A Utica Housing Authority executive was recently ticketed by New Hartford authorities for allegedly performing an unsafe lane maneuver and driving while intoxicated following an altercation at a nearby bar. He was then reported to have failed a chemical test which registered his blood alcohol level at 0.09 percent, which is marginally above the legal limit of 0.08 percent. There were no additional charges filed in regards to the altercation preceding the incident.
The altercation, however, was reported to local authorities prior to the drunk driving incident and follows another similar incident involving the executive who had recently been charged with harassment in an unrelated incident. It is not clear what circumstances led to the lane maneuver which subsequently led to the traffic stop resulting in the drunk driving charges. Nevertheless, a charge of drunk driving is a serious offense in the state of New York, which can lead to serious consequences.
The penalties for drunk driving can range from probation or a temporary driver’s license suspension to steep fines, lengthy suspensions and up to several years in jail depending on the circumstances. The consequences may be greater if the incident includes property damage, bodily harm or death. Furthermore, those charged with a DUI arrest after a prior conviction may face additional charges and penalties, not to mention personal consequences which could affect work and home life as well.
Those who are facing accusations of DWI are protected under certain provisions of the law. An experienced DWI attorney may investigate a variety of factors, including whether proper police protocol was used. When necessary, a DWI attorney may also be able to negotiate leaner sentences, lower fines, and perhaps in some cases help individuals to avoid a driver’s license suspension.
Source: Observer-Dispatch, “Herbowy charged DWI after valley brook bar altercation”, Rocco Laduca, June 13, 2013
