that many other New York parents say to their children: "Driving is a privilege not a right." If you're now a parent yourself, you might have already experienced those moments where you are speaking to your child, but it sounds like your own mother's or father's voice is coming out of your mouth.

The fact is, although it's a colloquial quip of sorts, used to inculcate the idea of the serious responsibility and benefits involved with becoming a licensed driver, the message itself happens to be true. There are actually various situations that can result in losing one's driving privileges, either temporarily or on a permanent basis.

Why should you consider a prenuptial agreement?

Prenuptial agreements serve to protect the interests of both parties in case of a divorce. By drafting this document before a wedding takes place, a New York couple can avoid a contentious and stressful legal battle in the event that they divorce in the future.

Defend against domestic violence accusations

Domestic violence can greatly affect a person's life, and for that reason, each case should garner due assessment. Of course, an accusation of domestic violence does not mean than an accused person is guilty of carrying out violent acts against another individual. Therefore, if you have had charges brought against you for domestic violence, you may wish to find out more information about your options for creating a criminal defense.

Could self-defense lead to needing a criminal defense?

If you have found yourself on the cusp of criminal proceedings due to a leveling of assault or battery charges against you, you may feel overwhelmed. These feelings are understandable, as a risk exists for you to potentially face serious punishments if convicted. Therefore, you may wish to explore your options for a criminal defense.

When it comes to assault allegations, the charges likely accuse you of causing bodily harm to another individual. The circumstances under which these charges have been brought can play heavily into your defense.

The Holiday Season and Driving

The holiday season is a time to spend with family and friends. By nature this means social events at people's homes or at restaurants and bars. Add to that annual end of the year work parties and it can get pretty busy, particularly if there are a spouse and kids who have their own parties as well. There are only so many weekends between Thanksgiving and New Years, which often means double or even triple booking your days and nights. The roads are also crowded with people in the same predicament.

Driving fatalities up during the holidays

Drinking is often a part of this ritual as well. Blackout Wednesday before Thanksgiving is one of the biggest drinking nights of the year because students are home from college, businesses are closed the following day, and many will be with family for Thanksgiving. Thanksgiving weekend generally accounts for more alcohol-related traffic deaths than any other holiday, but the average number of fatalities involving alcohol rose 34 percent nationally during the Christmas and New Year period in 2015. The officials are quite aware of these numbers and staff accordingly.

What does Leandra's Law mean for those charged with DUI in NY?

Leandra's Law came into existence because of a terrible tragedy. Leandra Rosado was 11 years old when she died in a car crash while in a vehicle with a driver who was allegedly under the influence of alcohol at the time. Henry Hudson Parkway is where the accident occurred. Leandra's Law was implemented at the close of 2009 in New York State and sets forth some of the most stringent DWI provisions in the nation. Here is a summary of what to expect if you or someone you know becomes convicted under this law.

  • Those who operate a vehicle under the influence of drugs or alcohol with a child younger than 16 years of age present may receive a class E felony. This can result in a state prison sentence of up to 4 years.
  • Courts are required to order those convicted of aggravated or intoxicated driving to have modifications done to their vehicle so that they and others will remain safe. Those convicted must have an ignition interlock installed and maintained on their vehicle for no fewer than six months.
  • Operating a vehicle while influenced by drugs or alcohol, resulting in the death of a child under sixteen years of age could result in a Class B felony. This may mean a state prison sentence of up to 15 years.
  • Those who cause a serious injury to a child under the age of 16 who is in the vehicle could face a Class C felony. A state prison sentence of up to 15 years is possible.
  • When a child who is under the age of 16 is in the vehicle of a person charged with DWI, driving while impaired by drugs, or aggravated driving while intoxicated, police must note this.
  • Police officers are required to report guardians and parents who are charged with DWI or under the influence of drugs with a child under the age of 16 in their vehicle to the proper channels. This means that they must notify the Statewide Central Register of Child Abuse and Maltreatment of the occurrence.
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