Re-Cap: Herbowy’s DWI Charge

In a story we posted last month about Taras Herbowy, 71 – the, now former, director of Utica’s Municipal Housing Authority – it was reported that he was cited for driving while intoxicated (DWI) by New Hartford police. He and an unnamed woman are said to have got into a verbal altercation at the Valley Brook Lounge in early June of this year. After the woman allegedly bit his ear, Mr. Herbowy is claimed to have left the lounge in his vehicle.

He was pulled over by police for an unsafe lane change. Law enforcement conducted a chemical test and alleged Mr. Herbowy’s blood alcohol content (BAC) registered at 0.09 percent – which is 0.01 above the legal limit in New York State.

New York DWAI Charges Court Appearance: Herbowy’s DWAI Guilty Plea An article posted on this week reports that Mr. Herbowy appeared in court on July 2, 2013 for the aforementioned DWI charge from June 8, 2013. He entered a guilty plea to driving while ability impaired (DWAI) – which is a lesser offense than a DWI.

Mr. Herbowy’s license was suspended for a 90-day period. The court ordered that Mr. Herbowy must pay $760 in fines and other charges, he must also go to a victim impact panel and carry on with alcohol evaluation.

Mr. Herbowy’s attorney refuted implications that his client received any type of special treatment. He also pointed out that this was his first alcohol-related brush with the law.

Earlier this year, Mr. Herbowy was alleged to have been involved in an unrelated altercation with the Housing Authority’s Chairman of the Board, David Williams. After that late-March altercation, Mr. Herbowy was suspended as the Director of Utica’s Municipal Housing Authority. Housing Authority officials did not confirm whether the suspension stemmed from the work-related dispute. On Monday, July 1, 2013 – the day before Mr. Herbowy’s DWI court appearance – the Housing Authority’s Board unanimously fired him.

DWI versus DWAI
The New York State Department of Motor Vehicles lists the differences between a DWI and DWAI as well as other alcohol and drug driving violations. The driving violations can generally be summarized as follows:

DWI – Driving while intoxicated
DWI is a crime in the state of New York. A DWI is a misdemeanor. Penalties include: loss of driving privileges, the imposition of monetary fines and may also involve incarceration. If the operator of a vehicle has a BAC that registers at 0.08 percent or higher that individual is considered to be driving while intoxicated.

A first offense DWI carries a mandatory fine ranging from $500 to $1,000, a maximum jail term of one year and a license revocation of at least six months.

DWAI – Driving while ability impaired
DWAI is a traffic infraction in the state of New York. There are three different types of DWAI:

1. DWAI – ability impaired by alcohol
2. DWAI – ability impaired by a drug
3. DWAI – ability impaired by a combination alcohol/drugs

Penalties for DWAI also involve: loss of driving privileges, the imposition of monetary fines and the possibility of jail time. However, the penalties are not as severe as the DWI penalties.

The mandatory fine for a first offense DWAI (alcohol) ranges from $300 to $500. The maximum jail term is 15 days and a 90-day license suspension.

Utica DWI Attorney
At Nave DWI Defense Attorneys our legal team’s sole focus is DWI defense. We are experienced and dedicated to our clients and their best interests. If you received a DWI in Utica, New York or anywhere in the state of New York – contact Nave DWI Defense Attorneys today.

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.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.