From time to time, and particularly during the holiday season, I am asked by kith and kin alike about the responsibility a homeowner has to prevent people from drinking too much at a holiday party. Concerns range from the health of the person drinking copious quantities of punch to the legal liability and of the host who provided the punch. I cannot offer an opinion on the healthy amount of punch, but I can provide some insight into issues that may arise when a drunk guest leaves a party and injures someone.
Everyone loves the month of March… Spring is here, flowers are beginning to bloom, March Madness brackets are being formed, and everyone’s favorite green beer holiday is being celebrated every single weekend.
As of the end of September, 2012, the New York State Department of Motor Vehicles has new regulations pertaining to drivers with multiple alcohol/drug-related driving convictions. This is a logical result from the increasing sanctions that pertain to Driving While Intoxicated or Driving While Impaired by Drugs offenses enacted by the Legislature.
Last week, the Buffalo News reported that a 29-year old driver with 2 prior convictions for DWAI has been charged with DWI in connection with his arrest for driving the wrong way down the Thruway. The question in everyone’s mind is: “if this is his third offense, why wasn’t he charged with a felony?” The defendant is being charged with a misdemeanor, which is considered a crime and is punishable by up to one year in jail, but he won’t be charged with a felony. Here’s why:
The newest additions to New York’s DWI law are Leandra’s law and the ignition interlock device. Leandra’s law makes it a felony to drive a vehicle while impaired by alcohol or drugs with a child who is fifteen years of age or younger in the vehicle. The ignition interlock device is like a breathalyzer that is installed inside your vehicle and prevents the vehicle from being operated if the driver has consumed alcohol.
In November 2009, Governor Paterson signed the Child Passenger Protection Act, also known as Leandra’s Law. The law is named after Leandra Rosada who was eleven years old when she was killed while in a vehicle operated by a friend’s drunken mother. According to New York Defensive Driving Now, the law includes provisions that: