Can a passenger get charged with allowing an intoxicated person drive their car?

I am licensed to practice law in New York as well as Tennessee. In Tennessee you can get charged for allowing an intoxicated person to drive if you are in the vehicle with them. In New York that is not the law yet.  However New York does make it a criminal offense to facilitate aggravated unlicensed operation. So if you allow someone with a suspended license to drive your vehicle, you can get charged with a crime. I anticipate that it is just a matter of time before New York criminalizes facilitating DWI.

Is it illegal to drink and drive on a lawn mower?

The answer is yes if you are on a public road. For instance, you cut your grass and drink a few beers. You then decide to be a nice neighbor and drive down the street to cut you neighbor’s lawn. If you get pulled over on your street, you are subject to the same drinking and driving rules that govern the operation of your car.  You can get a DWI/DUI and end up in criminal court defending the charges.

If I am pulled over by the police, what information do I have to answer?

Often times police will attempt to engage you in conversation to gauge whether or not you are under the influence of alcohol.  The truth is that you are only required by law to provide biographical information (name, address, date of birth, etc.).  Beyond that, you have a right to decline to answer questions. Keep in mind, however, that you should never argue with the police. Always be polite and respectful.

Should I hire a lawyer for a traffic ticket

The answer is absolutely.  If you go to court without an attorney, you will likely receive several points on your driving record. This will result in higher insurance premiums and possibly getting dropped by your insurance company. If the prosecutor allows you to avoid points by going to driving school, you will spend hours of your valuable time in the school and still end up paying a large fine in addition to the cost of the driving class.

Man, driving wrong way on Route 33, faces charges of DWI

A 27-year-old Buffalo man was captured on DWI charges, Sunday. After reportedly leaving the scene of an accident. Brandon Torrence of Buffalo was driving the incorrect route on the Kensington Expressway. When he struck another vehicle at about 2:15 a.m., police said.

Torrence kept driving, however was halted later on Fillmore Avenue, police said.

The driver of the other automobile was taken to Erie County Medical Center. After that he was treated for non-hazardous wound.

Police accuse Torrence of DWI and fleeing the scene of an accident.

LA City Council Passes $9.9 Billion Budget for 2018-2019

The Los Angeles City Council approved a $9.9 billion spending plan for the next fiscal year recently, boosting contributions to the city’s cash reserves and funding for housing projects for the homeless.

In a 15-0 vote, the City Council approved a budget that will, among other things, increase staff at the 311 call center, spend over $260 million on repairs for the city’s most damaged streets and sidewalks, add 70 beds to domestic violence shelters, and fund Census 2020 outreach and educational efforts.

City lawmakers also approved a series of motions Monday to boost the budget stabilization fund to $107 million – above the $104 million proposed by Mayor Eric Garcetti – and the reserve fund to $351 million, $8 million above what the mayor requested.

An additional $6 million was approved by the council for a mid-year budget fund to make up for any potential shortfalls.

Garcetti’s proposed budget, unveiled on April 19, relies on a projected 5.6 percent increase in revenues from property, sales and hotel taxes.

Meanwhile, cannabis shops are expected to pump $10 million in additional revenue according to a May 15 report by the city’s chief legislative analyst.

Total revenue from legal pot is less that what the city estimated, however: In June 2017, City Controller Ron Galperin estimated the city could see $50 million in taxes from marijuana in 2018.

The proposed budget includes $2.3 million for staff to enforce laws against unlicensed cannabis businesses.

It includes $91 million for Vision Zero, a project to eliminate all traffic deaths by 2025, and other traffic and pedestrian safety projects.

The budget also commits $10 million to a fund for police overtime pay and $9 million to hire 195 firefighters.

Pension costs for the city’s public employees, meanwhile, are projected to increase by $91.8 million, bringing total spending to $1.2 billion over the next year.

Riding the wave of a strong state economy, Garcetti – a potential 2020 presidential candidate – proposed a 7.6 percent increase from last year’s budget.

In early May, California climbed the global rankings to become the fifth largest economy in the world. But not all residents are thriving in the state’s economic boom.

California leads the nation with both the highest number of people experiencing homelessness – about 134,000, or 24 percent of the nation’s total – and the highest proportion of unsheltered homeless people of any state at 68 percent, according to a California State Auditor report issued last month.

A report by Phil Ansell, director of Los Angeles County’s homeless initiatives, said nearly half of LA County residents pay more than 30 percent of their income on rent.

Over 80 percent of the lowest income residents who make under $15,000 annually pay more than half their income on rent, according to county data.

The City Council-approved budget would create a $20 million fund for emergency homeless shelters in districts across Los Angeles and spend $176 million on programs to address homelessness.

The bulk of financing for homelessness programs comes from Proposition HHH, a tax approved by Los Angeles voters in November 2017.

The next fiscal year will be the first full year of Proposition HHH funding. The parcel tax is expected to raise $1.2 billion in bonds for the construction of 10,000 housing units.

Garcetti’s proposed budget kicked off weeks of public hearings by lawmakers, analysis from city officials and comment from the public.

In a May 3 letter to city leaders, the Historic Highland Park Neighborhood Council said the issues of homelessness and lack of affordable housing have been “endlessly discussed but so far have lacked satisfactory resolution.”

The neighborhood council also took issue with the amount lawmakers allocated to the reserve fund, which they said is below state requirements.

“We want the fiscal resilience to feel confident about our future,” the letter said.

All 15 council members were elated once the final votes were tallied.

Councilmember Paul Krekorian said it was the fastest city budget process in recent memory.

“No one should think the speed at which this process was completed should indicate any kind of lack of vetting,” Krekorian said.

Sharon Gin, legislative assistant at the city clerk’s office, said the budget will now go to the mayor’s desk.

Garcetti can either sign the budget, veto it or decide to take no action.

Whatever he decides, a full budget must be in place by June 1, Gin said.

As locals rung in 2019, police warned about dangers of driving while intoxicated.

Police want to make sure everyone is staying safe.

We attended a big New Year’s Eve party at the Century Center. People said goodbye to 2018 and hello 2019.

Police say it’s okay to have a few drinks, but they just don’t want you driving afterwards.

The booze and the beer is flowing at O’Rourke’s Public House at Eddy Street Commons in South Bend.

Hundreds spent New year’s Eve in South Bend for the NHL Winter Classic between the Bruins and the Blackhawks — and this rivalry runs deep.

These fans are sworn enemies, but there is one thing they can agree on.

“Never drive drunk, never, there’s no reason.”

“Don’t drive, don’t drink and drive for sure, don’t do that.”

It happens every year, and police are cracking down.

Agencies throughout St. Joseph County and the Michiana area have had extra officers on hand looking for impaired and dangerous drivers.

“Bottom line is if we catch you, if you’re driving impaired, you’re going to go to jail,” said Lt. Williams, Mishawaka police.

Last year during the new year holiday, the St. Joseph County Traffic Safety Partnership reported 10 DUI arrests and NO fatal or alcohol-related crashes.

They are hoping to keep those numbers the same.

“Victims that you leave behind are your family and friends, because if you’re the one that died in that crash we’re going to notify them that you died and the reason why you died,” said Williams.

And if you head out and have a drink or two the Bruins and Blackhawks fans have a suggestion for how to get home.

“Uber, absolutely Uber,” said one fan.

Services like Uber and Lyft say they have tried to put extra drivers on the road because tonight is so busy.

Police also suggest taxis or relatives just to make sure that everyone gets home safe and sound.

2019 California Law looks to deter drunk driving

A California DUI prevention law went into effect on January 1st, 2019.

“The DMV has put together a law related to the new interlock device, and we will be enforcing that,” said Lt. Greg Klingenberg, of the California Highway Patrol.

In 2019, repeat offenders will be required to connect a breathalyzer to their vehicles. The device will prevent the ignition from starting unless they’re sober.

“Don’t drink and drive,” Klingenberg reiterated.

Convicted drunk drivers in California will also be responsible for the cost of the interlock device –about $3 a day. They’ll be required to use it for a period of 12 to 48 months.

First offenders who don’t cause any injuries can choose to install the breathalyzer for six months, or have a restricted license for one year.

Lt. Klingenberg explained other state DUI regulations remain the same.

“The law hasn’t changed related to what the level is. Anything over 0.08 is driving under the influence of alcohol. I’m aware that there are other states, like Utah, that has lowered their level to 0.05. But that hasn’t changed for California.”

The CHP spokesperson reminded residents his agency had been on the look out for drunk drivers on New Year’s Eve.

“We’ll have every available officer out enforcing all the laws to include DUI, and obviously there’s a special focus on that just because of the New Year’s Eve holiday.”

In 2019, Federal Judiciary Seeks Funding and Cost-Saving Successes.

Representatives of the Federal Judiciary recently asked Congress to provide $7.22 billion in 2019 to fund continued operations of the judicial branch. The request includes funding to sustain cybersecurity initiatives and ensure sufficient security at federal courthouses.

“We ask that you consider the Judiciary’s unique constitutional role in our system of government,” said Judge John W. Lungstrum, chair of the Judicial Conference Committee on the Budget. “In return, we commit to you that we will continue to be good fiscal stewards, cutting costs where possible, spending each dollar wisely, and making smart investments to achieve long-term savings.”

Lungstrum testified before the House Appropriations Subcommittee on Financial Services and General Government. He was joined by James C. Duff, director of the Administrative Office of the U.S. Courts. They presented the Judiciary’s budget request for fiscal year 2019, which starts October 1, 2018.

“I would like to acknowledge the subcommittee for its generous and consistent support of the Judiciary’s needs,” Duff said. “We hope to maintain your confidence and support through another year of successful performance of our constitutional and statutory duties and efficient stewardship of taxpayer resources through the continuation of our longstanding cost containment program.” The fiscal year 2019 budget request reflects an overall increase of 3.2 percent to maintain current services and to fund priority initiatives.

Lungstrum said the Judiciary is requesting $95 million for cybersecurity, saying that the Judiciary has moved aggressively to upgrade IT protections since 2015 cyber attacks compromised Office of Personnel Management records. “Inevitably, Judiciary systems have and will continue to be targeted, like numerous government and commercial entities worldwide,” Lungstrum said.

The Judiciary also is seeking increases for the defender services program to handle projected caseload and other priorities; additional funding to improve courthouse security; and funding to update PACTS, a national integrated database that helps probation and pretrial services officers supervise criminal offenders and defendants under community supervision.

Lungstrum’s and Duff’s statements each highlighted Judiciary initiatives to save money.

Lungstrum said the Judiciary recently surpassed its national 3 percent space reduction goal set in 2013. To date, that initiative has saved the Judiciary $25 million in annual rent costs. When combined with new policies negotiated by the Judiciary with the General Services Administration on how GSA appraises and charges for certain types of rental space, federal courts have achieved annual rent savings of nearly $80 million.

In addition, the Judiciary has worked to cut costs by encouraging court units to share common administrative functions. “Over 90 percent of all courts report having formal or informal/temporary sharing arrangements of some kind,” he said.

Lungstrum expressed concern in written testimony that proposed cuts to non-defense federal spending in fiscal year 2019 could significantly impact the Judiciary. Such cuts “would come at a time in which the Administration intends to increase border security and law enforcement activities, which will increase our workload,” he said.

He also thanked Congress for Judiciary funding levels in the Consolidated Appropriations Act of 2018. The recently passed law, which funds the federal government for fiscal year 2018, included funding to increase the daily juror attendance fee from $40 to $50, raised hourly fees for private lawyers appointed to represent criminal defendants, and included GSA funding to build three top-priority courthouses.

 

Couples seeking divorce amid changing laws in 2019

Droves of couples seeking divorce are flooding courthouses across the country, apparently agreeing on one thing: Make it official by the end of the year.

Divorce attorneys are reporting that their workloads have increased four-fold, all to help their clients end their marriage by 2019 when changes from President Donald Trump’s Tax Cuts and Jobs Act will be felt. The new law makes significant changes to the that alimony payments are taxed, reducing tax savings by eliminating deductions.

One Florida Judge is even adding extra court time, citing the change in tax law as the reason, and is making herself available on Dec. 27 and Dec. 28, days when the court would otherwise typically be closed, CBS MoneyWatch reported.

IRS data shows that about 586,000 filers claimed alimony deduction for the 2016 tax year, and the move is estimated to bring in $6.9 billion over the course of nine years, The Hill reports.

By the end of the year, divorce filings may be up as much as 20 percent over 2017, President of the American Academy of Matrimonial Lawyers Peter M. Walzer told CBS MoneyWatch.

A majority of matrimonial lawyers believe that the changes to the law would lead to more contentious settlement negotiations.

However, the new tax code may affect fewer people, as divorce rates overall have fallen over the past several years.