Several stories from around New York State this week demonstrate the various types of conduct prohibited by New York DWI laws. The cases also demonstrate the various DWI charges drivers may face if arrested for DWI. WIVB.com reports the first incident, which occurred in Brant, New York. 38-year-old Joseph Franey, from Derby, New York, was driving down route 5 when he was stopped by police offices for an equipment violation. Upon stopping Mr. Franey, officers allegedly observed that he was intoxicated. Officers also ran his license, and determined that he was driving with a license suspended due to a prior DWI conviction that occurred within the last ten years. Mr. Franey was arrested and has been charged with first degree unlicensed operation of the vehicle, as well as DWI.
The second DWI-related report occurred in Niagara County, involving the end stage of a DWI case. According to Buffalonews.com, 57-year-old Joseph A. Zajaczkowski, from Batavia, pleaded guilty to aggravated DWI charges under New York’s Leandra’s Law. Leandra’s Law is a New York DWI law that establishes penalties specifically for drunk driving with children in the vehicle. Mr. Zajaczkowski had been arrested on two DWI charges in December and March. In the March incident, Mr. Zajaczkowski had been driving with two 13-year-old children in his vehicle. Mr. Zajaczkowski is now awaiting his sentence, which could place him in prison for up to four years under the law.
Finally, the last DWI case this week provides a glimpse into a third type of DWI case, aggravated DWI charges due to a high blood alcohol content and prior DWI convictions. Uticaod.com reports that 43-year-old Andrea Colella was arrested and charged with aggravated DWI this week after crashing her vehicle in Dolgeville. Ms. Colella was arraigned and was released on bail. Ms. Colella was ultimately charged with multiple DWI offenses due to the fact that her BAC was allegedly over 0.18 percent, and the fact that she had a prior DWI conviction in the last ten years. She was also charged with refusing to submit to a field sobriety test.
The cases above demonstrate the wide variety of conduct that is prohibited under New York DWI law, and the factors that may increase the severity of charges for a DWI offense. Driving with a suspended or invalid license, driving with child passengers, prior DWI convictions, extremely high blood alcohol content, and refusing to submit to a chemical test are all acts that may result in heavy penalties and consequences.
If you have been charged with violating DWI laws, you should immediately contact an experienced attorney to review your case. New York DWI laws are extremely complex, and an experienced attorney will be able to understand the consequences of the charge against you, and can plan your defense. Call the experienced attorneys at Nave DWI Defense Attorneys today at 1-866-792-7800 for a confidential consultation.
Disclaimer: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.