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Andrew Gallo, the 24 year old construction worker convicted of felony DWI in the April 9, 2009 car accident which killed Los Angeles Angels pitcher Nick Adenhart, 20 year old Courtney Stewart and 25 year old Henry Pearson, was sentenced to 51 years to life in prison on December 22, 2010. The tragic accident occurred when the defendant ran through a red light at 65 miles per hour and t-boned the car in which Adenhart, Stewart and Pearson were passengers. Another occupant, Jon Wilhite, suffered severe injuries including the separation of his spine from his skull, but amazingly survived the accident.

Gallo was previously on probation for felony DWI when the April 9, 2009 accident occurred. Gallo’s BAC (blood alcohol concentration) was allegedly almost three times the legal limit. Judge Richard F. Toohey of the Santa Ana Court sentenced Gallo to 15 years for each of the three passengers killed in the accident, and to 6 years for the injuries suffered by Mr. Wilhite.

Nick Adenhart was a promising rookie pitcher for the Angels who had pitched for the team earlier in the evening of the accident and was out with friends to celebrate at the time of the accident.

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According to a federal report in the National Survey on Drug Use and Health, almost one in eight drivers 16 years of age or older drove while intoxicated in the last year. The study indicates that an estimated 30.6 million drivers were under the influence of alcohol, and 10.1 million admitted to being under the influence of drugs. The estimates were based on surveys of 213,350 motorists by the Substance Abuse and Mental Health Services Administration.

The survey also determined that DWI rates between 2006-2009 and 2002 through 2005 dropped from 14.6% to 13.2%. Comparing the same two time periods, DWAID (driving while impaired by drugs) fell from 4.8% to 4.3%.

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On November 18, 2009, a Westchester County jury found 25 year old George Kiaha guilty of vehicular manslaughter and criminally negligent homicide for the September 4, 2009 death of Cortlandt resident Ralph Wood. It was alleged that on that date, Mr. Kiaha was driving while intoxicated with a BAC (blood alcohol concentration) of 0.11 when his car crossed a double yellow line and struck the car Mr. Wood was a passenger in. The legal limit for intoxication is 0.08 percent. Wood’s vehicle was also occupied by his daughter, her fiance, and three grandchildren, who were all injured.

Mr. Kiaha was also convicted of 5 counts of reckless driving and DWI for each of the other occupants of the vehicle. Those counts are misdemeanors. The prosecution introduced evidence of bottles of Bud Light in Kiaha’s vehicle as well as the testimony of emergency personnel who claimed that they smelled alcohol on Mr. Kiaha’s breath. The defense countered with the argument that there was a “chain of custody” issue with Mr. Kiaha’s blood (an argument that was successfully utilized in the O.J. Simpson murder trial back in 1995) and that the police were never able to determine the speed of Kiaha’s vehicle. However, it appears that the jury was not persuaded by these arguments; they returned a guilty verdict in three hours.

The 2nd degree vehicular manslaughter charge is a felony under section 125.12 of the New York State Penal Law and carries a maximum sentence of 7 years in jail. The criminally negligent homicide charge is a class E felony under section 125.10 of the Penal Law and has a maximum jail term of 4 years. Mr. Kiaha will be sentenced by Westchester Court Judge Barbara Zambelli on February 22, 2011.

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David Cassidy, the pop icon best known for his starring role in the 70’s sitcom “The Partridge Family” has been charged with driving while intoxicated in Fort Pierce, Florida. On November 3, 2010, Cassidy was pulled over when a Fort Pierce officer allegedly observed Cassidy’s car weaving in and out of traffic. Apparently, he informed the officer that he had taken a Hydrocodone earlier in the day.

Cassidy is alleged to have failed Field Sobriety Tests. Subsequently, it is claimed that a breathalyzer administered resulted in a blood alcohol concentration of 0.14, well above Florida’s legal limit. Reportedly, the investigating officer found a bottle of bourbon in the vehicle.

If Mr. Cassidy was charged with a New York DWI, with a legal limit of 0.08 percent, and was convicted with a BAC of 0.14, he would be facing the following: a minimum of a six month revocation of his driving privileges; court fees of at least $900.00; the requirement to attend and complete the New York State Drinking Driver Program, (DDP), payment of $750.00 in fines to the New York State Department of Motor Vehicles; (NYSDMV) (known as a “Driver’s Responsibility Assessment”) and the installation of an ignition interlock device in his car for at least one year.

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Former New York Yankees catcher Jim Leyritz is presently on trial in a Fort Lauderdale courtroom accused of vehicular homicide and drunk driving. The charges arise out of an accident at 3:30 AM on December 28, 2007 in which Leyritz is accused of having disregarded a red light and striking a SUV driven by Fredia Ann Veitch. Ms. Veitch died as a result of her injuries at the age of 30.

Leyritz had apparently been out celebrating his birthday earlier that evening with tequila shots and Grey Goose vodka. He had a blood alcohol concentration (BAC) of 0.14, almost twice the legal limit. Leyritz pled not guilty to the charges. He faces a sentence of as much as 15 years in prison if he is convicted.

During testimony on November 1, 2010, Garth Henry, a witness who was walking by the intersection, testified that Leyritz was “trying to catch a yellow light he wasn’t going to make”. However, Henry was forced to admit on cross examination that he did not look up until he heard the sound of screeching brakes. There were also no skid marks at the intersection, suggesting that both vehicles had gone past the light before they applied their brakes.

Prosecutors have indicated that they have witness testimony from a passenger in Leyritz’ car who will confirm that he did not stop for the red light. Supposedly, Ms. Veitch was also intoxicated and texting at the time of the accident. However, the judge has ruled that the jury will not hear that evidence, as the issue remains whether Leyritz was intoxicated and ran the red light.

Leyritz’ attorney claims that a police detective will testify that Leyritz was not slurring his words or losing his balance when he was given field sobriety tests at the scene. However, the prosecutor told jurors that the police video of the field sobriety tests will show that Leyritz could not follow instructions, another sign of intoxication that the tests are designed to elicit.

If Leyritz were convicted in of New York vehicular manslaughter in the second degree, he would be facing a 1 to 7 year prison term for this Class D felony. As for for the DWI charges, Leyritz would lose his license for at least 6 months, be required to undergo alcohol assessment, have to take the 7 week New York State Drinking Driver Program, attend one session of a Mother’s Against Drunk Driving Victim Impact Panel, pay Court fines of at least $900.00, and pay the New York State Department of Motor Vehicles (NYSDMV) a $750.00 “Driver’s Responsibility Assessment.” Further, he would have to install an ignition interlock device in any vehicle he owns or operates for at least 6 months.

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Last week, we posted on initial blog regarding the new ignition interlock requirements pursuant to Leandra’s Law, which went into effect on August 15, 2010. This article will discuss additional requirements and elements of the law. When you are sentenced to either a misdemeanor DWI or New York felony DWI, you must have the ignition interlock device (IID) installed within 10 days of your sentence. Once the IID is installed, you must report the installation within three days to the Court.

When you are ordered to install an IID, the Court will require that any vehicle you have access to (own or operate) has the device installed. Your conditional driver’s license, if you are eligible for one, will note that you are required to have an IID in your car. Thus, if you attempt to rent a car, the rental car facility must only rent you a vehicle equipped with an IID. If they do not do so, both you and the rental car ownership can be subject to a potential misdemeanor charge.

The device must be serviced on regular intervals as directed by the probation department, in order for information to be downloaded and provided to the sentencing Court, District Attorney’s office and county probation department. If you have one or more missed or failed start up tests or one or more failed or missed rolling tests, this can be the basis for re-sentencing by the Court. If you or someone else attempts to tamper with the device, disable the device, or if you have someone else blow for you, this can lead to a misdemeanor charge.

There is also a “lockout mode”, which is triggered if you fail or miss a start up test, re-test or fail or miss a rolling test or re-test. If you do not re-take the test and pass it within 5 days the car will go into lockout mode. When this happens, the only way the vehicle can be started again is to take it back to the installer and have the device reset.

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Effective August 15, 2010, there are new Ignition Interlock Device (IID) rules in effect for all New York DWI or Aggravated DWI cases. The rules apply to any motorist charged after December 18, 2009, and convicted or pleading guilty after August 15, 2010. The new law does not apply to convictions of New York driving while ability impaired (DWAI), which is a traffic infraction, but to all misdemeanor and felony DWI convictions.

The IID’s must be installed in all vehicles that the motorist owns or operates. This language is critical, as in many cases, the law will require that the person convicted of the felony or misdemeanor DWI install the IID in more than one vehicle, with family members such as spouses or grown children also having to utilize the IID in vehicles that they share with the driver convicted of the DWI.

The (IID) must remain in the vehicle for at least 6 months. It must be installed by a County approved installer. There are fees for both the installation and monthly maintenance of the IID, which must be paid by the driver. If you can prove, through a lengthy “Financial Disclosure Report”, that you are unable to pay for the IID, the County will pay for all costs involved.

The IID operates by requiring that a motorist blow into a ignition interlock device (IID) in order to start the ignition to the vehicle. If the IID detects a blood alcohol concentration of 0.25% or greater, the vehicle will not start. If there is a failed start up test, the driver is required to do a re-test within a few minutes. If the re-test is failed or missed, this violation will be recorded on the device and the information will be provided to the county probation department, the sentencing Court and the District Attorney’s Office.

Once the vehicle is started, the driver will be required to perform a re-test on regular intervals of approximately 15 to 30 minutes. If the test is failed, a “rolling re-test” must be passed within 3 minutes. If there a failed or missed rolling re-test, there will be a violation with the information being reported to the three entities described above.

In our next installment, we will discuss some potential violations and other related information about the IID.

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New York Jets wide receiver Braylon Edwards was charged with DWI this past Tuesday when his Range Rover was pulled over by New York City police for having excessively tinted windows. Allegedly, Edwards failed field sobriety tests and took a breathalyzer which revealed a BAC (blood alcohol concentration) of .16%, which is twice the legal limit of .08% in New York State.

The NFL has a “Player Protect Program”, which is a 24 hour driving service strictly for professional athletes. If a player needs a lift home, he can call at any time and will be driven home in a luxury SUV. Unfortunately for Edwards and the Jets, he did not avail himself of this service, and now faces a New York DWI and DWAI (driving while ability impaired) charges. Edwards was signed by the Jets last year after being released by the Cleveland Browns when he was charged with aggravated disorderly conduct as the result of allegedly punching a friend of Lebron James outside a nightclub. He pled guilty to misdemeanor aggravated disorderly conduct in January. The outcome of the DWI case could cause Mr. Edwards to have a probation violation back in Cleveland. Thus, his attorney will attempt to negotiate a plea in New York which would not trigger a probation violation in Ohio.

If Edwards is convicted or pleads guilty to a DWI charge, he could face up to 12 months in jail, is subject to a fine of approximately $900.00, will have his license to operate a motor vehicle revoked for at least 6 months, and will have to install an ignition interlock in any vehicles he owns or operates. He will also be required to attend alcohol treatment classes, and a 7 week program sponsored by the New York State Department of Motor Vehicles (NYDMV) known as the “Drinking Driver Program.”

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The wife of Robert F. Kennedy Jr. has been charged with Driving while impaired by drugs within one month of pleading guilty to a Driving while ability impaired (DWAI) in the Bedford Town Court. This past Saturday, Ms. Kennedy was arrested by police in Dutchess County after allegedly being observed driving 82 m.p.h on the Taconic Parkway. When she failed standardized field sobriety tests, and was examined by a drug-recognition expert at the police barracks in Millbrook, New York, she was charged with DWAID, or driving while ability impaired by drugs.

Back on July 22, 2010, in the Bedford Town Court, Ms. Kennedy pled guilty to a reduced charge of driving while ability impaired arising out of an incident on May 15, 2010, in which police in Bedford observed Ms. Kennedy’s vehicle strike a curb outside a school. At that time, she was found to have a BAC of .11, more than the legal limit of 0.08%, which resulted in a DWI charge. Kennedy’s sentence in the Bedford case included a $500.00 fine, the requirement to attend the mandatory drinking driver program, (which is a seven week class that all motorists convicted of any DWI charge must take), and an order that she submit her quarterly evaluations from her psychiatrist to the Court.

Most critically for Ms. Kennedy, she was permitted to obtain a “Conditional discharge” and conditional license in the Bedford case, which allowed her to drive in limited circumstances including to and from work, DDP classes, to an accredited educational institution, and medical appointments for her herself and family members. The terms of the conditional discharge mandated that Ms. Kennedy not have any other DWI or other criminal charges within one year of the July 22 guilty plea.

Thus, if the new charges are substantiated, in addition to the penalties she will face in the August 21 incident, Ms. Kennedy will be found to have “violated her conditional discharge”, losing her conditional license and facing the possibility that Bedford Town Judge Kevin Quaranta will sentence her to up to 15 days in jail as the maximum penalty for the original DWAI conviction.

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Beginning on August 15, 2010, as part of Leandra’s Law passed by the New York State Legislature last November, motorists convicted of New York DWI will be required to install and maintain ignition interlocks in their vehicles. The law will apply to drivers convicted of felony DWI or misdemeanor DWI. Anyone convicted of or pleading guilty to driving with a blood alcohol level of 0.08 BAC or above will be required to obtain the ignition interlock.

The ignition interlock measures the level of alcohol of a motorist’s breath. If the device detects a trace of alcohol on the driver’s breath, it will not permit the car to start. Further, the driver will periodically have to blow into the device on a regular schedule, and if he or she fails to do so, or does have alcohol on his or her breath, the car’s horn will begin to sound, or the lights will start flashing, to alert authorities that the driver has failed to comply with the ignition interlock system in the vehicle. Some devices will cut off the ignition if the driver has failed the test while driving.

The Westchester County Department of Probation will administer the ignition interlock program here in Westchester County. It will be interesting to see how the program functions in the early stages, since at present, the installation of ignition interlocks in vehicles has only applied to multiple DWI offenders or in felony DWI cases. Thus, adding on misdemeanor and first time DWI offenders will substantially increase the burden on the Probation Department and likely create enforcement problems in the early stages of the ignition interlock program.

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