Earlier this month (the night of August 31, 2012 through the morning of September 1, 2012), the Port Authority set up a checkpoint on the New Jersey side of the Holland Tunnel. The PAPD stopped a total of one hundred twenty-five vehicles during the operation, with three of the stops leading to three DWI arrests. […]
DWI/Criminal
Westchester County DWI Attorney Report: Long Island Grandmother Arrested for Aggravated DWI
A Suffolk County police officer arrested a grandmother from Long Island on Friday night when she allegedly drove drunk with her minor grandchildren in the backseat. The New York Post reports that the driver was stopped when an officer saw that she had been driving while missing one of her front wheels, at which point […]
Homicide Charges Dismissed in Long Island DWI Case
A Suffolk County judge has dismissed all charges that had been pending against a teenager in Long Island following a crash that led to the death of a passenger in his car. The accident occurred in the Hamptons last year, and was at first suspected to be a DWI. The DWI charge was dropped when […]
Hamptons DWI Initiative Yields More Than Twenty Arrests
An initiative spearheaded by Suffolk County DA Thomas Spota to ramp up efforts to catch drunk drivers resulted in more than twenty arrests over the Fourth of July weekend. The program utilizes extra police officers from a variety of townships on the East End to patrol for suspected drunk drivers. Spota hopes to curb what […]
Former Firefighter Files Suit Against Yankees and 2 Fans After May Fight
A retired FDNY firefighter has filed a lawsuit against the New York Yankees, their hospitality services provider, and two men who allegedly attacked him after a game in early May. The suit alleges that the alleged attackers were sold additional alcohol when they were already intoxicated. Simply stated, the New York Dram Shop Act provides […]
Plea Deal Reached in Long Island DWI Case
A Shirley, Long Island man standing trial for the death of a fellow motorist in a 2010 DWI crash has pleaded guilty in exchange for a sentence of 3-9 years in prison. Scott Tolar accepted this plea of guilty to vehicular manslaughter and driving while intoxicated. Section 1192(2) of the New York Vehicle and Traffic […]
Westchester, NY Criminal Defense Attorney Report: Charges Dismissed In Assault Case
Recently, in a Westchester County, NY criminal matter handled by the Law Offices of Thomas L. Gallivan, PLLC, our client, a 20 year-old male, was arrested and originally charged with Assault in the second degree, a Felony, after a fight with his mother’s boyfriend. The boyfriend was a 46 year-old with a criminal history of […]
Supreme Court, Appellate Division Upholds Depraved Indifference Murder Conviction Stemming From Car Accident
Earlier this month, a Brooklyn appellate panel upheld the murder conviction of Franklin McPherson. McPherson was convicted of second degree murder after driving the wrong way for approximately five miles on the Southern State Parkway in October of 2007, eventually striking another car and killing its driver. Defense counsel argued that because McPherson had been […]
Court Rules Bronx District Attorney Failed to Meet Speedy Trial Requirements
A Bronx judge ruled on October 7th that the Bronx DA failed to meet the requirements of “exceptional circumstances” in failing to produce police witnesses in the criminal trial of a man accused of felony assault and marijuana possession, among other charges. The DA had argued that the witnesses, two police officers, were unable to […]
White Plains, NY Criminal Defense Attorney Report: Charge Dismissed in Upstate New York Assault Case
A court in upstate New York (Niagara County) recently dismissed a misdemeanor charge of assault in the third degree due to a fatal defect in the factual assertions of the case included in the accusatory instrument. As a brief background, the defendant was accused of punching his brother-in-law in the face, and subsequently striking him […]
White Plains, NY DWI Lawyer Report: Client Acquitted Of DWI After Bench Trial
In an Orange County, NY criminal case, our client, a criminal defendant was charged with 2 counts of misdemeanor driving while intoxicated (DWI) while operating an ATV. His BAC reading was .16. In New York, the legal limit is .08. Under New York Law, misdemeanor driving while intoxicated is defined under Vehicle & Traffic Law […]
White Plains, NY Criminal Attorney Report: Charges Dismissed In Domestic Violence Case
Our firm recently represented a criminal defendant in a local city court charged with the following offenses under 2 separate dockets: Docket #1 1) Attempted Assault in the third degree (Penal Law §120.00); and 2) Harassment in the second degree (Penal Law §240.26). Docket #2 1) Assault in the third degree (Penal Law §120.00);2) Menacing […]
New York Firefighter Charged with DWI after Accident in Bronx
An off-duty New York City Firefighter is facing multiple charges, including DWI and leaving the scene of an accident, after crashing into another car in the Bronx (NYC) on Thursday night. The firefighter was apprehended by police after leaving the accident, which occured on the Grand Concourse at approximately 10:30 pm. The motorists in the […]
New York State Police Seeking Witnesses in Fatal DWI
New York State Police are seeking witnesses in a fatal DWI crash that left Daniel Macalena dead early Saturday morning. According to State Police Investigator Matt Manza, Macalena, of Wappinger’s Falls, had stopped his vehicle in the center lane of the Sprain Brook Parkway just south of the Jackson Avenue exit when he was struck […]
Troopers Charge 3 Westchester Motorists with DWI
Troopers charged three New York motorists with driving while intoxicated (DWI) recently in separate investigations in Port Chester, Croton-on-Hudson and Southeast, state police said today. Stephanie G. Madeira, 24, of Danbury, Conn., was charged with misdemeanor driving while intoxicated around 1:30 a.m. today on Interstate 84 in Southeast, police said.Lisa J. Yellen, 51, of Cortlandt […]
Westchester NY DWI Lawyer Report: 25 Arrested In Westchester And Putnam For DWI Over Fourth Weekend
New York State Troopers made 25 arrests for Driving While Intoxicated (DWI) over the Fourth of July weekend in Westchester and Putnam counties. Some of those charged were arrested for DWI based on failing a chemical test often referred to as a breathalyzer. The legal threshold for misdemeanor DWI is .08 percent. However, a more […]
Yorktown NY Man Charged With DWI After Motor Vehicle Accident In Westchester County
According to a June 11, 2010 Journal News Report by Terry Corcoran, a 21-year-old Yorktown, New York man was charged with misdemeanor driving while intoxicated (DWI) after crashing his car in the early morning hours of June 10, 2010 in the Westchester County Town. The 21 year-old has been charged with driving while intoxicated, a […]
Two Westchester County Residents Charged With DWI After Unrelated Accidents
Two Westchester County, NY residents were charged with Driving While Intoxicated (DWI) after their involvement in unrelated accidents. Debra Heyde, a 49 year-old Yorktown woman, was charged with misdemeanor Driving While Intoxicated (DWI) on March 6, 2010 after her car struck a utility pole on Greenwood Street. She was also charged with various traffic violations. […]
Former Yonkers Man Enters Pleas Of Guilty To Multiple Felonies Stemming From May 2009 Car Accident/Wrongful Death Of 29 Year-Old
A 26 year-old former Yonkers resident, Louis Nardella, Jr., entered pleas of guilty to multiple felonies stemming from a car accident that killed a 29-year-old woman in New Rochelle. Mr. Nardella pled guilty to vehicular manslaughter, criminal possession of a controlled substance, tampering with physical evidence, driving while intoxicated (DWI), driving while impaired by drugs, […]
Westchester NY Bicycle Accident Attorney Report: 11 Year-Old On Bike Injured By DWI Dad In Pelham, NY
On July 17, 2008, a 50-year-old New Rochelle, NY dad, William A. Furelle, drove drunk with his three daughters in the car. While taking the three children ages 5, 9, and 10 to dinner, Furelle injured an 11-year-old bicyclist on Storer Avenue in Pelham. The young child hit the van’s windshield, and he suffered injuries […]
Westchester County DWI Lawyer Report: Yorktown Woman Charged With DWI On Taconic Parkway
Maryam A. Tantawy, a 25 year-old female, was arrested and charged with Driving While Intoxicated (DWI) by State Police on January 29, 2010. She was initially pulled over for failing to signal a lane change at 4:57 a.m. Upon further examination, she was found to have a 1.0 blood alcohol level (the legal limit is […]
Westchester County (NY) Car Accident Lawyer Report: Bronx Man Receives Two Year Sentence After Injuring Teen
Desmond Shand, a 41-year-old Bronx resident, was sentenced to two years in state prison for a number of misdemeanor and felony convictions, including assault and vehicular assault. Shand pleaded guilty to the full eleven-count indictment against him. In addition to the aforementioned felonies, Shand was charged with leaving the scene, driving while intoxicated, reckless endangerment, […]
Westchester County (NY) DWI Lawyer Report: 9 Arrested On New Year’s For DWI And Related Offenses In Westchester County
Westchester County police officers charged eight motorists with driving under the influence of alcohol (DWI) on New Years Eve and into the morning hours of the new decade. The crackdown on drunk drivers took place all over Westchester County with 6 of the arrests ocurring at an over-night check point set up where the Bronx […]
Westchester County (NY) DWI Attorney Report: 6 Arrested For DWI In Westchester County
According to a December 18, 2009 Journal News report written by Terrence Corcoran, six motorists from Westchester County, NY and Connecticut were charged with Driving While Intoxicated (DWI) on Thursday, including a Buchanan man charged with felony DWI due to two prior convictions for the same offense. The arrests were made along the Sprain Brook […]
NY Car Accident Law: Driver Who Strikes Intoxicated Pedestrian Can Seek Contribution From Bar
The New York Appellate Division, Second Department recently held that a driver who has struck an intoxicated pedestrian can seek contribution from a bar or restaurant under the Dram Shop Act. O’Gara v. Alacci, 2009 WL 3047886, 2009 N.Y. Slip Op. 06668 (2d Dept Sept. 22, 2009). Under the New York Dram Shop law, bar […]