Former NHL Analyst Pleads Guilty To DWI, Avoids Deportation To Canada

The arrest and subsequent plea of a former NHL player on DWI charges prompts a look at New York's tough DWI laws.

2012-11-30

November 30, 2012 (Press-News.org) Former NHL analyst pleads guilty to DWI, avoids deportation to Canada

The arrest and subsequent plea of a former NHL player on DWI charges prompts a look at New York's tough DWI laws and how an experienced criminal defense attorney can help those accused of DWI build successful cases.

Former NHL player and ESPN hockey analyst Matthew Barnaby pled guilty to driving while under the influence of alcohol, refusing a breath test, failing to notify the Department of Motor Vehicles of a change in address and driving with unsafe tires.

According to ESPN, Barnaby was visibly shaken as he made his plea and was sentenced to 100 hours of community service, alcohol abuse counseling and paying nearly $2,000 in fines. Barnaby was arrested and had his license revoked after failing a field sobriety test and refusing to take a breath or other chemical test. The arresting officer noticed that a front tire on Barnaby's Porsche Cheyenne was missing, which caused sparks to fly as he drove down the road. ESPN fired Barnaby less than 24 hours from the time of his arrest.

By pleading guilty, Barnaby avoided jail time which would have made the Canadian native a candidate for deportation after he served his sentence. In his statement, Barnaby took full responsibility for his actions and pledged that he would not drink and drive again.

New York's tough DWI laws

Though pleading guilty helped Barnaby avoid jail time, his sentence still includes some of the tough penalties the state of New York inflicts on those convicted of driving under the influence. First time-offenders with a blood alcohol concentration (BAC) of .08 percent or higher (.04 percent for commercial drivers) face fines up to $1,000, up to a year in jail and license revocation up to six months.

First-time offenders with a BAC of .18 percent or higher face aggravated DWI charges and fines up to $2,500, a year in jail and a license suspension of at least a year. Penalties for both DWI and aggravated DWI increase for subsequent offenses.

As the Barnaby case shows, it is illegal to refuse a breath or other chemical BAC test in New York. Those who refuse a chemical test have their licenses revoked immediately for at least a year (18 months for commercial drivers) and a $500 civil penalty to apply for a new license ($550 for commercial drivers), but no jail time.

New York state's DWI laws and penalties are tough, but it is possible to build a defense against accusations of driving under the influence. Doing so requires an attorney who thoroughly understands New York's DWI laws. If you have been accused of driving under the influence, contact an experienced criminal defense attorney.

Article provided by DeRoberts Law Firm
Visit us at http://www.derobertslawfirm.com

ELSE PRESS RELEASES FROM THIS DATE:

What Makes a DUI Checkpoint Illegal?

2012-11-30

What makes a DUI checkpoint illegal? The U.S. Supreme Court has ruled that DUI sobriety checkpoints are constitutional, despite challengers who claimed the stops violate the U.S. Constitution's prohibition against unreasonable searches and seizures. In what many attorneys refer to as the Fourth Amendment's "DUI exception," law enforcement agencies may set up checkpoints and stop vehicles to ensure the driver is not intoxicated, even without any specific reason to believe that a driver may be under the influence of alcohol. Still, there are limits on how DUI ...

Saving Lives with Florida's 911 Good Samaritan Act

2012-11-30

Saving lives with Florida's 911 Good Samaritan Act In September 2011, 18-year-old football player Joey Boylan died after ingesting a lethal combination of prescription drugs. Afraid to call the police for fear of punishment, six of his friends decided to carry the unconscious Boylan into the home where they were partying and try to revive him. Unsuccessful, they put him on a bed and went to sleep while Joey slowly died of a drug overdose. Nine hours after Joey initially collapsed, his friends called 911. Sadly, Joey Boylan's case is not unique. Many people have died ...

Supreme Court To Rule On Validity Of Warrantless Blood Alcohol Tests

2012-11-30

Supreme Court to rule on validity of warrantless blood alcohol tests When an officer suspects that you are driving drunk, can you be forced to undergo a blood test against your will? This is the legal issue that is currently before the United States Supreme Court. The decision, which could affect how DUI suspects are treated nationwide, will decide whether the Fourth Amendment protects against compulsory blood tests in such a situation. The case, Missouri v. McNeely, started when a Missouri highway patrol officer pulled over Tyler McNeely for speeding one night. During ...

An Overview of Prenuptial Agreements in Virginia

2012-11-30

An Overview of Prenuptial Agreements in Virginia A prenuptial agreement, or prenup, is a contract between spouses that governs what their property and financial rights will be with regard to one another in the event of divorce, death or any other potential circumstance agreed upon by the couple. Topics often covered in a prenuptial agreement include: -Real estate -Division of bank accounts -Rights to past and future pensions and retirement accounts -Spousal support -Inheritance rights -Responsibility for debts Who Needs a Prenuptial Agreement? Traditionally, ...

Work Zones Increase Risk of Accidents for Workers and Drivers

2012-11-30

Work Zones Increase Risk of Accidents for Workers and Drivers Drivers in Illinois are more than familiar with construction work zones and probably identify them more as an inconvenience than as area of increased traffic accident risk. But, every year in Illinois more than 7,000 motor vehicle crashes occur in work zones. Last year 24 people died in work zone traffic accidents. Of those deaths 21 were drivers and passengers of vehicles, one was a pedestrian in a work zone and two were construction workers. Therefore, being aware of roadside construction signs and slowing ...

Motorists: Exercise Caution When the Car Breaks Down

2012-11-30

Motorists: Exercise Caution When the Car Breaks Down Coming upon a stopped or stalled car within traffic is unexpected--and a possible catalyst for disaster. In a recent fatal accident near Zebulon, North Carolina a car that had run out of gas late at night was sitting partially in the traffic lane of the highway. A car ran into the stopped car, spun out of control, was struck by another vehicle causing it to burst into flames. The driver of that car died, and three other people were also injured in the accident. This tragedy is a sobering reminder that drivers need ...

Fatal Massachusetts DUI Accidents Illustrate Penalties For Drunk Driving

2012-11-30

Fatal Massachusetts DUI accidents illustrate penalties for drunk driving Two Massachusetts drunk driving accidents earlier this year show the potentially severe penalties awaiting those convicted of driving under the influence in the state. These penalties increase dramatically when a driver, passenger or pedestrian is injured or killed in an accident involving intoxication. A recent example involved Jay Franklin, of Upton, Massachusetts, who was driving in Westfield when he was involved in an accident while driving with three passengers. The crash occurred early on ...

Massachusetts Increasing Its Monitoring Of Prescription Painkillers

2012-11-30

Massachusetts increasing its monitoring of prescription painkillers Massachusetts' Online Prescription Monitoring Program collects prescribing and dispensing information for prescription medications that are subject to abuse, such as painkillers and stimulants. The idea behind reporting is to prevent the same person from obtaining controlled substances from multiple sources and to track doctors and pharmacies that have a tendency to "overprescribe" potentially abusive drugs. Essentially, the PMP program looks to reduce the number of "doctor shopping" ...

Unnecessary Medical Tests And Treatments Can Harm Patients

2012-11-30

Unnecessary medical tests and treatments can harm patients Have you ever called your doctor because of a small concern only to be sent through a barrage of testing before even being seen by the physician? Have you ever been told by your doctor that you received unnecessary treatments because of a false positive on a test? If so, you are like many Americans who have been subjected to overtreatment by their physicians. While, on the surface, receiving unnecessary tests may seem like erring on the side of safety, they can actually have harmful consequences for the patient. ...

Four Tips For A Better Co-parenting Relationship After Divorce

2012-11-30

Four tips for a better co-parenting relationship after divorce For couples with children, divorce does not end a relationship but instead changes its focus. Although they no longer relate to one another in the context of marriage, in order to provide the best possible care for their children, divorced parents must learn to forge a new relationship as co-parents. The following tips may help smooth the transition for divorcing parents and help them provide a stable, healthy environment for their children. Model mutual respect Particularly in the immediate aftermath ...

LAST 30 PRESS RELEASES:

Tracing the quick synthesis of an industrially important catalyst

New software sheds light on cancer’s hidden genetic networks

UT Health San Antonio awarded $3 million in CPRIT grants to bolster cancer research and prevention efforts in South Texas

Third symposium spotlights global challenge of new contaminants in China’s fight against pollution

From straw to soil harmony: International team reveals how biochar supercharges carbon-smart farming

Myeloma: How AI is redrawing the map of cancer care

Manhattan E. Charurat, Ph.D., MHS invested as the Homer and Martha Gudelsky Distinguished Professor in Medicine at the University of Maryland School of Medicine

Insilico Medicine’s Pharma.AI Q4 Winter Launch Recap: Revolutionizing drug discovery with cutting-edge AI innovations, accelerating the path to pharmaceutical superintelligence