Monday, October 28, 2013

Amendments to New York’s DWI Ignition Interlock Law take effect November 1

Ovid, NY--Attorney Steven Getman is reminding New York motorists that the ignition interlock provisions enacted as part of Leandra's Law have been amended and will apply to offenses committed on or after Nov. 1, 2013. Changes include:
• Vehicle and Traffic Law (“VTL”) 511(3)(a)(iv) was amended to create a new category of first-degree aggravated unlicensed operation of a motor vehicle where a person operates a motor vehicle while holding a conditional license issued pursuant to VTL 1196(7)(a) while under the influence of alcohol or a drug.

• VTL 1193(1)(b), (c)

◦ was amended to apply the ignition interlock requirement to youthful offenders; ◦ extended the minimum ignition interlock period to one year, but allows the court to terminate the period earlier if the person submits proof that an ignition interlock was installed and maintained for at least six months;
◦ now provides that the interlock period starts from the earlier of the date of sentencing or the date a device was installed in advance of sentencing.
• VTL 1198(4)(a)
◦ now provides that good cause for failure to install an ignition interlock device may include a finding that the defendant does not own a motor vehicle if the defendant states under oath that he/she does not own a motor vehicle and that he/she will not operate a motor vehicle during the ignition interlock period;
◦ was amended to state that the term "owner" has the same meaning as in VTL 128 (title holder).
Leandra's Law, enacted in 2009, established a new Class E felony related to driving while intoxicated with a child as a passenger; and, for the first time, required that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices.

Driving while intoxicated in New York carries serious penalties, both civil and criminal. Not only can a defendant lose his or her license to drive, once they can drive again, the interlock law may apply. In addition, anyone convicted of DWI will be subject to New York State fines, surcharges, insurance penalties and, in some cases, imprisonment in a New York State correctional facility.

For more information, click here.

Tuesday, October 8, 2013

Alleged vehicle vandals reject plea deal

Finger Lakes Times:
WATERLOO — Two of the four Seneca Falls men accused of vandalizing dozens of vehicles at Bill Cram Chevrolet have rejected plea deals that would have included prison time.

The attorneys for Charles Covert and Adam Graves turned down the deals Monday in Seneca County Court. The district attorney’s office asked them to plead guilty to second-degree criminal mischief, a class D felony punishable by up to seven years in prison.

If they would taken the plea, Judge Dennis Bender would have committed to a maximum sentence of 1 1⁄3 to 4 in prison for each. They would also be required to pay $90,000 in restitution along with the other co-defendants, Jonathan Klingensmith and Jonathan Taylor.

Covert, Graves, Klingensmith and Taylor are accused of damaging more than 50 vehicles during the overnight hours of March 23 and 24 at the Routes 5&20 dealership. They were arrested in May by Seneca Falls police after an investigation of nearly two months....

Covert’s Auburn-area attorney, Rome Canzano, indicated his client would testify before the grand jury. Graves’ Syracuse-area attorney, Robert Baska, didn’t say if his client would testify...

Klingensmith is being represented by Waterloo-area attorney Michael Conroy, while Taylor is being represented by Ovid-area attorney Steven Getman.

All four men are free on the county’s pretrial release program.

The charges are accusations and the defendants are presumed innocent unless and until proven guilty in court.

Wednesday, October 2, 2013

Man sentenced for failure to pay child support

Gannett News:
A Cattaraugus County man was sentenced to one year of probation by the Schuyler County Family Court on Tuesday (October 1) for willfully failing to pay child support…

Assistant County Attorney Steven Getman prosecuted the case for the petitioners. Evidence before the court demonstrated that the man owed over $11,000.00 in back payments on both cases.