New Drunk Driving Laws Take Effect in August

Attorney Steven Getman is reminding New Yorkers that new penalties for drunken driving take effect next month.

“The state’s new DWI law takes effect August 15,” Getman said. “This law forces anyone convicted of Driving While Intoxicated, even first-time offenders, to equip their vehicles with ignition locks.”

These locks, Getman explained, are intended to make it impossible for anyone to drive drunk.

Drivers will need to blow into a nozzle when starting their cars, Getman said.

Blowing more than a .025 percent blood-alcohol content will lock the car’s ignition. Some models will also sound an audible alarm.

According to Getman, the new law requires the devices in even in the family cars of convicted drivers, meaning that family members will have to submit to the same tests in order to use the vehicles.

The interlock devices are estimated to cost up to $100 to install and then another $70 to $110 a month -- paid for by the defendant -- for a minimum of six months.

“The punishments for those convicted of DWI are severe,” Getman noted. “In addition to fines and jail, the convicted drunk driver can lose both their ability to drive and, in some cases, the ability to travel to and from employment.”

According to Getman, any person accused of Driving While Intoxicated should retain the counsel of a legal professional to insure that they are fully aware of their rights and responsibilities under the law.

New York's Family Health Care Decisions Act

Attorney Steven Getman is reminding New York families that the state's "Family Health Care Decisions Act" is now in effect.

"This law establishes the authority of a patient's family member or close friend to make health care decisions for someone who is incapacitated and cannot make his or her own medical decisions," Getman explained.

"The family member or friend would also be empowered to direct the withdrawal or withholding of life-sustaining treatment when the requirements set forth in the law are met."

The law only applies to patients who did not leave prior instructions or appoint a health care agent. Valid health care proxies and other forms of medical instructions remain in effect. New Yorkers are still encouraged to prepare a health care proxy, Getman noted.

"The proxy form can be tailored to give the agent as much or as little authority as the individual desires, and the agent must make decisions in accordance with the principal’s wishes or, if such wishes are not known, in accordance with the principal’s best interests," he said.

More information on the new law can be found here. Getman suggests that anyone with questions about the new law and how it might affect themselves or their loved ones should contact a qualified attorney of their own choosing to discuss their legal rights and responsibilities.

New Law on Recycling Computer Parts, Printers

From the Auburn (NY) Citizen:

Under the law recently signed by Gov. David Paterson, all manufacturers that sell covered electronic equipment in the state must have a free, convenient electronic waste, or "e-waste," recycling program in effect by April 1, 2011.

The law also makes it illegal for individuals to dispose of electronic waste at landfills, effective Jan. 1, 2015.

The law covers televisions, VCRs, DVD and mp3 players, game consoles, fax machines, and computers and their peripherals such as monitors, keyboards, mice, scanners and printers.

The complete text of the new law can be found here.

Area Forum Examines Tax Credits, Scams

From the Ithaca Journal:

A community forum on the 2-1-1 system, the earned income tax credit and consumer scams is planned for 4:30 p.m. Wednesday in the BorgWarner Meeting Room of the Tompkins County Public Library, 101 E. Green St.

Reservations may be made by calling 607-272-6286 or 2-1-1.

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Changes in New York Law Affect Teenaged Drivers

Ovid, NY (May 3, 2010)—Attorney Steven Getman is reminding teenaged drivers and their parents that new restrictions on graduated licenses are in effect.

“The New York State legislature has amended several sections of the Vehicle and Traffic Law that affect graduated drivers,” Getman explained. “These changes took effect in late February and will affect many of the state’s teenaged drivers.”

According to Getman, the changes include:

• A junior learning permit must be held at least six months before a junior license issued.
• The number of non-family passengers under the age of twenty-one who may ride in a motor vehicle with the junior operator has been reduced from two to one.
• The number of supervised driving hours before an applicant may take the road test has increased from twenty to fifty hours, including fifteen hours after sunset.
• New provisions related to penalties for violating the graduated licensing laws have been added.

The changes to the law are contained in Chapter 403 of the laws of the 2009, Getman noted.

More information on the new law can be found here. Parents and teen drivers who have questions about how the new laws affect them are encouraged to consult with an attorney of their own choosing, Getman said.

Beware of Phone Scammers Using Social Media

New York State Police are warning upstate New York residents of telephone scams involving social media:

There have been reports of individuals receiving phone calls from a person pretending to be a relative or friend stating that they are in trouble and that they require immediate financial assistance. The perpetrator will request a sum of money be transferred via Western Union to a location which is typically out of the country.

It is believed that the person(s) involved in this scheme, obtain the victim's personal information via social networking websites such as MySpace or Facebook. The suspect(s) are able to obtain information as to where the friend or relative may be vacationing to add legitimacy to the call.

Posting information on when you will be vacationing invites the possibility of criminal activity and makes an excellent tool for criminals to plan their activities.

Former Supervisor Cleared of Ethics Charges

Finger Lakes Times:

Former Fayette Supervisor Edward Barto has been cleared of ethics charges filed against him by Concerned Citizens of Seneca County.

County Attorney Frank Fisher reached that decision in a Jan. 15 opinion, but it was not made public until this week by Barto’s attorney, Steven Getman of Ovid.....

Barto, reached Tuesday, said he was pleased that the complaint was dismissed. But he expressed frustration at the group’s tactics and the fact that Fisher’s decision was not given to him or made public by the citizens group.

“I’m glad to hear that the county confirmed that I did nothing wrong,” Barto said. “I always did my best to uphold the integrity of my office, and this opinion supports that.”

“At the same time, I think it stinks that this special interest group had no problem smearing me publicly when it suited their political whim and then, after I was cleared, they never said anything about it,” he said. ““I had to get an attorney to find out the complaint had been dismissed.”

Getman said he hopes the parties can discuss their issues more amicably in the future.

“Reasonable people can and do disagree on environmental issues,” Getman said. “But it ill-serves the public debate when one side or another tries to criminalize policy differences.’’

Speeding cushion no more?

According to Syracuse news channel YNN, "more and more drivers nationally are getting pulled over and ticketed for only being just a few miles over the limit":

A study published in the Journal of Law and Economics found the number of tickets officers write goes up when the economy is down especially as states and cities across the country use traffic enforcement to balance their budgets.

A speeding ticket, whether deserved or not, can have serious impacts on your insurance rates and even your privilege to drive within the state. If you receive a ticket, even if it is for only a few miles over the speed limit, you may wish to consult a qualified attorney to protect your legal rights.

Verdict Reached in Seneca County Prison Assault Trial

Finger Lakes Daily News:

A Seneca County jury found a former Five Points Prison inmate “not guilty” of felony assault and harassment charges and “guilty” of a misdemeanor charge following a three-day trial in County Court.

According to defense attorney Steven Getman, the defendant, Jesus Torres (age 33), was originally charged with Assault Second Degree and Aggravated Harassment of an Employee by an Inmate, both felonies.

The charges stemmed from an incident at the prison in August 2007. Torres was alleged to have intentionally injured one corrections officer and intentionally spit blood on another, during or following a fight with another inmate.

However, after the close of evidence, both charges were dismissed. Instead, the jury found Torres guilty of the lesser charge, Assault Third Degree.

The defense had asked that the jury consider the reduced charge on the theory that Torres may have acted recklessly, but did not intentionally injure the guard, Getman explained. In addition, the defense argued in court, there was insufficient evidence that Torres had intentionally spit blood on a corrections officer. In particular, Getman criticized the state corrections officials for not authorizing DNA testing that could have helped prove guilt or innocence.

Assistant District Attorney Mark Sinkiewicz had asked the jury to convict the defendant as charged, alleging that the prosecution had proven its case.

After approximately four hours of deliberations, the jury returned its unanimous verdict.
Following the verdict, County Court Judge Dennis Bender set Torres’ sentencing for April.

At sentencing, Torres faces up to one year in jail and a fine. Had he been convicted as charged he could have been sentenced to up to seven additional years in state prison.

After the current charges were filed Torres was transferred out of Five Points and sent to another facility. According to the New York State Department of Corrections website, Torres will be eligible for parole in 2013.