Beyond Drunk Driving: Legal Implications for Non-Motorized Vehicle Operators
Since drunk driving can lead to an accident and/or arrest, many people believe riding their bicycles instead is enough to avoid facing criminal charges or hurting someone else. However, that is not entirely true.First, you cannot get charged for a DWI in New York for cycling while intoxicated. The law specifically applies to only “motor” vehicles, such as cars, trucks, boats, trains, and airplanes. Unless you install a motor in your bicycle, if you are riding a bike, skateboard, or any other non-motorized vehicle under the influence, you don’t have to worry about getting pulled over. But just because you cannot get arrested for a DWI doesn’t mean you are completely free of criminal liability. There are two criminal charges drunk bikers may likely face: public intoxication and reckless endangerment. Although it is not a crime to be drunk in public in New York, you can be charged with public intoxication due to drugs if you pose a danger to yourself, others, or property, or if you annoy others. A conviction for public intoxication is punishable by a maximum 15-day jail term and a fine no more than $250.Reckless endangerment means acting in a manner that creates a significant risk of injury or death with a “depraved indifference to human life.”Unlike most criminal offenses where the court must prove intent, a conviction for reckless endangerment requires a substantial degree of recklessness in a defendant’s actions – even though the act was not intentional. First-degree reckless endangerment means recklessly performing an act that creates a grave risk of death to someone else. This type of reckless endangerment is a Class D felony offense, which carries a maximum prison sentence of seven years. Second-degree reckless endangerment means recklessly doing something that creates a significant risk of serious physical injury to another individual. This offense is a Class A misdemeanor, punishable by a jail sentence of up to one year.If you are facing criminal charges for biking while intoxicated in Albany, contactO’Brien & Eggleston PLLC and get 25 years of combined experience on your side today. Schedule a free consultation!
What Happens After a Sex Crime Accusation at Work in New York: Your Rights and Reputation
A sex crime accusation at work can derail your life in an instant, especially in today’s professional and social climate. In Albany and throughout New York, individuals accused of workplace...
The Impact of Search Warrants in New York Drug Cases: What Happens If Police Go Too Far
Search warrants play a critical role in New York drug investigations. They give law enforcement the authority to search private property for evidence of a crime, but that power isn’t unlimited....
Restraining Orders and Criminal Charges in Binghamton, New York: How Protective Orders Can Escalate a Case
Being charged with a crime is severe enough. Still, when a restraining order (also known as an order of protection) is issued against you in Binghamton or anywhere in New York,...
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When I first met with Kevin he laid everything out like it was going to be or could end up being. Getting my 3rd drinking and driving offense made me feel like my life was over, but he assured me that he and his team would fight for me (Taylor and...
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"Adam took my case and immediately alleviated the fears associated with my case."
Adam took my case and immediately alleviated the fears associated with my case. Though not privy to aviation law, he went above and beyond in educating himself so as to ensure minimal impact on my progress within my chosen profession. His tenacity and persistence led to a most amicable outcome...
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A sex crime accusation at work can derail your life in an instant, especially in today’s professional and social climate. In Albany and throughout New…
Search warrants play a critical role in New York drug investigations. They give law enforcement the authority to search private property for evidence of a crime,…
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