Traffic Law

Sunday, August 28, 2016

The Perils of Turning Off Red-Light Cameras


Do red-light camera programs improve safety for motorists?

The ongoing controversy over whether red-light cameras  are designed to raise revenues rather than improve safety for motorists has led as many as 158 communities to turn these cameras off in the last five years.  Now, a recent study by the Insurance Institute for Highway Safety indicates that doing so leads to more deaths from accidents caused by red-light running. These accidents often involve a driver broad siding another car ("T-boning), and these crashes are often fatal.

"Debates over automated enforcement often center on the hassle of getting a ticket and paying a fine," said the institute's president, Adrian Lund.

While these cameras are not popular with motorists, the study found that cities that turn off the cameras see an increase in fatalities by nearly one-third.


Read more . . .


Sunday, August 28, 2016

Hit and Run Accidents in New York State


Do red-light camera programs improve safety for motorists?

The ongoing controversy over whether red-light cameras  are designed to raise revenues rather than improve safety for motorists has led as many as 158 communities to turn these cameras off in the last five years.  Now, a recent study by the Insurance Institute for Highway Safety indicates that doing so leads to more deaths from accidents caused by red-light running. These accidents often involve a driver broad siding another car ("T-boning), and these crashes are often fatal.

"Debates over automated enforcement often center on the hassle of getting a ticket and paying a fine," said the institute's president, Adrian Lund.

While these cameras are not popular with motorists, the study found that cities that turn off the cameras see an increase in fatalities by nearly one-third.


Read more . . .


Thursday, June 16, 2016

State's Adirondack Purchases Raise Land Use Questions


What affect does the use of motor vehicles have on property values in the Adirondacks?

New York State continues to add property to the state Forest Preserve in the Adirondacks. The preserve is situated in Essex County and the state recently purchased 22,000 acres, referred to as the Boreas Ponds tract. This part of the forest, once owned by the Finch Pruyn paper company, was subsequently acquired by The Nature Conservancy which sold the tract to the state for $14.5 million.

According to the Times Union, the governor reportedly said the purchase is "one of the most important additions ever made to the state Forest Preserve.


Read more . . .


Thursday, January 28, 2016

DWI Dismissed Because NY Woman’s Body Makes its Own Booze

Is auto-brewery syndrome a real thing?

You might have missed this interesting court ruling that came down over the holidays: a lady from Hamburg, New York who had been charged with DWI had all charges against her dismissed after her lawyer proved it was not the three drinks she had had earlier that day that made her drunk, but the bacteria in her gut. A lot of our DWI clients have been sending us links to news stories about this case asking if this might have been the situation in their case, so we decided to take a closer look. 

The Buffalo News reports the facts of the case as follows:

The woman, a Hamburg resident, was stopped at around 7:15 p.m. on Route 5, near the Ford plant. Hamburg Officer Daniel Gallardo reported that he pulled the woman over after another driver called 911 to report that the driver’s 2010 Toyota Corolla was “weaving all over” the road.

Gallardo reported that he noticed the Corolla’s right front passenger tire was flat and the vehicle was producing “a large amount of smoke and a noticeable smell of burning rubber.”

The driver had alcohol on her breath and “exhibited glassy-bloodshot eyes and slurred speech,” Gallardo reported. The officer said the driver told him she had about three cocktails earlier in the day while visiting her parents in Buffalo.

Although the driver was able to recite the alphabet at the officer’s request, she had trouble with several other sobriety tests, including standing on one foot and talking and turning heel-to-toe, Gallardo reported.

The driver’s BAC was measured at .33 percent by the Breathalyzer and .30 percent in a later blood test administered in the Erie County Medical Center.

How could someone with such a high BAC (.33 is over four times the legal limit, and is in the range where medical professionals are usually called in to make sure the person doesn’t suffer alcohol poisoning or other health problems from their drinking) be functioning well enough to drive a car? And why was her BAC so high after having only three drinks, over several hours, earlier in the day?

Her attorney did some research and found out there is a rare intestinal disorder called “Auto-Brewery Syndrome” (ABS) that can turn ordinary food and beverages into alcohol in a person’s body. The attorney had the client tested for ABS, and sure enough, yeast in her guts was found to be cranking out the booze.

The judge handling the case dismissed it after evidence of the accused’s ABS was introduced. This has a lot of people wondering whether ABS could have played a role in their DWI citations.

The answer to that question is it’s possible, but unlikely. ABS is a relatively new disease that is not widely recognized by the medical community or the courts. In addition to this women from New York, there have only been two other widely publicized cases.

Because this disease is so rare, diagnosing it is not something your local doc is going to be doing on a regular basis. So, if you think you have ABS, you are probably going to have to spend a substantial amount of time and money getting properly diagnosed. 

We’ll be keeping a close eye on the case from Hamburg as it is appealed and reviewed by higher New York courts since whatever the higher courts say about this case will become the law of the land here in Eastern Upstate New York despite the fact that this case is from the Western part of the state.

We will also be monitoring the medical research in this area so that we can properly assist people who have been charged with DWI/DUI/and other alcohol-related offenses who think they may be suffering from ABS. 


Thursday, December 31, 2015

Governor Cuomo Addresses New York DUI Laws

What are the latest legal updates with regard to New York’s DUI policy?


Notwithstanding our position as legal advocates on behalf of those accused of driving under the influence, we can all agree that eliminating the instance of DUI-related accidents and injuries should be a top priority for New York lawmakers. Earlier this month, New York Governor Cuomo recognized the efforts of the General Assembly in combatting this difficult problem, including the elevation of the legal drinking age from 18 to 21 – a notion that was signed into law 30 years ago this month.

In a recent speech delivered to the “Under 2 MOU” coalition, Cuomo recounted the work of his father, former Governor Mario Cuomo, in addressing the severity of the DUI-related fatality issue in New York. At the time, there were a reported 784 alcohol-related fatalities on New York’s roadways in 1984. Today? Just 292 – representing a near 60 percent decline.

By raising the legal drinking age, the instance of alcohol-fueled crashes has reduced dramatically. However, this has not prompted law enforcers to back down. They are still focused on combatting the problem of young intoxicated drivers getting behind the wheel. In just a 3-month span over the summer of 2015, dozens of fake ID cards were confiscated, along with 130 arrests for underage drinking. Likewise, the State Liquor Authority (SLA) recently initiated a crackdown against bars and restaurants caught selling alcohol to minors.

The consequences following a DUI conviction can be steep, particularly if the accused has been convicted more than once for driving under the influence. For starters, fines can reach up to $10,000. Moreover, any driver convicted of three or more DUI’s within a 15-year period could face up to 15 years in prison for a Class D felony.

While we are pleased to see such a dramatic reduction in alcohol-related tragedy, we also remain dedicated to helping those charged with DUI combat the state’s allegations and avoid the collateral pitfalls of a documented DUI criminal record.

If you are facing a DUI, don’t go it alone – promptly consult with one of our attorneys at Ianniello Anderson at 518.350.7755 where we serve clients in the Albany, Clifton Park, Glens Falls, Saratoga Springs, Troy and the entire Northeastern NY area with skill and dedication

Wednesday, November 25, 2015

Car Accident Changes the Lives of All Involved, Driver and Victims Alike

What are the effects of drunk-driving accidents on the parties involved?

A Halloween night car accident at Skidmore College resulted in the death of one student and the severe injuries of two others. The students were all pedestrians. The driver, Thomas Gorman, who worked at the college from 1990-2006, has stated that Skidmore's streets are known to be poorly lit and dangerous to walk on, and that he's sorry for the damage he caused, but "it wasn't intentional."

Nonetheless, at the time of the accident, Gorman failed a field sobriety test and had an open alcoholic beverage container in his car. He is now charged with felony vehicular assault and driving while intoxicated. Since one student was killed and two others were hospitalized in critical condition at Albany Medical Center, it is possible that the charges against the defendant may be upgraded. Adding to the gravity of the situation is that Gorman was previously convicted of Driving While Impaired in 2013.

According to District Attorney of Saratoga County, Karen Heggen, "The defendant who is charged made a choice that made all the difference in the lives of these three individuals -- and that's tragic." It could be argued that the driver's poor choice affected many more than three lives adversely, including, of course, his own.

Ripples of shock and misery during the candlelight vigil, memorial services, ongoing hospital visits, and counseling sessions for affected students spread throughout the community. All of the individuals whose lives have been forever changed by this tragedy, including the driver, recognize the senselessness of the event and how easily it could have been prevented.

 If you, or someone close to you, has been in an accident in which charges of driving while intoxicated have been brought, contact the knowledgeable attorneys at Ianniello Anderson serving clients in the Albany, Clifton Park, Glens Falls, Saratoga Springs, Troy, and the entire Northeastern NY areas at (518) 350.7755.


Archived Posts

2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
2013



© 2017 Ianniello Anderson, P.C. | Disclaimer/Privacy Policy
8 Airline Drive , Suite 101 , Albany, NY 12205
| Phone: 518-371-8888

Real Estate Law | Family Law | Divorce | Litigation | Criminal Defense | Vehicle and Traffic Law | Civil Litigation | Business Transactions and Contract Law | Estate Planning & Wills | DWI / DWAI / DWAI Drugs | Loss Mitigation | | Attorneys | About | Video Q&A

Law Firm Website Design by
Amicus Creative