January, 2015 - Braunfotel and Frendel

Repeat drunk driver leaves New York man dead in crash

The surviving family of a 19-year-old man killed in a car accident in Syracuse, New York, has learned that the driver of the other vehicle was a repeat drunk driving offender. Syracuse police reported that the 38-year-old male driver of the 2002 Chevrolet Silverado that hit the young man's car was under the influence at the time of the accident on Hiawatha Boulevard West.A year earlier, records show that the same man had been charged with a felony DWI and driving with a 0.08 blood alcohol count. He now faces new charges that include first-degree vehicular manslaughter and first-degree vehicular assault.The accident that claimed the young man's life happened at about 9:25 p.m. as the victim left a mall parking lot with his 18-year-old girlfriend. Their 2002 Toyota Camry was [...]

Repeat drunk driver leaves New York man dead in crashjames2015-01-30T00:00:00+00:00

Will New York’s criminal responsibility age go up?

Readers of this criminal defense blog may not be aware that currently, only New York and one other state set the age at which a person can be held criminally responsible as low as 16. However, a proposal has been made that aims to change New York's age of criminal responsibility.New York's Governor Cuomo has proposed that the age at which a person can be held criminally responsible increase. Right now, a person who is 16 years old or older can be held criminally responsible. Under the governor's proposal, the age gradually would increase to 18. The law would be phased in over time. In 2017, the age would be increased to 17 and then in 2018, the age would increase to 18.The governor reported several reasons for the proposed [...]

Will New York’s criminal responsibility age go up?james2015-01-28T00:00:00+00:00

What are the penalties for drunk driving for commercial drivers?

Semi-trucks, buses and other commercial vehicles travel down New York's streets and highways everyday. It is an essential part of commerce in the state and across the nation. Driving these types of vehicles takes special care and skill, and usually drivers must hold a Commercial Driver License. However, did you know that the penalties associated with drunk driving are stricter for those who hold a commercial driver license, as compared to drivers of standard automobiles?First of all, it's important to note that the legal blood alcohol content level for commercial drivers is 0.04 percent, as compared to 0.08 percent for drivers of standard automobiles. The penalties associated with drunk driving are similarly stricter.For example, a commercial driver's first-time conviction of driving while intoxicated or driving while ability impaired will result [...]

What are the penalties for drunk driving for commercial drivers?james2015-01-24T00:00:00+00:00

Distracted driving facts

Distracted driver are at fault for a lot of the fatal and nonfatal crashes that take place each year in New York and around the country. Statistics reveal that every day, an average of nearly 10 people die in the United States after being involved in a distracted driving accident. Well more than 1,000 people are also injured in these kinds of accidents on an average daily basis.Distracted driving is the act of driving while performing another activity that requires a fair amount of attention. Examples include driving while eating, texting or talking on a cellphone. While performing a secondary activity, a driver may become visually, manually or cognitively distracted. Texting while driving, an act that is subject to penalties in New York, is one of the most dangerous forms [...]

Distracted driving factsjames2015-01-19T00:00:00+00:00

What is larceny by false promise under New York law?

There are several forms of larceny in New York, all of which carry legal penalties if a person is convicted on a charge. One such form is larceny by false promise.There are several elements of larceny by false promise. The first element is a plan to defraud another person. Second, the alleged perpetrator must obtain the property at issue by expressly or implicitly representing that either he or another person will perform a certain act. Third, it must be shown that the defendant had no intention to complete the aforementioned act or have a third person do so.Additionally, when it comes to prosecuting a charge of larceny by false promise, the defendant's intent cannot be proven solely by demonstrating that the act was not performed. Intent can only be proven [...]

What is larceny by false promise under New York law?james2015-01-16T00:00:00+00:00

Young man dies beneath car of unlicensed New York driver

A 27-year-old golf instructor at the Plainfield Country Club died Saturday night in New York City around 7:45 p.m. Police reported that he was hit by a Mercedes SUV after entering the intersection of East 62nd Street and Lexington Avenue on foot. Also in his company was a 30-year-old woman.The accident resulted in the pair becoming lodged beneath the vehicle. After they were transported to an area hospital, the death of the man was made official. The hospital indicated that the injured woman was in stable condition. The 45-year-old male driver of the Mercedes received a ticket for operating a vehicle without a license. The police investigation of the accident continues.The deceased man had been hired only a year earlier as the director of instruction at the country club. His [...]

Young man dies beneath car of unlicensed New York driverjames2015-01-14T00:00:00+00:00

Those accused of drug offenses deserve a strong defense

Being charged with a drug crime in New York should not be taken lightly. Whether the charges are for mere possession of a small quantity of drugs or for more serious crimes such as drug manufacturing and trafficking, a conviction for a drug crime can have lifelong consequences in the form of a permanent criminal record.Illegal drugs can include prohibited substances such as cocaine, heroin, marijuana, crack cocaine or illegally obtained prescription drugs or steroids. Some drug crimes carry with them heavy penalties, including fines and incarceration. But even convictions on some lesser drug charges can still result in undesirable outcomes to those accused. In fact, even the mere accusations of drug crimes can jeopardize a person's reputation and his or her standing in the community. If you are accused [...]

Those accused of drug offenses deserve a strong defensejames2015-01-09T00:00:00+00:00

New York wrong-way crash kills 1

One person was killed and another seriously injured in a wrong-way crash in Sullivan County on Dec. 28. At the time of reporting, police were investigating the accident to determine factors that may have caused the crash.The New York State Police reported that the wrong-way fatal auto accident happened on State Route 17 in the town of Mamakating about a quarter mile east of exit 113. A Hyundai Sonata, driven by a 24-year-old Montgomery man, was traveling east on the westbound lane of State Route 17 when it collided head-on with a 2006 Volkswagen driven by a 24-year-old Vestal man.The driver of the Hyundai died as a result of the injuries suffered from the crash. The driver of the Volkswagen suffered non-life-threatening injuries in the collision and was airlifted to [...]

New York wrong-way crash kills 1james2015-01-06T00:00:00+00:00

Woman arrested on felony drunk driving charge

When a person in New City and the surrounding area is charged with felony drunk driving, there are many issues that he or she will have to consider moving forward in order to formulate a defense. Being charged with DWI carries with it significant ramifications that will affect a person's life for an extended period of time, if there is a conviction. It's important to know how to craft an effective defense, no matter the circumstances, including one's BAC level, field sobriety test results and history of prior convictions.A 51-year-old woman recently was arrested on felony drunk driving charges and driving without a license. Police were called on a report of a woman behaving suspiciously. They found her walking in the roadway near where her car was located. The woman [...]

Woman arrested on felony drunk driving chargejames2015-01-02T00:00:00+00:00

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