The holiday season can be a time of merriment for those in New York, especially if they plan on attending New Year’s Eve festivities in Times Square or watching the show on television at a party. At the Law Office Of Scott G. Cerbin, Esq., PLLC, we understand that for many, New Year’s Eve doesn’t always end as planned. You may wake up on New Year’s Day facing drunk driving charges.
You may be well aware of the dangers of drinking and driving in New York. However, you may not realize that taking drugs before you get behind the wheel is also dangerous.
If you face vehicular assault charges in New York, this is a serious matter indeed. The New York State Senate explains that vehicular assault is a felony wherein you allegedly caused someone serious physical injury by driving your vehicle while allegedly under the influence of drugs or alcohol. Be aware that the word “vehicle” includes not only a motor vehicle such as a car, truck, SUV, etc., but also a boat, snowmobile or all terrain vehicle.
Increasingly congested traffic in cities across the country are resulting in more drivers being stressed out, impatient and angry, and New York is no exception. It is one thing for drivers in the Big Apple to honk their horns, use an angry gesture or cut people off. While these behaviors could cause an accident if others react angrily in response, they are not generally considered against the law. It is another matter, however, when drivers purposefully attempt to harm someone else.
If you are pulled over by a law enforcement officer on suspicion of drinking and driving, you may be asked to submit to a breath test. Roadside breath test devices are used by officers to determine whether you are driving with a blood alcohol content level that is over the legal limit. The problem lies in the fact that these devices do not always give reliable and accurate results. Some breath test devices may give readings that could falsely indicate you have a BAC that is over the legal limit, leading to an erroneous DUI charge.
If you’ve been charged with a crime, the prosecution may give you the chance to make a deal—known as a plea bargain. Typically, a plea bargain works like this: You get charged with a crime. The prosecution tells you that if you plead guilty to a specific lesser crime, you can skip the trial—thereby avoiding the more severe penalties you would have received if you were found guilty of the crime from your original charge.