Tiffany's Law May Leave Alleged Drunk Drivers Facing Stiff Penalties

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May 05, 2012 /24-7PressRelease/ -- When Tiffany Heitkamp was killed in 2006, the drunk driver she was riding could not be charged as a repeat drunk-driving offender, even though the driver had a history of driving while intoxicated. This is because the current law of New York does not allow for drunk driving histories to be linked from one type of vehicle charge to another -- for instance a DWI on a driver's record will not be taken into account if the driver faces charges of boating while intoxicated or snowmobiling while intoxicated.

In Tiffany's case, that is exactly happened. Because Tiffany was killed while the drunk driver was at the helm of a boat -- charged as a BWI -- the law would not allow for the driver's DWI history to be taken into account. Thus, allowing the driver to escape the increased penalties faced by repeat drunk drivers.

Legislative Action

As a reaction to situations like Tiffany's, the New York Senate passed "Tiffany's Law" in February 2012.

If it clears the Assembly and is signed into law, Tiffany's Law would require courts to consider a driver's entire drunk driving history. The law would effectively close a loophole in the law, and all convictions for DWIs, BWIs and SWIs would have to be considered the next time a driver faces a DWI, BWI or SWI, forcing the driver to face the consequences of being a repeat offender.

The Tonawanda News quoted New York Senate Majority Leader Dean Skelos as saying: "If an individual repeatedly drinks and drives, whether it's a boat, a car, a snowmobile, or any other kind of vehicle they should not be able to get off the hook lightly. Each and every prior charge should be considered in their sentencing, and this legislation will ensure that they are."

The Effect of Tiffany's Law

Drivers accused of DWI, BWI or SWI face penalties of license suspension, fines and jail time. If Tiffany's Law is passed, the penalties faced by those charged with driving drunk may increase.

Tiffany's Law will make it more important than ever for drivers facing allegations of drunk driving, boating or snowmobiling to protect their rights and fight the charges by speaking with a New York criminal defense attorney.

Article provided by Goldberg & Allen, LLP
Visit us at www.goldbergandallen.com

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Arizona Cracks Down on Drunk Drivers With Young Passengers

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May 12, 2012 /24-7PressRelease/ -- Last month, Arizona law enforcement officers stopped a motorist who was allegedly driving aggressively and erratically. According to the police, the driver smelled of alcohol and could not walk without stumbling. Further, there were two young children in the car. The case reflects circumstances of arrests made over the past several months: alleged drunken driving with passengers under the age of 15.

Arizona is known for having harsh drunk driving laws. Penalties for all offenders may include ignition interlock devices (IID), fines, jail time, loss of driver's license and mandatory treatment. Offenders may also be required to pay for court costs and legal fees. In most cases, those convicted of DUI in Arizona can expect to spend at least 10 consecutive days in significant jail time and nearly $1,000 thousands in fines and fees as well as alcohol classes and a breath machine in your car.

Aggravated DUI With Passengers Under the Age of 15

When children under the age of 15 years old are in the car, a driving under the influence (DUI/DWI) charge automatically becomes a Class 6 felony DUI charge whether it is a first offense or a repeat offense. A felony conviction often brings increased jail prison time, substantial fees and fines and a long-term license revocation. In addition, prosecutors may pursue additional charges that may include child endangerment or child abuse.

It is important to understand the long-term implications of a felony criminal record. With a conviction for aggravated DUI, future options and choices may be limited, especially in areas such as:
- Education
- Career
- Credit
- Insurance
- Parenting time
- Gun possession
- Voting rights
- Employment opportunities

If a person is arrested for driving while intoxicated or for aggravated DUI with a passenger under the age of 15, it is imperative to consult with an experienced Arizona DUI attorney. Depending on the circumstances of the case, an Arizona drunk driving lawyer may be able to obtain minimized jail time and reduced or dropped charges.

Article provided by Rosenstein Law Group
Visit us at www.scottsdale-duilawyer.com

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