New York Car Accident Lawyer Blog

This case involves a ruling of the Court wherein the motion to suppress the blood test of the defendant on the ground that the court order and supporting affidavit are defective was denied.

A car accident occurred in Bayvile Avenue in the Incorporated Village of Bayville between two vehicles. The responding officer, who arrived at 2:22 A.M., noticed that the defendant was the driver of the overturned car and had some facial lacerations in the vicinity of the forehead and one of his cheeks. The other car was a red car who sustained severe damages in the front and passenger side which led to the wrongful death of one of the passengers. Drivers of both passengers were transported to the community hospital. Police officer arrived at 2:55 A.M. Upon inquiry, defendant said to the Police Officer that he was originally heading westbound on Bayville Avenue." The Police Officer then asked the defendant, "are you sure you were westbound or eastbound?" and "were you headed toward your parents' house or away from it?" The defendant "finally said that he was heading towards his parents' house which was eastbound".

While talking with the Brooklyn defendant, the Police Officer noticed an odor of alcoholic beverages on defendant’s breath. He described the odor as moderate level which wasn’t overly strong but it was noticeable even the officer was two feet away during the conversation. The Police Officer told the defendant that he is being placed under arrest for suspicion of driving while intoxicated. At 3:50 A.m., the Police Officer asked the defendant to submit himself to a chemical analysis of his breath. The defendant consulted his lawyer and thereafter refused to take the test. Following the refusal, which was about 4:20 A.M., efforts were made to get a court order. At approximately 5:30 A.M., a court order had been obtained and blood was taken from the defendant at 5:50 A.M.

The defendant was charged for Manslaughter in the Second Degree, Vehicular Manslaughter in the Second Degree, (two counts), Assault in the Second Degree, Vehicular Assault in the Second Degree, (two counts), and Operation of a Motor Vehicular While Under the Influence of Alcohol, (two counts). The defendant moved to suppress, (1) certain statements he made which he claimed were involuntary within the meaning of CPL 60.45 and (2) the results of the defendant's blood test.

The court held that (1) the moderate odor of an alcoholic beverage on the breath of the defendant coupled with (2) a head on two car collision on a two lane roadway divided by a double yellow line, and (3) the defendant's statements, (a) that he did not notice the other vehicle until it was in his lane and (b) that he was going west when in fact he was going east, sufficiently established a probable cause for the arrest of the defendant.

The Bronx Court further held that following the issuance of the court order, (5:27 A.M.) there was no unreasonable delay in the administering of the test (5:50 A.M.). And the time (2:20 A.M.) from the accident and the test refusal, (4:20 A.M.) to the drawing of the blood, (5:50 A.M.) from the defendant is not so remote as to make as a matter of law the results irrelevant to the central question of the defendant's blood alcohol count at the time of the accident. Accordingly, the motion to suppress the results of the defendant's blood test on this ground was denied.

Moreover, the court said that the purpose of the issuance of the said court order is only for the taking of blood from a designated person and there are no other variables or discretionary factors involved. From the Court's examination of the application and the order, all the requirements of Vehicle and Traffic Law Section 1194-a were met. Accordingly, the motion to suppress the court ordered blood test of the defendant on the grounds that the court order and supporting affidavit are defective was denied.

The Court further noted that the defendant did not dispute that a court order was obtained and that he did not claim that he or anyone else demanded to see it. The Court notes that Section 1194-a of the Vehicle and Traffic Law does not require any showing of such an order to the defendant or the personnel performing the chemical test.

As to the statements made by the defendant at the hospital, the Court held that the defendant was not in custody, that the statements were voluntary, and that the matter clearly was still in the investigative stage. The Court further found that the defendant's statements were not obtained from him by any threats, force, improper conduct, undue pressure, by means of any promise or in violation of such rights as he derives from the constitutions of this State and the United States. Accordingly, the motion to suppress defendant’s statements was denied.

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A young man involved in a multiple car accidents in Brooklyn and The Bronx last weekend is being held in the county jail awaiting his arraignment. The man was arrested after being involved in three separate collisions and leaving the each accident scene, reports a source. One of the other vehicles involved in the accidents was driven by a police officer. The officer was hurt and had to receive care at a local hospital.

The man, who did not have a valid license, was driving a stolen vehicle at the time of the accident. Though the young man had received permission to drive the vehicle to the owner’s house, he refused to relinquish the vehicle as planned. The owner of the vehicle had reported the theft before the man was involved in the accidents.

All of the accidents occurred after the man had spent the evening drinking at a party. It is assumed that the man was still under the influence of alcohol while he was driving and the appropriate charges have been filed. The result of the man’s breathalyzer test was not available at the time of this article.

At the time of the incident, the man was already wanted for several earlier criminal violations. Each of these cases, now that he has been arrested, will be addressed in the appropriate court of law. With his lengthy criminal record and his lack of respect for the law, the man will have a hard time defending himself when the case goes to trial.

The police officer has also filed assault charges against the man. He will mostly likely be held until his trial because of his blatant disregard for regulations as exemplified by the fact that he was driving without a license, states a cop.

It was unknown what caused the man to go on the vehicular rampage. It was possible that there was an argument or other incident that set him off or perhaps just an alcohol-induced lack of judgment. The young man was unavailable for comment.

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Police have handed a report to a radio station stating that they suspect a fatal traffic accident was caused by alcohol. The driver of one of the cars involved in the crash was charged with a DUI offence.

According to the report, the crash occurred at around 10:40 PM yesterday. The police were very fast to respond to the traffic incident which involved two cars. The crash happened on Route 95 just to the south of Exit 32. One person was killed and a few other people were injured by the accident.

The police investigation has shown that the driver of a Pontiac Grand Am was being driven by a woman who is intoxicated. She was also carrying two passengers. The drunk driver turned left very quickly which caused her to cut up another vehicle. The other vehicle was being driven by a 20 year old female and there was a 19 year old passenger in the car. Due to the drunk driver swerving the other car hit into it.

All of the occupants of both vehicles were sent to hospital for treatment of their injuries, explains the doctor. However, one later died as a result of serious injuries. The person that died was sitting in the rear of the car which is where the drunk driver’s car crashed into.

Police have since charged the driver from Brooklyn of the first vehicle with DUI. They have also charged her with operating on a suspended drivers license and also negligent operation of a car.

The state police are continuing to investigate the actual cause of the crash and are currently analyzing all the facts to try and determine what happened. They are currently looking at whether more criminal charges should be filed against anyone involved in the accident.

The affected section of Route 95 was shut down for around an hour to allow rescue crews to remove the passengers and drivers from both vehicles. The right lanes were opened shortly after the people had been sent to hospital in The Bronx. The entire Route 95 was opened again at around 1:50 AM.

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A young man from Copenhagen died as a result of injuries sustained in a road traffic accident. The accident happened in Copenhagen, Denmark during the early morning of Saturday.

The passenger which sustained the injuries of the car survived long enough for emergency services to attend the scene and offer first aid. He was transported to Upstate Medical University where he was receiving treatment for multiple internal injuries. He died whilst receiving this treatment.

The young man was a very popular person who had graduated Copenhagen Central School in 2008. He had many friends and would be missed by everyone that knew him.

The 21 year old man was a passenger in a Chevy Blazer which was involved in the accident at around 3 in the morning. The car came off the road and rolled several times according to police reports. Both the driver and passenger were thrown from the car. The driver of the vehicle was also 21 and is thought to of lost control when negotiating a difficult corner.

The passenger of the car was first taken to Samaritan Medical Center in Watertown. However, when the true extent of his injuries were known he was then sent to Upstate University for further treatment.

The driver was not badly injured. He required medical treatment for minor injuries and then he was later discharged from Samaritan Medical Center. He is thought to feel awful for causing the death of one of his best friends.

Although it’s suspected that the driver lost control around around a corner, it’s not actually known why this happened. Police are currently investigating the crash to find out the cause of the car coming off the road in the first place.

The rescue effort was assisted by the Copenhagen Fire Department and Search and Rescue. They managed to find the survivors and provide much needed medical treatment. It is very upsetting that one person died due to this crash, but it could have been much worse. Authorities in The Bronx and Brooklyn are looking at this case.

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Earlier this week, two people, a man and a woman, were killed in a head on collision as the woman moved into oncoming traffic. The two vehicles, both pickup trucks, were totaled as they smashed into each other. The man’s truck, at the time of the car accident, was a horse trailer which was also damaged in the collision.

The woman driving her pickup truck was at fault in the in accident; she was breaking the posted no passing signs in an attempt to pass a third vehicle which was on the road. In an attempt to pass the other vehicle quickly, the woman driver was traveling at dangerously high speeds, reports a witness. As she moved into oncoming traffic to attempt to pass, the two pickup trucks collided head on.

It is unknown exactly what speed the vehicles were traveling at the time of the incident. However, based on the damage to the two vehicles, the woman’s speed was dangerously high. At this point, there is no suspicion of drugs or alcohol being involved.

While we may never know what caused the woman to make this risky move, it is even more surprising in light of the fact that there was a toddler in the vehicle at the time. The report noted that the child survived the collision with only minor injuries. There was also a horse in the horse trailer at the time; the horse managed to escape the event uninjured.

Because of the narrow road where the accident occurred, it look police crews a long time to clear the accident and the road was shut down for several hours as emergencies crews removed the vehicles and the people involved.

Because there is little question that the woman who died was at fault in the accident, there will not be charges filed. Assuming that both drivers were properly insured, the insurance companies in The Bronx and Brooklyn will determine the liability and monetary compensation to each of the deceased estates. Services were planned for each of the drivers, but further details were not available at this point.

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Police stated Monday that a one-car accident killed a 23-year-old woman and injured a 29-year-old man Saturday night.

The police are still investigating but it looks like the driver of the vehicle will be charged with both a second-degree Vehicular Manslaughter offense and Driving While Intoxicated offense, a reporter recounted.

The 29-year-old man had allegedly been drinking at a party with his girlfriend, who was killed in the crash, and they were on their way home driving down the interstate in his 2003 Chevy Trailblazer. Sources said he somehow turned off the road and hit a guardrail and it sent the car flipping over. The 23-year-old woman was pronounced dead at the scene.

“Like many drunk driving cases, this guy was brought to a hospital and sustained very minor injuries,” indicated a spokesperson.

Police arrested the man shortly after he was given clearance by the hospital.

One witness at the scene remarked on the car accident, “They were driving very close to our car,” he said, “And the next thing I knew they were flipping over off the road. It was so fast and very scary. I’m surprised the guy survived the way that car was banged around.”

Since 1982, accidents with alcohol-related fatalities have gone down significantly, the police discovered. In 1982, 52% of the deaths in car crashes involved alcohol and the driver had a level of over .08 in 45% of those cases. In 2008, this number actually went down to 33% with the driver having a level over .08 28% of the time. Although this number is encouraging, we still have a lot of work to do to stop the drinking and driving. Authorities in The Bronx and Queens are constantly trying to accomplish this.

The driver was arraigned in his hometown and spent an evening in jail instead of posting $10,000 in cash/bonds. Authorities expect him to appear in court later in the week to face charges and possible sentencing.

The family of the girl who died was unavailable for comment but has placed a memorial for her by the road where she was killed.

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NY Car Accident Lawyers described a horrific crash involving three teenagers and a police car. “The kid was driving without headlights and a police officer was merely going to pull them over for safety reasons.”

He went on to explain that the driver quickly took off in his vehicle to avoid the police officer and subsequently sideswiped another vehicle and ended the tirade by slamming into a brick wall.

The reporters on the scene said there was a 15-year old boy, a 14-year-old boy and a 17-year-old boy in the car, who incidentally, was driving. The 15-year-old victim was sitting in the front passenger seat and did not survive the crash.

The ambulance crew confirmed that the boy had died on impact from the crash. Both the 14-year-old and the 17-year-old were taken to the local hospital for minor injuries.

The crash happened at 2 am according to the police reports and that was confirmed by anyone else on the scene. Police say they have tested the driver for alcohol and narcotics and are investigating the whole situation. It appears the boy might have fled from police because he feared they would know he’d been drinking.
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The boy is in police custody now and will face formal charges shortly.

A NY Injury Lawyer discovered that the Police had attempted to speak to the driver of the car shortly before the accident, but that the car drove off along the main road before colliding with the second vehicle and hitting a wall.

“I wish they would have just stopped to talk to me,” the police officer said. “A ticket for no headlights costs a lot less than the life of this child and the impact it will have on his family now.”

Witnesses at the scene remarked on the accident and how quickly it all happened. If this accident happened in The Bronx or Brooklyn it would be investigated in the same way.

“I saw the police officer try to go up to their window and they squealed away really fast and a few minutes later they flew into that wall. It was terrible.” One witness said. “I really feel bad and sad for the family of the kid who died.”

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A 23 year old woman who was flying high on Methamphetamine at 67 miles per hour crashed into a California Highway Patrol officer, last June, killing him instantly, claims a New York Injury Lawyer. The accident left the family of the officer devastated, and the driver who is accused of killing the man behind bars. 

This is the same as Drunk Driving. Reports obtained by authorities stated that the family of the victim is now filing civil suits against the woman in addition to the criminal charges being held against her. Police in the Bronx and Brooklyn want to make certain that they send a message that what the woman did was wrong and they state that all of the money that is won in the case will go towards helping others, in particular young people who want to become police officers. 

The Lawyer also stated in his report that the widow of the officer who was killed, along with his parents, had filed a wrongful death lawsuit against the woman in addition to a complaint of personal injury and property damage. The woman who killed the officer is still in custody and could face 15 years to life in prison just from the criminal charges filed against her. 

The NY City Car Accident Lawyer said that the civil cases will likely result in fines that could become quite steep. Friends and family of the officer say that he was a good man who just wanted to keep people safe. The woman is scheduled to go to trial in San Luis Obispo for her crimes.

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A man suspected of being intoxicated while driving died after crashing his car into a pole and then a wall. After being pulled over by police, the man fled the scene and minutes later crashed the vehicle, a white Honda Civic, says a NY Car Accident Lawyer. Police did not pursue the man after he sped away. A full examination by the medical examiner will tell police more about the level of alcohol in the man's system at the time of the accident. No one else was injured as a result of this accident.
The accident occurred shortly after midnight Sunday morning. Before the accident, police had pulled the man over after receiving a tip that a drunk driver was driving on the highway. Apparently, the man was drunk enough to catch the attention of other motorists. Police pulled the man over with the intention of determining whether the man was intoxicated. The man drove off before the police were able to question him, reports a New York Injury Attorney. The name of the driver will not be given to the media until the man's family has been notified. It is not uncommon for the names of those involved in fatal accidents not be reported until family members have been contacted.
It is not known where the man was coming from at the time of the accident. He may have been drinking at a bar or at a party. Unfortunately, police were unable to detain the man and prevent this senseless accident. If the man had been detained, he might have been taken into custody and held until he sobered up. The man probably did not want to face the consequences of driving under the influence which could have included fines or time in prison. Drunk driving is treated very seriously in The Bronx and Brooklyn
A toxicology exam will be performed to determine how much the man drank before the accident. It is unclear where the man was trying to go after he fled from police. Funeral arrangements will probably be made after the family has been notified.

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