After news reports of a New York Man spitting and kicking the police after he was pulled over for drinking and driving, it is a good time to reiterate a list of things to do and not do when you are pulled over for a DWI.

Do Not:
In this particular instance a 27 year old man “drove through a stop sign and struck a tree [and] later spit and kicked police during booking.” Typically, spitting and kicking are something you should always avoid, especially when dealing with police officers. The man faces DUI charges as well as accusations of interfering with police, refusing to be fingerprinted and two counts of assault on a police officer. Anytime you are pulled over and are arrested for a DWI it is in your best interest to reasonably cooperate with the police. Cooperation will help you avoid further charges.

Another good example of what not to do stem from last week’s news of Reese Witherspoon’s erratic behavior after her husband was arrested for suspected drinking and driving. According to NY Daily News, Witherspoon “invoked her celebrity status” and Witherspoon “questioned whether the officer was a real cop.” Witherspoon later went on record apologizing about the situation and the surrounding circumstances. However, the dash camera of the whole arrest landed on the internet earlier this week. (The Video: arrest of Reese Witherspoon for an example of what not to do).

Generally, try not to make excuses for your erratic driving, be argumentative or hostile.

Do:
Of court, the first tip is to never drive after consuming too much alcohol, or get a designated driver. But the reality is, most people have found themselves in a situation where they feel they are fine to drive, when in reality their Blood Alcohol Content is probably over the legal limit (0.08%), and they do not realize it. Therefore, if you see those flashing lights turn on behind you, pull over your car immediately, and use a turn signal to do it. Further, getting your license, registration and insurance card ready is always a plus.

Contact an attorney. If you have been recently charged with a DWI in Utica, it is in your best interest to fully understand the DWI penalties and laws. Further, the attorneys at Anelli Xavier, are experienced in the nuances of the New York DWI laws, and can help guide you through the seemingly intimidating legal process. Choosing the right attorney can help ensure your rights are fully protected and you are able to move forward with your life after the process is over. Call 315-775-2001 for your free case consultation today.

Stop DWI is an organization that promotes DWI prevention by coordinating with the New York community, including: “law enforcement, prosecution, probation, rehabilitation, public information, education and administration.” The program was created in 1981 and stands for “Special Traffic Options Program for Driving While Intoxicated.” STOP DWI’s mission is to “reduce the number of persons killed or injured in alcohol and other drug-related traffic crashes.”

In March, STOP DWI posted an article discussing drugged driving. As part of the effort they posted a YouTube video created by the New York Department of Motor Vehicles. The video stresses the importance of reading warning labels on your prescription medication because driving under the influence of prescription drugs can lead to the same consequences as drinking and driving.

STOP DWI also has a section on their website that provides the “Consequences & Costs” of a DWI. Although the DWI laws can seem complex and detailed, they provide a very basic explanation of the possible financial cost to offenders. First, they explain that there are fines for alcohol offenses range from $300 to $10,000. Additionally, court costs are added to that. (“Range from $260 for conviction of DWAI, a violation, to $520 for a Felony offense”).

In some cases you may pay fees for a “Driver Responsibility Assessment” and typical re-issuing a license fees. In other cases you may have to pay separate fees for a conditional license, entry into a NYS Drinking Driver Program, and in some cases a treatment program. If at any time you are “referred for alcohol and substance abuse evaluation, each offender is responsible for the cost of treatment not covered by insurance.” Read More »

One DWI case in particular got New York buzzing. More than ten years ago a man killed a woman in an alleged hit and run drunk driving incident. UticaOD reported that the after that incident “police lacked enough evidence to show [the man] was driving drunk” but has since received three DWI arrests and is now facing his fourth.

After the accident that resulted in death he was sentenced to five years probation and 12 weekends in jail. After that, the man was “arrested two more times for DWI less than three years later.” He received one to three years in prison from those charges. A few years after his two DWI arrests he received a third but was not convicted. Now facing another DWI arrest (his fourth) the prosecutor stated that “his case has been referred to the District Attorney’s office to determine if he can be charged with more serious felony DWI charges.”

The family of the victim followed the man’s behavior ever since the accident and is asking “what’s it going to take to get him off the street?” Their concerns stem from whether or not it will take him killing another person in a drunk driving before he is completely off the road. This concern is a familiar one and a “constant frustration” for the public.

Utica DWI laws often have several consequences including loss of your driver’s license, heavy fines, court costs, probation, ignition interlock devices, and sometimes even jail or state prison. The DWI laws vary and can even result in one to seven years in prison depending on the circumstances. However, “no matter how many alcohol-related arrests someone might have a number of factors and setback can result in those charges being reduced or dismissed.”

The fact that DWI laws and punishments change and vary depending on the circumstances several families become outraged when they watch certain people get one DWI arrest after the next with no jail time. Oneida County Assistant District Attorney Steven Feiner stated that “you can only give somebody a break so many times until you say enough is enough…but you’re the only one who can help yourself.” Read More »

The Standardized Field Sobriety Test (SFST) is used by police officers in all 50 states in traffic stops to make DWI arrest decisions. The same is certainly true in Utica. The SFST is the standard pre-arrest procedure for evaluating DWI by most law enforcement agencies today. The SFST consists of a battery of three tests which are administered and evaluated in a standardized manner to obtain valid indicators of driving impairment and establish probable cause for arrest in DWI cases. These three tests are: (1) horizontal gaze nystagmus (HGN); (2) walk-and-turn; and (3) one-leg stand.

Horizontal gaze nystagmus (HGN) is an involuntary jerking of one’s eye that occurs naturally as the eyes gaze to the side. Under normal conditions, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. There are more consistent changes in HGN that arise as a person becomes more alcohol-impaired. Alcohol-impaired persons also have trouble tracking moving objects. In a typical HGN test, a police officer will observe the eyes of a driver as they follow a slowly moving object horizontally. The officer will generally conclude that the driver is alcohol-impaired if they cannot follow a moving object smoothly and if there is a distinct jerking of the driver’s eye at an angle.

The walk-and-turn test is easily performed by most unimpaired people. The test requires drivers to listen and follow directions while performing simple physical movements. When a driver is impaired, the driver will have trouble performing tasks that require their attention to be divided between simple mental and physical exercises. A police officer will usually find that a driver is impaired if the driver cannot maintain their balance during the test, the driver stops while walking to regain their balance during the test, the driver steps off the line or if the driver takes an incorrect amount of steps during the test. Also, if the driver fails to touch their heel to their toe or makes improper turns during the test, the police officer will declare them alcohol-impaired. Read More »

The number of celebrities arrested and charged with a DWI each year is astounding. You can Google the topic and find their mugshots and case details plastered all over the internet. The reality is that the rich and famous are often no different than the rest of the community–DWI can affect anyone. Also, just as with our community, many individuals are repeat offenders. But many have noticed that celebrities facing DWI often find themselves spending little to no time behind bars, having the charges dropped altogether, getting excellent plea bargains, or going into posh rehab facilities. Many do face probation requirements, but its hard to ignore the fact that having a famous face and name is often enough for leniency that other DWI offenders in the real world are not often privy to.

One of the key differences is that celebrities always ensure that they have top-notch legal teams at their sides demanding that their best arguments are brought forward at every step of the way in the criminal matter. Make no mistake: there is a world of difference between going into a case alone, and going in with an experienced legal advocate protecting your rights. Read More »