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DWI in NY State

Appellate Court decision regarding DWI in New York State - A driver who allegedly inhaled from a can of Dust-Off before veering into oncoming traffic and killing one person cannot face driving while intoxicated and vehicular manslaughter charges under the state's drunken-driving laws, an appeals court in Brooklyn has ruled. A divided panel of the Appellate Division, Second Department, held that the laws in question, Vehicle and Traffic Law §1192(3) and Penal Law §125.12, only apply to impairment caused by alcohol. The majority found that the state Legislature had clearly recognized that §1192(3) did not apply to driving under the influence of drugs, which is why it passed §1192(4). "For us to hold otherwise would render 1192(4) superflous[sic], a result to be avoided in statutory construction," the majority wrote in People v. Litto, 2005-02978. www.foleygriffin.com

Foley Griffin Jacobson & Faria, LLP

At the law firm of Foley, Griffin, Jacobson & Faria, LLP, our attorneys have over 45 years of combined experience and are committed to achieving superior results for every client we serve. Our dedication has paid off in numerous large personal injury and wrongful death verdicts and settlements as well as successful criminal defense verdicts and resolutions. At Foley, Griffin, Jacobson & Faria, LLP, we take pride in developing thorough and effective courtroom presentations that get results. At trial, our attorneys utilize state-of-the-art digital technology that presents evidence in a hard-hitting manner, which impresses upon a jury the seriousness of our client's claims. From inception, we prepare every case as if it will go to trial. Contact our office to schedule a free consultation to discuss your New York personal injury, auto accident or wrongful death case. Call 1-888-525-3924 or visit our website at www.foleygriffin.com.