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A DWI trend sure to become law in New York is if a driver has been charged and convicted of his or her second driving while intoxicated offense, any and all vehicles registered to that person will be forfeited for a period of six (6) months. If the offender’s vehicle is also used by a member of the same household, then the household member will need to post a bond of at least $1,000, which will be forfeited in the event that the DWI offender is found to be driving the vehicle.
Additionally, if a defendant has been convicted of his or her third DWI offense, all vehicles registered to that person will be impounded and sold with the proceeds going to the respective county’s DWI program.
Another trend in New York Law that seeks to amend current law is the leaving the scene of an accident without reporting it, after consuming alcohol or drugs within four (4) hours before the accident. This trend leans towards stiffer penalties for those involved in an accident while possibly intoxicated without exchanging information such as driver’s license and insurance information. If convicted, the driver will be found guilty of a misdemeanor and be required to pay a fine no less than $500 and sentenced to no less than three (3) months in jail.
DWI Trends Often Become Laws
Trends often become laws, and such is the case with a Drunk Driving law recently passed and signed into law by Governor Cuomo commonly known as Leandra’s Law. This particular legislation is designed ultimately to keep New York’s roads safer from drunk drivers by imposing strict penalties for those who drive while intoxicated with children in the vehicle. Specifically, if a driver is convicted of driving while intoxicated with a child 15 years old or younger in the vehicle, that driver is guilty of a Class E Felony. If the driver was the child’s parent or legal guardian, then the officer making the arrest is obligated to notify Child Protective Services or CPS. The law was expanded to enhance the penalties for those with previous DWI convictions who were issued conditional licenses, which allow previous offenders to drive to work, school, and medical appointments. Now, a driver who is convicted of a New York DWI while driving with a conditional license will now be guilty of a felony as well.
Additionally, the bill also limits the ways in which a court can waive the installation of interlock device. If the person swears under oath that he or she is not the owner of a motor vehicle and will not operate any vehicle during the period of the interlock restriction, then a court may waive the mandatory installation of an interlock device of a vehicle.
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