Sometimes a traffic stop can lead to additional charges. A driver and his passenger from Peekskill, New York, are now facing both impaired driving and drug charges in Putnam County after a traffic stop about a week ago revealed that the 31-year-old male driver was allegedly operating the vehicle without a license and the 30-year-old female passenger was allegedly in possession of PCP.
According to Mothers Against Drunk Driving, driving drunk with a child passenger in the vehicle is a form of child abuse. 47 states have laws that allow prosecutors to charge additional penalties to defendants who had a child passenger in the vehicle at the time of the DUI arrest. In all states, including those without such laws in place, prosecutors can charge a drunk driver with a separate crime unrelated to traffic penalties such as child endangerment. Despite this, many drivers continue to transport child passengers while intoxicated. In response, New York enacted Leandra's law, which makes it a felony to drive drunk with a child passenger.
If an officer pulls you over and suspects you are driving under the influence of alcohol in New York, then he or she will probably ask you to take a breathalyzer test. While you have the right to refuse, you could face further legal issues if you do. However, you may wonder just how accurate the test is. If you fail, you are going to jail, so should you really trust the test?
Despite popular belief, it is not wise or even legal to refuse a chemical test in New York. If a police offer stopped you for drinking and driving in the greater New York area, and if you refused to submit to a breath test, blood test, field sobriety test or all three, the state may charge you with a misdemeanor. However, the consequences of your actions all depend on the number of similar prior offenses for which the state has found you guilty in the past five to 10 years.
Receiving drunk driving charges in New York is a very serious offense. However, if you’ve recently been charged with a DWI your problems may extend beyond the legal. For people with alcohol abuse problems, nearly every facet of their lives can be affected, from relationships with friends and family to income potential. If you feel that you require treatment for alcohol abuse, WebMD explains the following options.
Driving while under the influence of drugs or alcohol will likely get you pulled over in the state of New York. The state has multiple laws pertaining to driving under the influence. It is a good idea to understand them because many DUI convictions are due to a person being unaware of the laws.
The answer to the question of whether or not you should submit to a breath blood alcohol content test during a New York traffic or boating stop is, unfortunately, very difficult to answer with any certainty. Your best course of action would probably depend on any number of details of the circumstances of your incident.
Though law enforcement officers work to keep New York residents safe, they are not perfect. Because of this imperfection, they could potentially fail to correctly follow procedures when making a traffic stop or subsequent arrest. If you face a charge of driving while intoxicated, you may want to determine whether the arresting officer involved in your case made any mistakes.
Regulations against cell phone use while driving vary dramatically from state to state. New York has some of the most extensive prohibitions and most severe penalties for such offenses. Whether you’re a New York resident or you’re just visiting, it is your responsibility to understand—and adhere to—the laws surrounding distracted driving in this state.