As DWI attorneys, we watch the news closely for DWI cases and associated rulings that could have some impact on legislation, as well as our defense strategies. We recently noticed a case that has led to much outrage, especially in the aftermath of the February ruling of Supreme Court Justice Michael Gary. Julio Acevedo killed a Brooklyn couple and their unborn child while they were on their way to the hospital due to complications with the pregnancy. Acevedo’s BAC registered 0.13 percent, .05% higher than the legal limit. Despite his arrest and incarceration, Justice Gary made a shocking ruling in February.
As of September 2012, major crackdowns in New York DWI laws have led to harsher punishments for convicted offenders, including the mandatory loss of driving privileges and more difficulty in reinstating those privileges, especially if you are trying to reinstate earlier than the original sentence allows. (This practice was formerly allowed if an offender completed the DMV’s drunk driving course.) Further, repeat offenders could expect the possibility of permanent driver’s license revocation. Despite the mandatory revocation laws, which apply to Acevedo’s case, Justice Gary refused not only to set bail, but also refused to revoke Acevedo’s license.
An ex-con whose criminal history would dictate potential life in prison for his current crime, Acevedo crashed his car into the livery cab carrying the young victims to the hospital at 60MPH, more than twice the legal speed limit on that particular road. He then fled the scene of the accident, leading to charges for fleeing the scene as well as negligent homicide.
The outrage in this case comes from the fact that he has not only not been charged with murder, but also because of the judge’s recent ruling. Justice Gary was aware that the license revocation at the time of arraignment was mandatory, yet he not only failed to enforce this law, he also stated that he did not believe he had to do it, and that if there was an issue, the court could correct him during the next hearing in April.
The DWI defense attorneys at Nave DWI Defense Attorneys do not condone the actions of offenders such as Julio Acevedo. We are, however, anxious to see the outcome of this case. Rarely does a judge go against the law in any case without good cause or a precedent. Even Acevedo’s own defense attorney was somewhat surprised by the ruling. We agree that the defendant, like any DWI offender, deserves a good defense and a fair opportunity to defend himself in court. Still, we cannot deny that this tragic event did not have to happen, and that too many of these tragic occurrences take place because there is far more legislative wrangling than actual intervention to reduce these crimes.
If you have been charged with a DWI in New York, contact Nave DWI Defense Attorneys today for a free and confidential case evaluation. Our Buffalo DWI Attorneys can assist you in understanding the law, the specifics of your case, and the potential consequences, as well as preparing a proper defense and negotiations in court.
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.