The practical implications of the Melendez-Diaz Supreme Court decision on admission of forensic evidence in still working it’s way through New York criminal courts. Continue reading “NY DWI Case Implications from Melendez-Diaz Ruling”
Legislation has been introduced this year that would require mandatory ignition interlock devices as a condition of license reinstatement, for anyone convicted of a first offense DWI in New York. The legislation has a lot of support in both houses, and is designated as Senate Bill 27B and Assembly Bill 7196A. Continue reading “Bills to Require Ignition Interlock Devices in NY Assembly”
A proposed law in Westchester county would allow for seizure of a person’s car or vehicle upon conviction for a DWI in New York, even after a first offense. This ordinance would be one of the most extreme in the nation, and goes beyond the recommendations of the AAA and even Mothers Against Drunk Driving (MADD).
The proposal is said to not be about the revenue gained from the sale of these vehicles, but designed as a strict deterrent for anyone who would consider driving while intoxicated.
Numerous critics suggest that the law goes much too far in punishing people beyond anything reasonably required for public safety. Plus, it is an extreme burden on middle and working class families to have a car taken away.
MADD is a large supporter of ignition interlock devices, even for first offense DWI convictions. An ignition interlock device requires a driver to blow into a machine that measures breath alcohol before being allowed to start the igntion. It is essentially a rolling breathalyzer. Under current New York state drunk driving law, ingition interlock devices are only mandatory after a third offense drunk driving conviction. Interlock requirements for 1st offense cases are becoming more common in other states, with Arizona and Illinois having enacted strict interlock laws recently.
If you’ve been charged with DWI or drunk driving in New York state, please contact our law offices for a free legal case evaluation, and defense options specific to your case. There is no obligation for a consultation.