November, 2014 - Braunfotel and Frendel

What are the different types of drunk driving offenses in NY?

Seeing the flash of police lights in your rearview mirror can be a tense situation. If you are accused of drunk driving, the situation becomes even more serious, particularly if you are innocent. Due to this, it is important to have a basic understanding of the different types of alcohol-related driving offenses in New York.The basic type of drunk driving offense is driving while intoxicated, or DWI. To be charged with DWI, a driver's blood alcohol content level (BAC) must be 0.08 or higher, or 0.04 or higher for drivers of commercial vehicles. However, even in the absence of BAC tests, one may be charged with DWI if police allege there is other evidence that the driver was under the influence of alcohol or drugs. DWI is elevated to aggravated [...]

What are the different types of drunk driving offenses in NY?james2014-11-28T00:00:00+00:00

Hit-and-run driver kills teenage pedestrian

The New York Police Department confirmed that a driver received criminal charges after a fatal hit-and-run accident that occurred on Nov. 20. The accident resulted in the death of a teenager from the Kensington neighborhood of Brooklyn. The driver, who is also a Kensington resident, was charged for felony leaving the scene of an accident causing serious injury.The fatal car accident happened at approximately 5 p.m. while the victim was attempting to walk across East 7th Street near Caton Avenue. When a 78-year-old woman turned left onto East 7th Street, she struck the teenage pedestrian with her Chevy Impala. The woman then reportedly left the scene of the accident in her vehicle without stopping.After the accident, the victim was quickly transported to Maimonides Hospital where officials pronounced him dead. Police [...]

Hit-and-run driver kills teenage pedestrianjames2014-11-25T00:00:00+00:00

Understanding the consequences of misdemeanor crimes

Being accused of a crime in New York can be a frightening thing, especially when legal jargon is thrown around. For example, there are important differences between felonies and misdemeanors that should be understood, particularly when it comes to the penalties associated with these classifications.Under the New York Penal Code, a misdemeanor is defined as a crime, other than a traffic offense, that if convicted carries a prison sentence of one year or less. A felony, on the other hand, is a crime that if convicted carries a prison sentence of over one year. Those with traffic tickets may find it helpful to know that these are separate from what the code has set aside as traffic infractions." Misdemeanors are further broken down into class AIn general, in New York [...]

Understanding the consequences of misdemeanor crimesjames2014-11-19T00:00:00+00:00

Man dies in New York wrong-way crash

A man is dead after being involved in a head-on collision on the Southern State Parkway. The accident reportedly occurred around 10 p.m. on Nov. 11.According to police, the accident was caused by a 63-year-old Bay Shore man who was driving the wrong way down the parkway. His vehicle struck another vehicle being driven by a 24-year-old East Islip man. The younger man died at the scene. The older man was transported to Southside Hospital for treatment of critical injuries.At the time of the report, police did not know why the older driver was traveling the wrong way in the eastbound lanes. However, investigators believe it could have been a combination of factors including reduced visibility due to fog and confusion brought on by the high number of construction signs [...]

Man dies in New York wrong-way crashjames2014-11-18T00:00:00+00:00

Tinted windows lead to drug charges for New York man

Being accused of a drug crime is no laughing matter. Accusations of drug offenses can lead to an arrest or even a conviction that will cause the accused face the possibility of incarceration, fines and a criminal record.Recently, New York State Police arrested a man after pulling the vehicle he was riding in over for having tinted windows. The traffic stop occurred on Interstate 87. According to police a 41-year-old passenger allegedly gave them false identification information. Upon further inspection, police found what they claim to be crack cocaine - over 30 grams worth - on the man's person. At this point, police arrested the man, who allegedly resisted the arrest and tried to tear the bag that contained the alleged drugs. No one was harmed. The man was later [...]

Tinted windows lead to drug charges for New York manjames2014-11-14T00:00:00+00:00

Woman killed and husband injured in New York car crash

On Nov. 7, a 47-year-old New York woman was killed and her 49-year-old husband injured when their car was struck by a Chevrolet Tahoe traveling the wrong way down South Lexington Avenue. According to reports, the Tahoe struck the car as it was crossing an intersection and pushed it approximately 200 feet down the avenue, trapping the occupants inside of the car. The woman was in the back seat folding newspapers while her husband was at the wheel.The woman was pronounced dead at the scene. Her husband was taken to the hospital with reported internal and upper body injuries. The driver of the Tahoe, a 34-year-old New York firefighter, was off duty at the time of the crash. Authorities indicated that his blood alcohol level registered at .145 percent. Based [...]

Woman killed and husband injured in New York car crashjames2014-11-13T00:00:00+00:00

How is burglary defined in New York?

With the popularity of criminal dramas on TV and in movies, when one thinks of theft crimes, one of the first crimes that come to mind is burglary. However, what exactly constitutes the crime of burglary in New York?In New York, third-degree burglary is defined as the act of knowingly entering or unlawfully remaining in a building with the intention of committing a crime. Unlike popular perception, the building need not be a home - any building counts. Similarly, there need not be a forcible entry - just an unlawful one. Finally, the crime intended need not be a theft crime. Any crime will suffice. In New York, third-degree burglary is a felony crime.That being said, if the building in question is a dwelling or if the accused is armed [...]

How is burglary defined in New York?james2014-11-06T00:00:00+00:00

Dump truck driver involved in fatal New York accident

An Oct. 31 accident in New York resulted in the death of a 38-year-old man. The man was traveling on Route 90 when his car was struck by an oncoming dump truck, according to authorities. The dump truck, being driven by a 27-year-old man, was headed west when it crossed into the eastbound lane and collided with the victim's pickup truck head-on.The pickup truck driver was pronounced dead at the scene of the auto accident, and his 50-year-old male passenger was transferred to Cortland Regional Medical Center. He was treated and released after sustaining unspecified injuries. The dump truck driver was also taken to the same hospital and released after treatment of unknown injuries.On the day of the incident, police had not yet determined whether speed or impairment may have [...]

Dump truck driver involved in fatal New York accidentjames2014-11-04T00:00:00+00:00

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