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Words Matter: Reckless Driving in New York

admin — Thu, 12 Apr 2012 21:42:53 +0000

A conviction for reckless driving in New York will add five points onto your driver’s license, make your insurance skyrocket through the roof, and force you to pay a hefty fine. Unquestionably, reckless driving is serious and should be avoided at all costs.

You might wonder, “How do I know if I am driving ‘recklessly’ in New York?” According to VTL-1212, the law on the books prohibiting reckless driving, New York considers it to be driving in a way that: 1) unreasonably interferes with the free and proper use of the public highway or 2) unreasonably endangers users of that public highway.

This may still leave you wondering, “What in the world does unreasonable mean?” More importantly, “How do I avoid driving unreasonably?” The truth is, police officers in New York have a large amount of discretion to determine what kind of driving is considered unreasonable. Also, judges usually interpret the word “unreasonable” relatively broadly to include all sorts of abnormal driving.

Although it might seem academic, in reality, this word usage directly impacts all of us as New York drivers. Many of us could disagree about what we think is reckless or unreasonable, and these beliefs may be very different from those of the officer who decides to pull us over or the judge who convicts us for reckless driving in New York. In short, words matter.

For example, an individual in New York received a reckless driving ticket for going the wrong way down a one way street. Usually a different ticket is given out for this, but the officer felt that the conduct of the driver warranted a ticket for reckless driving in New York. Like many people, the driver could not be bothered hiring a lawyer to fight the ticket, taking the time off from work to appear in court, and simply accepted the penalty instead. This turned out to be a big mistake.

What the driver did not realize is that an attorney could have argued that his driving was not reckless or unreasonable at all. Perhaps the signage on the road was very poor and this led the driver to reasonably (not unreasonably) make a mistake. A good New York traffic lawyer versed in the technical language of the law would have been able to explain this to the prosecutor and get the driver out of the ticket.

Similarly, another New York driver was slapped with violating VTL-1212 for swerving in and out of lanes. He also gave in and did not hire a lawyer. This too is unfortunate for a very similar reason. The driver failed to realize that swerving is not automatically considered reckless. In other words, a lawyer could have made a case and truly argued on his behalf for a much lower offense.

It is extremely important for all drivers to understand that reckless driving in New York (i.e. violating VTL-1212) is considered a misdemeanor, not merely a moving violation. As such, it carries with it the possibility of jail time and a criminal record. We all know how difficult it is to keep and maintain a job during this economic downturn. The last thing anyone needs is a criminal record for something as avoidable as reckless driving.

Make sure that you are not like the two drivers mentioned above. If you are charged with reckless driving in New York (i.e. violating VTL-1212), be sure to hire an New York traffic lawyer who knows the ins and outs of New York traffic law.

The Difference between OUI and DWI

admin — Tue, 10 Apr 2012 04:51:51 +0000

Drunk driving has never led to anything positive or advantageous for anyone. In most cases, it can lead to damages in property and even worthless deaths. This is why law enforcement agencies are keen on stopping road accidents before they even manifest themselves by arresting people who are under the influence of liquors and other alcoholic substances.

Legally speaking, driving when you have just consumed a significant amount of alcohol is a criminal offense and there are many terms for it. Previously, it has been marked as DWI which could mean any of the following:

Driving While Intoxicated
Driving While Impaired
Driving While under the Influence

But in recent years, some states have begun to clearly delineate the penalties associated with drunk driving. For example in the state of Alaska in the United States, there is a marked difference between OUI (operating while under the influence) and DWI/DUI (driving while under influence).

The basic premise of an OUI charge is that if the offender is apprehended within the premises of the state of Alaska. If the accused drunk driver has been caught outside of the state or one of its municipalities such as Anchorage, it is called a DUI.

Situations with the Police

When police forces pull your vehicle over to check if you are indeed intoxicated, you must wholly cooperate and submit your breath for inspection. Apart from this breath test, the police may also request for the following tests as well:

License, registration and insurance papers
Simple physical exercises such as tipping your head and then touching the nose
Alphabet recitation
Following a pen with the eyes

But these random tests are inadmissible as evidence in court and the most credible piece of evidence that may be used for or against you is the results of the breath test.

There is only a specific limit to the amount of alcohol that can be found in your bloodstream. Most of the fifty states have a legal limit of 0.08 for citizens who are aged twenty-one years old. States such as Minnesota, Colorado and Delaware have raised the limit to 0.10. For highways linking America together, the standard is still 0.08.

Long Term Effects of Drunk Driving

Drunk driving has negative effects to your body as well apart from the risk of having vehicular accidents. It can cause the following conditions:

Staggering
Disorientation
Blackouts
Slurred speech
Double vision
Heart disease
Cirrhosis
Peptic ulcers

Besides the physical implications of drunk driving, an OUI or DWI record will reflect poorly on your social standing. It will have a significant effect on your chances to be employed especially after your prospective company will do a background check on you. You may even find it difficult to enter other countries such as Canada.

Lastly, you may not get jail time for the first time you commit this offense but the services of an OUI lawyer may be very expensive.

If you are suspected of drunk driving or OUI in the state of Maine, call Maine OUI Lawyers, contact Matt Nichols or John Webb at Nichols, Webb & Loranger by visiting www.nicholswebb.com for help with your case.

Frank E. Mann In the News: Dead Firefighters Wife is a Man

admin — Wed, 21 Jul 2010 05:46:25 +0000

A lawsuit filed Monday seeks to dissolve the marriage of the Wharton volunteer firefighter who died battling the Maxim Egg Farm blaze, on the grounds his wife, Nikki, used to be a man.

Simona Rodriguez Longoria, mother of the late Capt. Thomas Araguz III, and Heather Delgado, Araguz’s ex-wife, both filed court documents after his July 3 death, stating he did not know his wife was a man. Longoria filed July 12; Delgado July 14.

The suit, filed in Wharton County’s 329th District Court, also sought a temporary restraining order freezing all of the couple’s assets, a request granted by District Judge Randy Clapp that same day.

A hearing has been set for 9 a.m. Friday, July 23 before Judge Clapp.

At that time, the order says the court will determine if a temporary injunction should be issued, who Thomas Araguz’s property should be awarded to; and whether all death and survivor benefit payments should be placed in a court-supervised account until a final decision is rendered.

In the meantime, Nikki Araguz is prohibited from removing, damaging or destroying any items from the couple’s Wharton home, selling any of their property, withdrawing any funds from any checking or savings account except as authorized by the court, or collecting any death benefits including life insurance policies.

The case also requests a court officer be appointed to look after the interests of the two children.Delgado and Araguz had two children together – Trevor, age 9, and Tyler, age 6.

Contacted by the Wharton Journal-Spectator Wednesday, Nikki Araguz would not comment on the case.

Longoria and Delgado, both residents of Wharton, referred newspaper inquiries to their attorneys. Longoria is represented by Chad Ellis of Richmond; Delgado by Wharton native Frank Mann III of Houston, who represented her during her child custody proceedings.

“The bottom line in all of this is the potential death benefits and the protection of her sons’ interests. Thomas’s mother has filed a probate action to contest the marriage (to Nikki Araguz,)” Mann said Wednesday.

He added that with certain benefits half goes to the spouse and half to the children, so it is in the best interests of the family to have the marriage voided.

Ellis said for now, the family wants the focus to be that “they are proud of their son and the sacrifice he made in protecting the community.”

The Argument

Texas law, the suit claims, prohibits the marriage of two same-sex people and cites the 1999 San Antonio case Littleton vs. Prange on the issue of sex changes.

“The courts have held that someone who undergoes a sex change procedure remains as a matter of law, the same sex they were born as,” the suit argues.

“Unknown to (Thomas Araguz), Nikki Paige Purdue was born Justin Graham Purdue, a male, in Monterey County, Calif.,” the suit claims. It includes a copy of what is purported to be his/her birth certificate listing the June 4, 1975 birth of a boy in Carmel, Calif. to Sheri Lynn Taylor, 20, of Bryan, Texas and Christin Wayne Purdue, 20, who was serving in the U.S. Army.

The suit says Nikki Araguz legally changed her name Feb. 9, 1996 from Justin Graham Purdue to Nikki Paige Purdue.

The suit includes a copy of the name-change request with the statement, “I, Justin Purdue, am a woman with male anatomy, working toward a sex change. I have been living and working as a woman for over one year and seek to make my new name legal and permanent” included in the filing.

A document on file at the Harris County district clerk’s office confirms that a Justin Graham Purdue born June 4, 1975 did change his name to Nikki Paige Purdue. Whether Nikki Araguz is that Nikki Paige Purdue will have to be determined by the court.

Before The Suit

Following the 1996 name change, Nikki Paige Purdue became Nikki Paige Purdue-Mata, but divorced in October 2007 and dropped Mata.

Thomas Araguz divorced Heather Delgado July 3, 2008.

On Aug. 23, 2008, Nikki and Thomas married in Needville.

While married to Thomas, Nikki Araguz began publishing the now-defunct free-distribution magazine Wharton County Living. She entered local politics this year seeking the mayor’s post in the city of Wharton, but in May was defeated 382-118 by city councilman Domingo Montalvo Jr., a retired Wharton volunteer firefighter.

On April 13, 2010, Heather Delgado filed an emergency petition in her divorce claiming Nikki Araguz made appointments with medical and school officials for her children without consent, prevented communication between her and her children and drank at inappropriate times.

On May 14, an agreement was reached giving Delgado medical and educational oversight of her children and ordering she be given telephone access. It prohibits posting of the childrens’ pictures on social networking sites.

The order includes a permanent injunction for Thomas Araguz to “do all that he is able to do to not allow Nikki Purdue Araguz to contact Heather Delgado in a harassing manner.”

Four days later, Heather Delgado requested a protective order against Nikki Araguz, claiming she had been threatened and harassed.

On May 28, that case was dismissed.

Thirty-six days later on July 3, Thomas Araguz, an 11-year veteran of the Wharton Volunteer Fire Department, died after entering the burning warehouse of Maxim Egg’s production facility just outside of Boling. His body was found in the building the next morning.

Funeral services for Araguz were held Sunday, July 11.

The suit seeking to void his marriage to Nikki Araguz was filed the next afternoon.

–Halvorson and Crabtree are news editors, respectively, of the Wharton Journal-Spectator and El Campo Leader-News. Brenda Sommer, a Leader-News reporter, contributed to this story.