May 5, 2012 /24-7PressRelease / -when Tiffany Heitkamp was killed in 2006, the drunk driver driving could not be charged as a drunk driving repeat offender, even if the pilot had a history of driving while intoxicated. This is because the current New York law does not stories of drunk driving be related to a type of vehicle free of charge to the other - for example that a DWI on a driver record will not be taken into account if the driver is facing charges of boating while intoxicated or snowmobile while intoxicated state.
In the case of Tiffany, which happened exactly. Because Tiffany was killed while the drunk driver was at the helm of a boat - charged as a BWI - the law would not allow history of DWI driver be taken into account. Thus, which allows the driver to escape the penalties faced by drivers drunken offenders.
Legislative action
In response to situations such as Tiffany, the Senate of New York spent "Right of Tiffany" in February 2012.
If it clears the Assembly and is enacted, right of Tiffany would require all drunk driving at the wheel of the history of the courts. The law would effectively close a gap in the Act, and all statements of conviction for DWIs, the Bretton Woods institutions and SWIs would have to take into account the next time a driver is facing a DWI, BWI or SWI, forcing the pilot to cope with the consequences of being a repeat offender.
Tonawanda New York Senate Majority Leader Dean Skelos news quoted saying: "If a person repeatedly of the drinks and drives, whether it is a boat, a car, a snowmobile, or any other type of vehicle that they should not have to get off the hook slightly.". Each prior statement should be considered in the determination of the sentence, and this law will ensure that they are. »
The effect of the right of Tiffany
Accused of drivers for DWI, BWI or SWI face licence suspension, fines and jail penalties. If Tiffany Act is adopted, the penalties facing those charged with driving while intoxicated can increase.
Right of Tiffany make more important that drivers face allegations of drunk driving, boating or snowmobiling navigation protect their rights and fight the charges with a New York criminal defense attorney never.
Article provided by Goldberg & Allen LLP
Visit us at the www.goldbergandallen.com
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