Under New York law, if a person is pulled over for suspected driving while under the influence of alcohol, the driver must submit to a chemical test (breath, blood, urine, or saliva), as a matter of “implied consent.” This does not mean that drivers absolutely have to submit to a…
This proceeding involves a motion by Westchester Medical Center for summary judgment upon Progressive Casualty Insurance Company’s failure to either pay the Hospital’s no-fault benefits or deny its claim within 30 days as required by Insurance Law § 5106(a). The court denies the motion. The antecedent facts are as follows:…
People v. Romano The defendant, in an information was charged with Attempted Criminal Contempt in Second Degree and Aggravated Harassment. The alleged crimes were in violation of a protection order regarding a domestic dispute involving the defendant and the mother of his child, who was the complainant. The defendant…
The defendant, who was an employee of a bar, assisted an intoxicated patron of his place of employment by giving her a ride to her destination. She was distraught and screaming and requested that the defendant to stop and let her out in the roadway. She then jumped…
The petitioner, who was the owner and operator of a motor vehicle that was involved in a motor vehicle collision after the other driver involved, was driving while intoxicated DWI on October 2, 1961. The petitioner later commenced a negligence claim against the intoxicated driver; however, his insurance…
The Defendant was indicted for Criminally Buying and Receiving Stolen Property as a Felony, Criminally Concealing and withholding as a Felony, Knowingly have in his possession a motor vehicle the identification mark of which had been altered, destroyed or removed for the purpose of concealment or misrepresenting the identity…
People v. Johnson Court Discusses Questioning an Intoxicated Defendant after Receiving Miranda Rights The defendant, who hit a parked motor vehicle, was arrested for operating a motor vehicle while under the influence of alcohol. The defendant was arrested after the police officer observed that he defendant had bloodshot eyes, slurred…
Court Discusses the Motion for Summary Judgment in Relation to the Serious Injuries Sustained by the Plaintiff The plaintiff alleged that he suffered injuries as a result of an accident that occurred on January 1, 2005 when the first defendant collided into the plaintiff. The plaintiff bought an action for…
The plaintiff was arrested and charged for driving while intoxicated DWI on October 30, 2002, after a breathalyzer test revealed that his blood alcohol content was .30 percent. His motor vehicle used while driving was also seized and later held for forfeiture action. He entered a guilty felony plea for…
The defendant was charged with driving while intoxicated on April 10, 1983 and was ordered to return to court on May 12, 1983. The defendant failed to appear on the specified date and a bench warrant was issued for his arrest after a felony complaint was filed charging the defendant…