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Drunk driver charged following New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Drunk Driving Accidents on Thursday, March 19th, 2015

One man is dead and a woman has been arrested following a serious accident in Smithtown, according to local sources. New York authorities responded to the head-on car accident that took place just after midnight on March 13. The woman, an alleged drunk driver, is recovering from her own injuries and awaiting arraignment on DWI charges. 

The accident report notes a 59-year-old man was heading northbound on Route 25A when a 36-year-old woman traveling in the opposite direction crossed the center line. The force of the head-on impact totalled both vehicles. The male driver had to be extricated from his vehicle by emergency workers due to the amount of damage the vehicle sustained. He was taken to a local hospital where he was pronounced dead some time later.

The woman was also taken to a hospital for treatment for injuries described by rescue workers as non life-threatening. She has been charged with DWI. In the meantime, police continue to gather evidence from the crash site and have urged local residents who may have witnessed the crash to report anything they know to the police. 

A drunk driver carries a special weight in the court of public opinion, considering the preventable nature of any accident caused. Here in New York, if the woman is found guilty of drunk driving, she could face serious jail time and other consequences. In addition, even if the criminal charge is not proved in court, the family of the deceased victim has the right to sue for wrongful death, based upon sufficient evidence of his wrongdoing. 

Source: Hauppauge NY Patch, “Smithtown Crash Kills 1, Kings Park Woman Charged With DWI“, Ryan Bonner, March 13, 2015


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New York police officer killed by suspected drunk driver

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Drunk Driving Accidents on Thursday, March 5th, 2015

An off-duty NYPD detective was tragically killed in a wrong-way crash on the morning of Feb. 27, according to investigators. A suspected drunk driver in a medically-induced coma with serious injuries is believed to be at fault for the accident, though an investigation is still underway. Charges against this driver may be pending, according to New York police sources. 

Apparently the 46-year-old detective was on his way to work around 4 a.m. when the crash occurred. It seems the 20-year-old driver was traveling the wrong way in the southbound lanes of Sprain Brook Parkway and had been doing so for approximately five miles. The two vehicles collided head-on. 

The detective was killed outright in the collision, and the other driver suffered traumatic injuries. He was taken to a local hospital and placed in a coma to heighten the chances of his survival. Police are waiting on blood samples to determine whether the man was drunk or otherwise under the influence of a substance at the time of the crash. The results of those samples will determine the next legal course of action taken in this tragic case. 

Should investigators decide the man was indeed a drunk driver or that he was otherwise intoxicated, he may face criminal charges in a New York court if he survives. Additionally, the family of the deceased detective may choose to file a wrongful death suit against the man (or his estate if he ultimately succumbs to his injuries). The success of such a suit is not contingent on a drunk driving charge because it has already been articulated that he was driving the wrong way, meaning a degree of culpability likely already exists. 

Source: CBS New York, “Off-Duty NYPD Detective Killed In Wrong-Way Crash On Sprain Brook Parkway“, Feb. 27, 2015


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New York man charged in alleged drunk driving accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Drunk Driving Accidents on Friday, February 20th, 2015

A man police believe was an astonishing four times over the legal limit has been charged in connection with an accident that seriously injured another driver, according to local news. New York police are calling this tragedy a drunk driving accident and have charged the driver with aggravated DWI. A court date was scheduled for Feb. 26. 

The accident report shows the 44-year-old New York resident was traveling south on State Route 22 when his vehicle crossed the center line and struck an oncoming vehicle head-on. The driver of the other vehicle was badly injured in the crash, and she was rushed to a local hospital. Her injuries were judged by medical professionals to be non life-threatening.

Upon interviewing the 44-year-old driver, police suspected he was intoxicated and administered a breath test. Police say he blew roughly .31 percent, nearly four times the legal limit of .08 in the state of New York. He now faces a misdemeanor charge of aggravated driving while intoxicated, in addition to traffic tickets. 

The only upside to a drunk driving accident of this nature is that no one was killed in the process. If the man is found guilty of the DWI charge he could face harsh penalties. Separately, the injured woman is entitled under New York law to file a personal injury lawsuit against him and any other party with an ownership interest in the vehicle the man was driving. The civil suit is not dependent on a guilty verdict in the criminal trial, and any incriminating evidence from those proceedings could be offered to support a personal injury case. 

Source: patch.com, “Brewster Man Charged with Aggravated DWI“, Lanning Taliafarro, Feb. 18, 2015


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