Law Office of Luke Scardigno - Queens Criminal Defense Attorney

Posts tagged "DWI/DUI"

What does it mean to be too high to drive?

This November, an additional four states decriminalized the recreational use of marijuana. Numerous more states allow marijuana to be prescribed medicinally, including New York. As states increasingly treat marijuana similarly to alcohol, the question follows: what does it mean to be too high to drive?

Facing DWI charges in New York? Five things you should know.

It may begin with a celebration of a friend's birthday, with a promotion, or just a gathering to kick off the weekend. Whatever the reason, getting pulled over for suspicion of drunk driving is a stressful way to end an evening of celebration. Although you may be tempted to brush off the encounter, don't. If a stop leads to charges, it is important to take the charges seriously.


Justin Bieber, 19 years old, was arrested for DRIVING WHILE INTOXICATED (DWI), RESISTING ARREST, and DRIVING WITHOUT A LICENSE on early Thursday morning, January 23, in Miami. The Miami Beach Police pulled Beiber over for DRAG RACING in a multi-million dollar Miami residential neighborhood. He was driving a rented yellow Lamborghini, which was returned to the rental company, rather than being seized for forfeiture by the county in which the incident occurred since the vehicle was not owned by Beiber. 

Possession of Marijuana, Reckless Endangerment, Driving with a Suspended Licence, DWI, Probation Violation-AMANDA BYNES by SCARDIGNOLAW BLOG

On Thursday, May 23, 2013, the former child star, Amanda Bynes, who is 27 years old, was arrested once again, this time for allegedly throwing a marijuana bong out the window  of her 36th floor high-rise New York apartment building. The building manager, Rudy Toro,  called the police when he allegedly saw Bynes smoking marijuana in the lobby of the luxury apartment building. When the police arrived and entered her apartment, it is alleged that there was smoke and the odor of marijuana. It was then that Bynes allegedly threw the marijuana bong out of the window. Oddly enough the bong was not recovered. That is a point an Experienced Criminal Lawyer should and would state to the Court hearing the case.  


NBC Sports announcer Al Michaels was arrested over the weekend in Santa Monica, California on suspicion of drunken driving on Friday, April 19, 2013.Santa Monica police Sgt. Richard Lewis said the incident took place approximately 9:30 pm when officers allegedly saw Michaels make an illegal U-turn. The officers may have been set up at a DWI CHECKPOINT. Michaels, the play-by-play man for "Sunday Night Football," was taken into custody. He consented to take the breathalyzer, and is alleged to have registered a blood alcohol level (BAC) over the .08 percent legal limit, according to Sgt. Lewis. How high over the legal limit was not stated. Also, it was not stated whether field sobriety tests were performed on the 68 year old broadcaster who announced 'Do you believe in miracles?' in the 1980 Winter Olympics.In Queens, NY, the legal limit is the same, that is, .08 BAC. Anything from a .08 and higher, up to, but below a .18 BAC, is considered a Driving While Intoxicated, an unclassified misdemeanor, leaving a person convicted of same with a criminal record. A .18 or higher BAC is considered an Aggravated Driving While Intoxicated (ADWI) , also a misdemeanor crime but carries harsher penalties, fines and suspensions. However, do not be fooled, you can be arrested for registering lower than a .08 BAC in Queens NY, or any other county or part of New York State. In New York, if you register a .05 up to, but not greater than .08 BAC, that is considered a Driving While Impaired by Alcohol (DWAI) which is a traffic infraction, and not a crime. With a DWAI in Queens, the sentences are much lighter when it comes to penalties, suspensions and fines.Going back to the Michael's story, he was booked for suspicion of Driving under the influence of Alcohol (DUI), another way of saying DWI in other jurisdictions, and held for about five hours before being released on his own recognizance. Michaels was ordered to appear in court June 26, in the Los Angeles Municipal Court. No doubt he will appear with an experienced Criminal DWI Lawyer to challenge his stop, arrest and the results of the Breathalyzer.If you, or a loved one has been arrested and charged with DWI, DUI, or DWAI in Queens NY, or any other county in NYC, Nassau or Suffolk, you can contact me, Luke Scardigno, a QUEENS DWI LAWYER at 718 261-5151, or by email at [email protected] for a free and informative consultation on the Drunk Driving Laws of New York.

Actress Reese Witherspoon Arrested

Oscar-winning actress Reese Witherspoon was arrested and charged with Disorderly Conduct In the state of Georgia. In New York that charge is covered under the NYS Penal Law section 240.20, which is a violation, not a crime. The actress is accused of getting out of her car, and speaking to the law-enforcement officer, a Georgia state trooper, when her husband was pulled over for suspicion of DUI. She was asked to remain in the car. When she exited the car, she was asked to get back into the car. She allegedly refused that order. It has been reported that she said to the law-enforcement officer, "Do you know my name? State Trooper Pyland stopped Toth, 42, after allegedly seeing him weave in and out of his lane of traffic as he drove through the city's Buckhead community, according to the arrest report. Toth was charged with suspicion of DUI. Toth's eyes were allegedly bloodshot, and his clothing disheveled, Pyland wrote in his report. Both coordination tests and a breathalyzer test was administered to Toth. The test registered 0.139, well above the legal limit of 0.08 for a driving under the influence charge, the report said.
Ms. Witherspoon was charged with Disorderly Conduct.

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