A DWAI arrest in the state of New York can result in punitive actions before the trial even begins. When there are children in the car, child protective services may become involved, evaluating the children’s living circumstances to determine if they should remain in their present environments. Driving while impaired with children under the age of 16 in the car raises the seriousness of the offense, with the driver facing an automatic felony charge under the state’s Leandra’s Law, making it even more important for the driver to prepare a strong DWI defense.
A 32-year-old Highland woman is facing felony charges of driving while ability impaired by drugs. On Dec. 16, the woman was reportedly driving in the Pleasant Valley area along State Route 44 when she was seen veering from the eastbound into the westbound lane of the road by a state trooper. According to report, she was also seen driving onto the shoulder of the road several times before being stopped. Police noted evidence of intoxication after viewing the woman’s condition. After failing field sobriety tests, she was arrested. She provided a urine sample to authorities.
The two young passengers of the car were her daughters, ages 7 and 9. The driver was arraigned in Pleasant Valley court and sent to the Dutchess County jail in lieu of $5,000 cash bond or $10,000 bail. After her arrest, the children were turned over to a family member. Ulster County Child Protective Services was informed of the event.
A DWAI conviction in the state of New York can lead to license revocation, fines and jail time. Residents have the right to challenge field sobriety tests or to attempt to negotiate plea bargains, which may reduce the charges filed against them. An experienced attorney can help.
Source: Poughkeepsie Journal, ” In brief: Highland woman arrested for driving impaired by drugs, children in car,” Dec. 17, 2012
