Leandra’s Law, also known as the Child Passenger Protection Act, is a New York law aimed at enhancing the safety of young passengers and deterring drunk driving. Enacted in November 2009, the law was named after 11-year-old Leandra Rosado, who tragically lost her life...
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Dui
Not everyone has the same BAC limit in New York
Many people think of a blood alcohol concentration (BAC) of 0.08% as the limit that they need to be aware of. When they drive, they can’t be over this limit or they would be in danger of arrest. This is true, but the BAC laws in New York are much more nuanced than...
Can you quickly reduce alcohol impairment before driving?
There are many cases where people realize that they need to drive, but it’s already too late to avoid alcohol consumption. They are impaired, but they don’t want to run the risk of being arrested for drunk driving. What they’ll try to do is quickly sober up. Maybe...
Are you allowed to avoid a sobriety checkpoint?
Even if you’re not under the influence, you certainly may not want to go through a sobriety checkpoint. You may just not enjoy interacting with the police. You may be concerned that you could say the wrong thing and wind up getting arrested, even though you didn’t...
When can you challenge a sobriety test in New York State?
Driving under the influence of drugs or alcohol is a serious offense in the Empire State. Field sobriety tests (FSTs) are a customary technique used by law enforcement to assess a driver's level of intoxication during a traffic stop. While these tests can provide...
2 mistakes that you should never make during a DUI stop
Drunk driving is a serious offense with far-reaching personal and legal implications if you are convicted. Even if you are not caught, drunk driving is a serious safety risk to yourself and other road users. Whatever you do, do not operate a vehicle under the...
Will you get fired over a DUI conviction?
If you get pulled over because the police suspect that you are driving under the influence, your first concern is likely that you are going to get arrested. You may have to call someone and have them pick you up. It can damage your reputation, and you may end up...
Should you accept a plea deal if you are charged with DUI?
Whether it is your first or third, a drunk driving charge can set you up for a lot of uncertainties. If you are formally charged with driving under the influence, you understandably want to do everything in your power to get out of trouble and move on with your life....
What leads police officers to suspect drunk driving?
Reasonable suspicion is a legal standard that allows law enforcement officers to initiate a stop or conduct a brief investigation. This must be based on specific and articulable facts, that a person has been, is or is about to be engaged in criminal activity....
How to challenge field sobriety tests
When a driver is stopped on suspicion of driving under the influence (DUI) of alcohol, the police may use field sobriety tests (FSTs) to assess balance, coordination and ability to pay attention to more than one task. The results of these tests can be used as evidence...