February, 2015 - Braunfotel and Frendel

Protecting your future against drunk driving charges

One of the most serious traffic offenses one can face in New York is driving while intoxicated. You may not even know why you have been pulled over until the police officer asks you to submit to a breath test or a field sobriety test. Once this happens, you may wonder what your rights are.For example, police must have reasonable suspicion to pull you over in the first place. Were you swerving? Driving too fast or too slow? Were you involved in a car accident? Or were you doing nothing illegal at all? These issues are very important when it comes to a traffic stop. The lack of reasonable suspicion canresult in dismissed charges.In addition, it is important that any field sobriety tests performed are accurate. This ensures that the [...]

Protecting your future against drunk driving chargesjames2015-02-25T00:00:00+00:00

New York man pleads guilty to manslaughter in fatal 2013 accident

Court officials in New York said that on Feb. 20, a Patchogue man pleaded guilty to manslaughter in connection with a fatal 2013 accident. Representatives from the Suffolk County District Attorney's Office said that the man, now 48, drove after using drugs, resulting in a collision that killed one person and injured another.The accident occurred in January 2013 in Sayville. The 48-year-old man was traveling on Montauk Highway when he struck a vehicle carrying two people head-on. That car's 82-year-old driver, a West Islip man, died as a result of the accident. His 79-year-old passenger, an Oakdale woman, suffered serious injuries.Police said that the man had used PCP, morphine and other drugs before getting behind the wheel of his vehicle. He was indicted for second-degree murder by depraved indifference, aggravated [...]

New York man pleads guilty to manslaughter in fatal 2013 accidentjames2015-02-25T00:00:00+00:00

Further exploring the crime of arson in New York

A couple weeks ago, this blog discussed fifth, fourth and third-degree arson in New York. Today we are going to take a look at the laws regarding second and first-degree arson, which can be found in New York penal code article 150.According to New York law, an individual commits second-degree arson if the person purposefully sets fire to a motor vehicle or a building. In addition, there must be a second individual - who is not a part of the criminal scheme - inside the vehicle or building when it is set on fire. Also, the individual who allegedly commits the crime must know or reasonably should know that there is a second person inside the vehicle or building. Second-degree arson in New York is considered a class B felony.Finally, [...]

Further exploring the crime of arson in New Yorkjames2015-02-20T00:00:00+00:00

New York bus driver arrested after hitting pedestrian

The Metropolitan Transportation Authority in New York had a 58-year-old bus driver arrested under the requirements of administrative code 19-190 on Feb. 13. The city law makes injuring or killing a pedestrian or bicyclist a criminal misdemeanor.Police said the bus driver was charged in the injury of a 15-year-old girl whose left leg became pinned under his bus when it hit her while she crossed Grand Street in Williamsburg. The bus had been headed south on Union Avenue when it turned left on Grand Street. The girl was struck at that point. Authorities reported that her leg injury was severe when she went to the hospital.Before administrative code 19-190 came into effect, vehicle accidents with bicyclists or pedestrians had usually been treated as traffic violations. A representative from the MTA [...]

New York bus driver arrested after hitting pedestrianjames2015-02-19T00:00:00+00:00

What are the schedules of controlled substances in New York?

When it comes to drug charges, police need to determine what schedule of controlled substances they allegedly uncovered. This will dictate the type of charge and penalty the accused will face. According to New York Public Health Law section 3306, there are several schedules of controlled substances. Schedule I controlled substances include certain types of opiates, opium derivatives, hallucinogenic substances, depressants and stimulants. For the purposes of this law, all substances following under one of these categories by whatever name they may be called will be considered schedule I controlled substances.Schedule II controlled substances include certain types and preparations of opiates and depressants not listed in another schedule of controlled substance, certain types of hallucinogenics, coca leaves, parts of the poppy plant and anabolic steroids. If these drugs are specifically [...]

What are the schedules of controlled substances in New York?james2015-02-12T00:00:00+00:00

Workers in many industries face vibration hazards

New York workers in manufacturing, construction and even transportation face a particularly dangerous and pervasive risk everyday. Regular exposure to vibration can lead to a variety of painful conditions, including carpal tunnel and chronic back pain. These conditions are common causes of lost work and workers' compensation claims. While vibration may be difficult to eliminate completely, it can be managed. With focused effort, employers can reduce vibration exposure and subsequently reduce the amount and severity of workplace injuries.There are two common types of injuries related to vibration exposure. One is known as hand-arm exposure. It comes mainly from the consistent use of handheld tools that have a vibrating effect. The hand and wrist are made up of many tiny bones. The hand is also dependent on blood flow through a [...]

Workers in many industries face vibration hazardsjames2015-02-11T00:00:00+00:00

What constitutes the crime of arson in New York? Part one

Property crimes are varied, but in general include burglary, trespass and arson. We've looked at the crime of burglary in the past. Today we are going to take a look at the crime of arson.Arson, in New York, can range from a fifth-degree crime all the way to a first-degree crime. An individual commits fifth-degree arson if he or she purposely causes damage to another person's property without that property owner's permission by deliberately causing an explosion or igniting a fire. Fifth-degree arson in New York is considered a class A misdemeanor.The crime grows more serious from there. An individual commits fourth-degree arson if he or she recklessly causes damage to a vehicle or a building by purposely causing an explosion or igniting a fire. However, there is a defense [...]

What constitutes the crime of arson in New York? Part onejames2015-02-06T00:00:00+00:00

Impaired drivers threaten New York motorists

The safety of motorists on the roadway is often threatened by the unpredictability and poor judgment of an impaired driver. The Centers for Disease Control and Prevention emphasizes the dangerous effects that driving while under the influence of drugs and alcohol have on the general public. As little as one alcoholic drink can affect a driver's ability to operate a vehicle with the expected standard of care necessary to avoid endangering others. Though accidents caused by impaired drivers can happen to anyone, certain groups, such as young people or those with a history of DWIs, tend to be at a higher risk of being involved in one.Laws exist to reduce the number of incidents of car accidents caused by impaired driving. Despite these laws, however, personal injuries and fatalities continue [...]

Impaired drivers threaten New York motoristsjames2015-02-03T00:00:00+00:00

Tell Us How We Can Help

Our Office Location