New Windsor Criminal Law Blog

New York's Leandra's Law, which went into effect in 2009, has created stiff penalties for people convicted of DWI. The law has had a significant impact on New York drivers, with 1,400 related arrests since the enactment of the law.

The Push to Widen the Impact of Leandra's Law

Mothers Against Drunk Driving has recently called for every state to follow New York's example. MADD would like to see all states implement the Child Passenger Protection Act, better known as Leandra's Law, to heighten punishment for people convicted of driving drunk with a child passenger.

If Leandra's Law becomes the national standard, DWI law in every state but four - New York, Arizona, Oklahoma and Texas - will change considerably. The modification would mean more severe and stringent penalties for people convicted of drunk driving, whether the offense is the first or the driver has previous convictions.

Many who face charges of driving while intoxicated believe that they have little choice but to plead guilty if the Breathalyzer results show that they had a blood alcohol content higher than the legal limit. However, such tests are not infallible; sometimes police officers make mistakes. In May of last year, the Philadelphia District Attorney's office announced that almost 1,500 people who were arrested on charges of DWI between September and November 2009 would have the opportunity for a new trial. The D.A.'s announcement of its decision came six weeks after the Philadelphia Police Department admitted that officers had improperly calibrated four of its Breathalyzer machines during that time.

Defense attorneys have noted that the court has responded favorably to requests for new hearings so far. In cases that were pending at the time of the D.A.'s office's announcement, the D.A.'s office stated the prosecutor would not be allowed to introduce breathalyzer results into evidence at trial.

An opportunity for a new trial does not necessarily mean that the court will reverse the defendant's conviction. The prosecutor still could have the arresting officer testify about the defendant's behavior that gave the officer probable cause to stop the defendant, such as swerving on the road, and give testify about the defendant appearing "generally impaired" by having slurred speech, an unsteady gait or a strong smell of alcohol about him or her.

A short time ago New York State passed a new Vehicle and Traffic law that requires motorist to move over for a police vehicle that is on the side of the road or risk a 2 point moving violation ticket plus a fine and surcharge.  This law as of January 1^st, 2012 will expand to also apply to any official emergency vehicle on the side of the road, including ambulances, Department of Transportation, and other state and county transportation vehicles.  The law states that if you are not able to move over, that you are required to slow down. 

In addition, distracted driving (texting while driving) has changed from being a secondary offense, meaning drivers can only be ticketed for texting if an officer or trooper pulls them over for a primary offense like speeding or failure to signal, etc.  The new law makes distracted driving a primary offense and increases the penalty from 2 points to 3 points as well as increasing the penalty for using a cellphone without a hands-free device while driving to 3 points.

Snowmobiling is popular winter pastime for New Yorkers. The state has over 10,300 miles of trails that stretch across the state, 1,000 of which run through state forests. Many snowmobilers drink before or even while hitting the trails, in an effort to ward off the cold weather or because they think it makes the ride more fun. However, in New York it is illegal to drive while intoxicated or under the influence of drugs on a snowmobile just like it is illegal to do so in a car and there are stiff penalties for mixing alcohol and snowmobiling.

New York DUI Law for Snowmobiles

New York law prohibits those with a Blood Alcohol Content (BAC) of 0.08 percent or higher from operating a snowmobile. The state can charge a person with a Snowmobiling While Intoxicated (SWI) for doing so. Additionally, if a snowmobiler has a BAC of 0.06 to 0.07 percent and exhibits evidence of intoxication, he or she may face charges of Snowmobiling While Ability Impaired (SWAI). Finally, if a person uses illegal drugs then operates a snowmobile, police could arrest him or her for Snowmobiling While Ability Impaired - Drug (SWAI - Drug).