June, 2017 - Braunfotel and Frendel

Penalties increase with subsequent DWI/DWAI violations

New York state police recently arrested a man in Hampton Bays because he failed to keep in the right lane. The driver appeared to be intoxicated, and he was taken to the state police barracks at Riverside. His blood alcohol content was measured at .12%, and he was charged with Driving While Intoxicated (DWI.) At this point, the case was unremarkable, but further investigation revealed that the driver had a prior conviction for DWI. Thus, the new violation became a felony. The case demonstrates how a driver's past record for drunk driving can follow him or her for many years.New York law increases penalties for DWI or Driving While Ability Impaired by a drug (DWAI) if the driver has one or more prior DWI or DWAI violations within a previous [...]

Penalties increase with subsequent DWI/DWAI violationsjames2017-06-29T00:00:00+00:00

How to spot Rocky Mountain Spotted Fever

Rocky Mountain Spotted Fever is a tick-borne illness spread by a bacterium called Rickettsia rickettsii. Experts say that the Brown Dog, American Dog and Rocky Mountain Wood ticks are mostly responsible for infecting people. New York residents should be aware that cases of the potentially fatal condition have been reported throughout North America. However, 60 percent of reported cases have been in states such as North Carolina, Tennessee and Arkansas.One of the challenges in diagnosing Rocky Mountain Spotted Fever is that initial symptoms don't necessarily make it easy to diagnose. While it may be easier to diagnose if a person knew that he or she was bitten by a tick, most people are unaware that they have been bitten. Symptoms of the condition generally include fever, headache and lack of [...]

How to spot Rocky Mountain Spotted Feverjames2017-06-26T00:00:00+00:00

Drugs allegedly cause accident that kills elderly couple

Drunk driving is a familiar cause of horrific traffic accidents in New York City and its suburbs, but the connection between drug usage and car accidents is not as well-known. A recent two-car accident in Rockland County that police have blamed on the alleged abuse of prescription drugs may help people realize that being charged with driving while under the influence of drugs, even prescription drugs, can have equivalent consequences to being accused of drunk driving.A couple in their late 60s who had been married 47 years were returning home from Sunday brunch when their Toyota Camry was struck by a Lincoln MKV SUV at the intersection of Goebel Road and Route 304 in New City. The driver of the Camry was declared dead at the scene. His wife was [...]

Drugs allegedly cause accident that kills elderly couplejames2017-06-22T00:00:00+00:00

Checks to identify the correct patient

People in New York may have heard of major medical errors, such as giving someone the wrong dosage. However, a common but sometimes less visible error is mixing up patients. This can mean that information about one patient might be documented in the records of another patient, or there might be a mixup when submitting samples.One way to reduce the likelihood of mistakes is to have multiple layers of checks. Many procedures in the medical field include these checks, and this can be used to make sure patients are correctly identified as well.For example, the Joint Commission, which accredits and certifies health care facilities, has mandated that a minimum of two patient identifiers should be used. The U.S. Air Force Medical Service reported that using one method, a Common Access [...]

Checks to identify the correct patientjames2017-06-21T00:00:00+00:00

Liability insurance for amusement ride manufacturers

People who enjoy visiting New York amusement parks may have also heard about some serious accidents. For example, in May, a 10-year-old boy in California was thrown off a water slide at the park's grand opening. He did not suffer any serious injuries, but it was necessary to close down some areas in the park.A more serious incident occurred in 2016 in Kansas when a child was killed on a water ride. While the settlement was not disclosed, it was believed to be about $20 million. Both the owners and operators of the ride and the manufacturer of the raft in the ride were found financially liable.Such incidents are rare, but manufacturers may carry insurance policies that cover these types of accidents. There may be general liability, excess liability and [...]

Liability insurance for amusement ride manufacturersjames2017-06-20T00:00:00+00:00

Prep school staff member runs up $400,000 on school credit card

Credit cards, especially cards issued to businesses for use by their employees, are frequent targets for theft or larceny. An administrative assistant at an exclusive prep school in New York City has been arrested and is facing criminal charges for using a school-issued credit card to purchase luxury goods and $150,000 in gold bullion.The employee was an administrative assistant at the school who reported to the director of fund raising. Ironically, her job was monitoring the school's credit card accounts. She is charged with using the school's credit card to purchase gold bullion and several hundreds of thousands of dollars' worth of clothing and jewelry. Among the allegedly illegal expenditures was a trip to Los Angeles. The district attorney's office is still investigating an additional $50,000 in alleged thefts.Most of [...]

Prep school staff member runs up $400,000 on school credit cardjames2017-06-15T00:00:00+00:00

Alcohol and drug-related driving offenses in New York

Driving an automobile while under the influence of alcohol or drugs is a crime in New York. The severity of the crime and its punishment in the criminal law system depends upon the amount of alcohol (or drugs) in the driver's blood at the time of the arrest.The most common crime involving drunk driving is Driving While Intoxicated (DWI). A blood alcohol content of 0.08% is the minimum threshold for conviction. Aggravated DWI is defined as operating a motor vehicle with a BAC of 0.18 or higher. A BAC level of 0.5 to 0.7% is the threshold for Driving While Ability Impaired (DWAI). Driving while a person is impaired by either a single drug or a combination of drugs and alcohol is a crime, but the law does not prescribe [...]

Alcohol and drug-related driving offenses in New Yorkjames2017-06-08T00:00:00+00:00

Safe lifting practices for New York workers

Employees can sustain serious injuries while incorrectly lifting and carrying objects at the workplace. In fact, about a quarter of all work-related injuries involves the improper manual handling of items, according to the National Safety Council. Thus, it is crucial that employees receive safety training so they can learn how to safely lift and carry heavy objects.Common occupational injuries related to the mishandling of materials include cuts, bruises, fractures and sprains and strains, particularly to a person's back. While the NSC stated that there are no fail-safe rules for safe lifting, the agency does recommend several tips for employees who do a lot of lifting and carrying at the worksite.While lifting objects, workers should avoid twisting their backs or bending sideways. Attempting to lower or lift an object while in [...]

Safe lifting practices for New York workersjames2017-06-06T00:00:00+00:00

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