In the bustling metropolis of New York, where life moves at the speed of light and the streets are a constant hive of activity, the safety of its residents and visitors is of paramount concern. To uphold this commitment, the state has enacted stringent laws governing traffic and driving under the influence. Among these statutes, NY Vehicle and Traffic Law § 1192.4-a stands as a pivotal piece of legislation.
In recent years, the issue of impaired driving has evolved to encompass not only alcohol but also the combined influence of drugs or a cocktail of drugs and alcohol. NY Vehicle and Traffic Law § 1192.4-a is the legal embodiment of New York’s unwavering dedication to addressing this multifaceted challenge. This statute addresses the offence of “Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drugs or Drugs,” acknowledging the complex interplay of substances that can impair an individual’s ability to safely operate a vehicle.
In this article, eastcoastlaws.com will delve into the nuances of NY Vehicle and Traffic Law § 1192.4-a, exploring its implications, penalties, and the broader context of combating impaired driving in the Empire State.
Driving While Ability Impaired by the Combined Influence of Drugs or Alcohol and any Drugs or Drugs
New York Vehicle and Traffic Law 1192.4-a handles driving while under the influence of drugs and alcohol or a combination of drugs, in addition to regulations that address driving while intoxicated by either alcohol or drugs. The prosecutor must be able to prove that you were driving while impaired by alcohol, drugs, or a mix of both in order for you to be found guilty of this offence. It makes no difference whether you were impaired by an illegal substance or a prescription drug that was obtained legally if you want to be prosecuted under this act.
Defences
A police officer must have reasonable suspicion before pulling a vehicle over for whatever reason. This implies that you must have committed a crime in the officer’s eyes. For instance, the officer would have justification to pull you over if you were speeding, moving too slowly, driving carelessly, or if the officer noticed that your car had been reported stolen. All evidence obtained from the stop would be inadmissible if you think the driver lacked probable cause, which would make it impossible for the prosecution to proceed with charging you with driving while intoxicated.
Sentence
Driving while intoxicated by combination is a misdemeanour if it is your first offence. A $500–$1,000 fine, up to a year in jail, or both may be imposed as part of the punishment. Your license will be suspended for a minimum of six months.
It will be a class E felony if it is your second conviction within the last ten years. There will be a $1,000–$5,000 fine and up to a 4-year prison sentence as the penalty. You’ll have your license suspended for at least a year.
In the event of a third conviction, the crime will be classified as a class D felony. You will be given a prison term of up to 7 years and will be ordered to pay a fine of $2,000 to $10,000. You’ll have your license suspended for at least a year.