New York Injury Lawyers Blog

New York State Troopers made 25 arrests for Driving While Intoxicated (DWI) over the Fourth of July weekend in Westchester and Putnam counties. Some of those charged were arrested for DWI based on failing a chemical test often referred to as a breathalyzer. The legal threshold for misdemeanor DWI is .08 percent. However, a more serious charge of Aggravated DWI is asserted against drivers whose blood-alcohol level is higher than .18. Others were arrested and charged with DWI after refusing to submit to a chemical test.

Below please find a sampling of the circumstances under which drivers were charged with DWI:

- J Fernandez, 51, of Union, N.J., was charged with misdemeanor driving while intoxicated around 2:35 am after a trooper saw him cross a hazardous marking on Route 9 in Croton-on-Hudson. His blood-alcohol level was 0.13 percent.

- D Perez, 23, of Sleepy Hollow was charged with misdemeanor driving while intoxicated around 5:30 a.m. on Interstate 87 in Tarrytown.

- S Brown, 38, of New York City was charged with first-degree aggravated unlicensed operation and driving while intoxicated, felonies, around 4:45 a.m on Interstate 684 in Bedford.

- Carol L. Bower, 61, of Meriden, Conn., was charged with driving while intoxicated and aggravated driving while intoxicated, misdemeanors, around 8:30 p.m. Sunday on Interstate 287 in Harrison.

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21 DWI arrests by troopers in Westchester, Putnam counties, Journal News, Terence Corcoran, July 5, 2010.

According to a June 11, 2010 Journal News Report by Terry Corcoran, a 21-year-old Yorktown, New York man was charged with misdemeanor driving while intoxicated (DWI) after crashing his car in the early morning hours of June 10, 2010 in the Westchester County Town.

The 21 year-old has been charged with driving while intoxicated, a misdemeanor, speeding, failure to maintain lane and improper turn, all traffic infractions.

DWI, speeding and other traffic violations are leading causes of motor vehicle accidents and personal injuries in New York.

Two Westchester County, NY residents were charged with Driving While Intoxicated (DWI) after their involvement in unrelated accidents. Debra Heyde, a 49 year-old Yorktown woman, was charged with misdemeanor Driving While Intoxicated (DWI) on March 6, 2010 after her car struck a utility pole on Greenwood Street. She was also charged with various traffic violations. She is due in Town Court on April 8.

John A. Briggi, a 52 year-old male Yorktown resident was charged with misdemeanor Driving While Intoxicated (DWI) Friday, March 5, 2010 after his car hit a tree on Andre Place and reportedly drove off. Officers caught up with him a short time later and also charged him with leaving the scene of an accident, a traffic violation. He is due in Town Court on April 6.

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Yorktown woman, man charged with DWI after accidents, Journal News, Terence Corcoran, March 10, 2010.

A 26 year-old former Yonkers resident, Louis Nardella, Jr., entered pleas of guilty to multiple felonies stemming from a car accident that killed a 29-year-old woman in New Rochelle. Mr. Nardella pled guilty to vehicular manslaughter, criminal possession of a controlled substance, tampering with physical evidence, driving while intoxicated (DWI), driving while impaired by drugs, reckless driving and several traffic violations.

The victim, Amy Taylor, was killed May 23, 2009 when Nardella's Subaru hit her car head-on at 1 a.m. on Pelham Road near Park Avenue. There were skid marks on the road from the Subaru, and police said a witness told them that he was going fast.

Taylor was trapped in her car and had to be extricated by the New Rochelle Fire Department. She died at the scene. Police pulled Nardella from his burning car, and he was hospitalized with a broken leg, ruptured spleen and internal bleeding.

A toxicology report found that he had been under the influence of narcotics at the time of the crash. A search of his car recovered 71 Vicodin pills inside a locked glove compartment that were packaged for sale, according to the District Attorney's Office.

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Bronx man pleads guilty in crash that killed woman in New Rochelle, Journal News, Rebecca Baker, March 18, 2010.

New York Governor, David A. Paterson, recently signed a new law making it a felony in New York to drive intoxicated or while under the influence of drugs with a child in the vehicle. The Governor signed the Child Passenger Protection Act, known as Leandra's Law in honor of the 11-year-old Leandra Rosado, who was killed in a drunken driving accident in October 2009.

Under the new law, first-time offenders while under the influence of drugs or with a blood alcohol content of .08 or more, with a child age 15 or under in the vehicle, will automatically have their drivers license suspended and will have to install an ignition interlock device in their vehicle. They may also be charged with a Class E felony punishable by up to four years in prison.

Intoxicated drivers who cause serious injury to a child may be charged with a Class C felony punishable up to 15 years in prison, and drunken drivers who cause the death of a child will be charged with a Class B felony punishable up to 25 years in prison.

In addition, parents caught driving impaired with their children will be reported to the Statewide Central Register of Child Abuse and Maltreatment.

According to Governor Paterson, Leandra's Law will be an accumulation of the toughest DWI penalties in the nation and will provide law enforcement officials with the tools they need to prosecute DWI offenders.

New York has now joined 35 other states that have child endangerment laws imposing tougher DWI sanctions, and is now the 13th state to require mandatory interlock ignitions in vehicle for DWI offenders.

On July 17, 2008, a 50-year-old New Rochelle, NY dad, William A. Furelle, drove drunk with his three daughters in the car. While taking the three children ages 5, 9, and 10 to dinner, Furelle injured an 11-year-old bicyclist on Storer Avenue in Pelham.

The young child hit the van's windshield, and he suffered injuries to his shoulder. Furelle plead guilty to a misdemeanor driving while intoxicated (DWI) and one count of child endangerment in exchange for probation and the revocation of his driver's license. Furelle will be able to apply for a conditional license to travel to work. Furelle was not charged with a felony because his crime took place prior to the institution of Leandra's Law.

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DWI dad pleads in Pelham bicyclist accident, Journal News, Leslie Korngold, February 5, 2010.

Maryam A. Tantawy, a 25 year-old female, was arrested and charged with Driving While Intoxicated (DWI) by State Police on January 29, 2010. She was initially pulled over for failing to signal a lane change at 4:57 a.m. Upon further examination, she was found to have a 1.0 blood alcohol level (the legal limit is .08).

She is charged with misdemeanor Driving While Intoxicated (DWI). She is due in New Castle Town Court on February 11, 2010.

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Yorktown woman charged with DWI, Journal News, Timothy O'Connor, January 30, 2010.

Continue reading "Westchester County DWI Lawyer Report: Yorktown Woman Charged With DWI On Taconic Parkway" »

Desmond Shand, a 41-year-old Bronx resident, was sentenced to two years in state prison for a number of misdemeanor and felony convictions, including assault and vehicular assault. Shand pleaded guilty to the full eleven-count indictment against him. In addition to the aforementioned felonies, Shand was charged with leaving the scene, driving while intoxicated, reckless endangerment, and reckless driving, all misdemeanors.

Back in September of 2008, while Shand was trying to escape after crashing his car into a bicyclist, he hit a Jeep that was being driven by Herman Kenny, a high school senior. Shand nearly severed Kenny's leg. The young man had to have his leg partially amputated at the knee. He has undergone 12 surgeries since. Four hours after the incidents occurred, Shand's blood alcohol level was measured at 0.10%.

On the day of Shand's sentencing in Westchester County Court, he apologized to Kenny and his family. Assistant District Attorney Christina O'Connor read a statement from the victim. She explained that the accident has forever changed his life and has put Kenny's family under emotional and financial duress.

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Man gets 2 years in prison for drunken crash that nearly severed teen's leg, Journal News, Rebecca Baker and Leslie Korngold, January 9, 2010.

According to a January 4, 2010 Journal News report of Richard Liebson, another Westchester Police Officer was charged with driving while intoxicated (DWI) on Thursday, January 3, 2010 after crashing into a tractor-trailer on 287.

37-year-old officer, Joe Zepeda, was driving his 2007 Nissan early Thursday morning with fellow officer Kurt Maddox in the passenger seat. At around 5 am, Zepeda hit the back of a tractor-trailer near exit 6 on 287. Zepeda suffered a minor head abrasion and was not taken to the hospital. However, Maddox was treated at Westchester Medical Center for a broken ankle after the accident. The unnamed truck driver was also treated at Westchester Medical Center for neck and back pain.

When police arrived on the scene, Zepeda refused a blood alcohol test, and he was charged with the misdemeanor crime. Zepeda became a cop in May of 2007 and has never faced any priory disciplinary action. He was released without bail on an appearance ticket. He is due back in court this week.

Westchester County police officers charged eight motorists with driving under the influence of alcohol (DWI) on New Years Eve and into the morning hours of the new decade. The crackdown on drunk drivers took place all over Westchester County with 6 of the arrests ocurring at an over-night check point set up where the Bronx River Parkway meets the Cross County Parkway.

Some of the motorists like 22 year old Kary Almonacid were not only charged with driving while intoxicated but with aggravated DWI because their alochol levels reached or surpassed 0.18, a number above the legal limit of 0.08. Ms. Almonacid was stopped by the police at 2:48 am on Mamaroneck Avenue in White Plains for driving without her lights and for making unsafe lane changes.

Police found more than an intoxicated motorist during one vehicle stop that took place where Stevens Avenue intersects with North 10th Avenue in Mount Vernon. Givoanni Petrov of the Bronx was pulled over for driving with a broken rear light. Police found 2 pounds of marijuana in the car. Petrov who possesses a lengthy criminal record was charged with second degree criminal possession of marijuana.

As we have discussed many times on the New York Injury Lawyers Blog, driving under the influence is a leading causes of motor vehicle accidents in New York.

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Unhappy New Year -- Westchester cops arrest 9 accused of driving under influence of alcohol, drugs, Journal News, Shawn Cohen, January 2, 2010.

According to a December 18, 2009 Journal News report written by Terrence Corcoran, six motorists from Westchester County, NY and Connecticut were charged with Driving While Intoxicated (DWI) on Thursday, including a Buchanan man charged with felony DWI due to two prior convictions for the same offense. The arrests were made along the Sprain Brook Parkway and Routes 9A, 22 and 35.

Section 1192 of the New York Vehicle & Traffic Law governs DWI offenses in the State. According to the statute, anyone driving a vehicle with a BAC of .08 or over is driving under the influence.

Below please find additional details regarding the DWI arrests:

Arthur T. Connolly, 36, of Buchanan was charged with driving while intoxicated (DWI) and with a blood-alcohol level greater than 0.08 percent Thursday at 6:22 p.m. on Route 9A. The charges are felonies due to two previous drunken-driving convictions within the past 10 years.

Nora A. Candelaria, 48, of Ridgewood, Queens, was charged with misdemeanor driving while intoxicated (DWI) at 2:30 a.m. on Friday on the Sprain Brook Parkway in Yonkers.

Joshua Rivera, 38, of Carmel was charged with misdemeanor driving while intoxicated (DWI) at 2:10 a.m. Friday on Route 35 in Somers. Police said his blood-alcohol level was 0.13 percent. He was ordered to appear Jan. 18 in Town Court.

James R. Garrison, 36, of Elmsford was charged with misdemeanor driving while intoxicated Friday at 2:05 a.m. on Welcher Avenue in Peekskill.

Paul R. Cabrera, 22, of Yonkers was charged with misdemeanor driving while intoxicated Thursday at 6:33 p.m. on the Sprain Brook Parkway in Greenburgh.

Christopher Murray, 40, of Newtown, Conn., was charged with misdemeanor driving while intoxicated Thursday at 2:30 a.m. on Route 22 in Lewisboro. His blood-alcohol level was 0.10 percent and he was ordered to appear in Town Court on Dec. 28, police said.

Shawn Ferrier, a 35-year-old Yonkers resident, admitted to injuring two people and damaging four parked cars while driving drunk in Greenburgh, NY. He pled guilty to three felonies, second-degree assault, vehicular assault, and aggravated unlicensed operation, as well as driving while intoxicated (DWI) and four other misdemeanor counts of criminal mischief.

Ferrier reportedly took area police on a high-speed chase through Greenburgh approximately a year ago. He was driving a rented U-Haul at the time. During the chase, which began when Ferrier ran numerous red light in Central Avenue, he collided with a Mercedes-Benz sending it into a small tree. The Mercedes driver, a 46-year-old Bronx man, suffered neck and back injuries. The chase ended after Ferrier struck a tree and the U-Haul caught on fire. A passenger in the U-Haul suffered serious injuries in the crash.

Ferrier will serve at least four years in state prison.

The NY Personal Injury Attorneys at Gallivan & Gallivan provide aggressive representation to those injured in car accidents, including those involving drunk drivers. Please contact us for a free consultation if you or a loved one has been injured in a car accident in the New York area. If you are unable to travel to one of our three conveniently located offices, we will make arrangements to come to you.

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Ex-con pleads guilty to DWI chase in Greenburgh, Yonkers that hurt 2 others, Journal News, Rebecca Baker, November 21, 2009.

The New York State Legislature has agreed to a bill that would toughen DWI laws in New York. If passed, the new law would make it a felony to drive while intoxicated with a child as a passenger. In addition, the bill deemed "Leandra's Law", would require those convicted of DWI to install an ignition-interlock system in their vehicle as part of their sentence.

The bill is named for 11-year-old Leandra Rosado, who died last month in an accident in Manhattan (NYC) as a passenger in a vehicle whose driver was drunk.

The agreement also comes on the heels of a deadly crash in Westchester, NY that killed 8 people, including four children. The driver, Diane Schuler, was allegedly drunk and high while driving the wrong way on the Taconic State Parkway at the time of the accident.

The new law would carry a possible prison sentence of one to four years incarceration for a first offense. However, it unclear whether the bill with pass in the Senate.

If you or a loved one has been injured in a car accident, please contact the New York Accident Attorneys at Gallivan & Gallivan for a free consultation.

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Lawmakers: Felony DWI if child is in car, Journal News, Joseph Spector, November 18, 2009.