Posted On: November 29, 2008

New York DWI: Walk- and-Turn Field Sobriety Test

The walk-and-turn test is one of several field sobriety tests used by police when they suspect that a stopped driver may have been driving while intoxicated. The walk-and-turn test is a divided attention test in that it divides the driver's attention between listening, remembering, small muscle control, balancing, counting aloud, and walking heel-to-toe. It has two stages. It has the instruction stage and the walking stage. During the instruction stage, the driver is required to stand heel- to-toe with their hands at their side while listening to instructions. The walking stage takes place on a real or imaginary line. During the walking stage the driver must take nine heel- to- toe steps forward then turn around in a set way and then take nine heel- to- toe steps back towards where they started. The driver must also count their steps aloud and look down at their feet while performing the walking stage of the test. The turn requires the driver to keep their front foot on the line, turning as instructed and taking several small steps with their back foot until the turn is completed.

During the walk-and-turn test the police officer is trained to look for eight “clues”: inability to balance during the instruction stage; starting the walking stage too early; stopping during the walking stage; failure to touch heel- to-toe; stepping off the line; use of arms to balance; loss of balance during the turn or failing to turn in the prescribed manner and taking an incorrect number of steps. A driver who displays two or more of these clues or is unable to do the test is assumed by the police to have a blood alcohol content greater than 0.10. The National Highway Traffic Safety Administration claims that the walk-and-turn test is 68% accurate. In my book, that means the test is inaccurate 32% of the time.

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Posted On: November 26, 2008

New York DWI: Mandatory Surcharges

A person convicted of a drinking driver offense in New York State will be required to pay a mandatory surcharge over and above any other fines, fees or assessments. A conviction of a felony drinking driver offense carries a mandatory surcharge of $520.00. A conviction of a misdemeanor drinking driver offense carries a mandatory surcharge of $395 in cities and $400.00 in towns and villages. A conviction of a violation drinking driver offense carries a mandatory surcharge of $255.00 in cities and $260 in towns and villages

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Posted On: November 25, 2008

New York DWI: Driving With a Conditional License

Pursuant to New York Vehicle and Traffic Law § 1196(7)(a), a conditional license allows a person to operate a motor vehicle:

• to and from the person’s place of employment,

• during work if the person’s employment requires the operation of a motor vehicle;

• to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program so long as the person’s attendance is required,

• to and from a class or course at an accredited school, college or university;

• to and from a state approved institution of vocational or technical training;

• to or from court ordered probation activities;

• to and from a motor vehicle office for the transaction of business relating to such license or drinking driver program;

• for a three hour consecutive daytime period, chosen by the administrators of the drinking driver program, on a day during which the person is not engaged in usual employment or vocation;

• to and from a medical examination or treatment as part of a necessary medical treatment for such person or member of their household, as evidenced by a written statement to that effect from a licensed medical practitioner; and

• to and from a place, including a school, at which a child or children of the person are cared for on a regular basis and which is necessary for the person to maintain their employment or enrollment at an accredited school, college or university or at a state approved institution of vocational or technical training.

It is a traffic infraction for a person to drive with a conditional license at any other time. [VTL § 1196(7)(f)] A person convicted of driving with a conditional license at an unauthorized time will be fined two to five hundred dollars and/ or sentenced up to fifteen days in jail. [VTL § 1196(7)(f)] Their conditional license will also be revoked. [VTL § 1196(7)(f)]

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