If you have been arrested for driving while intoxicated (DWI) in New York, there are some facts you need to know. In New York, DWI cases can be brought under one of two legal theories – DWI “per se” law, which is solely based on alcohol level, not driving impairment, and common law, where the prosecutor must prove that the defendant was intoxicated.
When it comes to the common law theory, the DWI accusation can be based on the opinion of the arresting officer and does not require a blood alcohol level (BAC) reading. The arresting officer may conclude that a driver is intoxicated if he or she shows an inability to operate a motor vehicle as a reasonable and prudent driver.
A DWI conviction in New York not only may result in a criminal offense, which will go on the driver’s criminal record, it will also cause driving privileges to be suspended. There are also fines associated with DWI offenses in New York and possible jail time. The punishment will depend on whether the DWI arrest was for a misdemeanor or felony. A felony drunk driving conviction can result in time spent in state prison.
If you have been accused of DWI, you should consult with a New York DWI lawyer immediately. There are drunk driving defenses available and many drivers are wrongfully accused of DWI. Contact an experienced DWI attorney today at 888-DWI-Answer.com.
Stephen Goodfriend was appointed as the new coordinator for Madison County’s STOP DWI program.
STOP DWI, which stands for Special Traffic Options Program for Driving While Intoxicated (D.W.I.), was developed by New York State government on July 31, 1981. According to Madison County’s website, “this law became effective on November 28, 1981 and provided for the return of fine monies for drinking and driving violations to the counties in which they occurred, provided that those counties established a ‘STOP-DWI’ program.” The mission of the STOP-DWI program is to "provide a plan for coordination of county, town, city, and village efforts to reduce alcohol-related traffic injuries and fatalities."
As the STOP DWI coordinator for Madison County, Goodfriend is charged with the tasks of analyzing DWI statistics and assisting local law enforcement with DWI-related issues, which may include training sessions or purchasing new breathalyzers. In addition, he is involved in local education, including Students Against Destructive Decisions programs and the Victims’ Impact Panel.
Madison County’s STOP DWI Program also helps fund a DWI patrol, helps fund an Assistant District Attorney who prosecutes misdemeanor DWI arrests in Madison County, provides funds for community awareness and education presentations and assists with the purchase, repair and caliberation of equipment used in DWI enforcement.
Approximately $145,000 to $170,000 in DWI arrest-related fines collected in Madison County goes back into STOP DWI initiatives, which Goodfriend said is something unique to New York.
Goodfriend said that DWI arrest in Madison County is typically hard for an officer to make.
A New York State police investigator was charged last Friday, February 6, 2009, with driving while intoxicated, DWI. He is known for his involvement with the Great American Irish Festival in the local community, which was confirmed by state police on Monday.
In New York, DWI is defined as having a blood-alcohol content (BAC) of at least 0.08 percent. The penalties for a DWI conviction in New York include the loss of driving privileges, fines, and a possible jail sentence. A driver convicted of first time DWI offense in New York may have to pay a fine of up to $1,000 and may have to serve up to one year in jail.
Matthew Sullivan is facing DWI charges in New York. He was suspended with pay pending an internal investigation, said state police Lt. Glenn Miner, a spokesman based out of Albany.
He was arrested for DWI by another member of the state police, said Miner. According to police records from Friday night, Sullivan was arrested on Rt. 12 in the Town of Trenton, said an Oneida County Sheriff’s deputy. The details behind Sullivan’s DWI arrest have not been released.
Sullivan is a police investigator who works in the Troop D area based out of Oneida. He is also the president of the annual Irish Festival and a 2007 recipient of the Accent on Excellence award for local community leaders.
Troop D Public Information Officer Trooper Jim Simpson was able to confirm that Sullivan is the Great American Irish Festival president, but directed any further questions regarding Sullivan’s arrest to the Albany office.
Sullivan declined to comment when he was contacted by a news reporter.