New York Criminal Defense Attorney Blog

On April 28, 2011, Atlanta Braves pitcher Derek Lowe, 37, was charged with DWI, reckless driving, and unsafe lane change in Atlanta, after he apparently engaged in a race with another driver on an Atlanta street. Lowe was pulled over by the Georgia State Patrol, and the officer allegedly smelled a strong odor of alcohol, and Lowe apparently failed Field Sobriety tests.

According to the Los Angeles Times, several sources, Lowe refused to take a chemical test, was booked and taken to an Atlanta jail. He was released on bail of $2,944.

If Lowe was convicted in New York on these same offenses, he would be facing fines of up to $900.00 on the misdemeanor charge, a suspension of his driver's license for six months, along with the requirement to obtain alcohol abuse assessment, attend the drinking Driver program ("DDP"), attend a Victim Impact Panel, install an ignition interlock device in his vehicle for up to one year, and pay $750 in fines to the New York State Department of Motor Vehicles. For the misdemeanor reckless driving charge, he would be facing fines, and 5 points on his driver's license. For the unsafe lane change traffic infraction, Lowe would be assessed 3 points on his driver's license.

Continue reading " Atlanta Braves Pitcher Charged With DWI " »

Although many are not aware of it, on January 1, 2011 the Move Over Act was implemented in New York State. The Act requires that drivers observing emergency vehicles with their lights flashing on the side of a highway must reduce their speed and drive with "due care." If the driver is on a highway or parkway with multiple lanes, the driver is required to pull his or her vehicle one lane to the left to avoid the possibility of endangering the safety of the emergency responders.

The Act came in to being in response to several cases over the last few years in which emergency personnel and police officers were either killed or severely injured due to motorists driving too closely or too fast in proximity to the workers or officers. The official name of the regulation is the Ambrose-Searles Move Over Act, named after New York State Trooper Robert W. Ambrose and Onodaga County Sheriff Glenn M. Searles, who both were killed in the line of duty while their cars were attending to emergencies on the roadway.

According to the National Law Enforcement Officers Memorial Fund, since 1999, more than 160 law enforcement officials have been killed as a result of being struck while assisting in roadway incidents. A violation of the Move Over Act will result in a fine of $275.00 and a two point assessment on the motorists' license.

Continue reading " New York Traffic Tickets--Beware of The Move Over Act " »