Tag: suffolk county criminal attorney

Long Island DWI Crash

On March 13, 2016, in Criminal, Litigation, Motor Vehicle Accident, Personal Injury, by John A. Weber IV, ESQ.

 

Long Island DWI Crash

A motor vehicle accident in Kings Park seriously injured a passenger and resulted in a DWI charge for the driver.  The passenger was taken to the hospital by helicopter.  The driver’s arraignment will take place in Central Islip’s First District Court today.  DWI’s remain a very serious problem on Long Island.

The passenger injured in the accident will be permitted to file a No Fault insurance claim through the insurance of the vehicle he was riding inside.  This passenger may also be able to recover compensation for his injuries in a personal injury lawsuit.  Compensation for such an accident will require litigation.  In motor vehicle accident cases, it is also necessary to explore umbrella insurance coverage because often times the policy limits for the vehicle are insufficient to make the victim whole again.  Asset searches should be explored in the event that all insurance coverage options are lacking.  Although the well being of the victim is always the primary concern, it is important to know your rights if you are unfortunate enough to be the victim of a DWI or DUI related accident.

To get a fuller perspective, this story is available on Newsday.com authored by Lisa Irizarry, and News 12 Long Island.  The epidemic of DWI and DUI incidents on Long Island does not seem to be subsiding and injuries and fatalities are still a concern.  Personal injury and wrongful death actions are regularly commenced in Nassau and Suffolk County Courts because Long Island roads are still filled with drivers who have had too much to drink before getting behind the wheel.  Hopefully, this will change in the near future; but for now, knowing your rights are the best we can settle for.

DWI Attorney in Long Island

If you are arrested for a DWI or injured in a DWI related crash, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney who can help you today!

Public Safety Exception to Miranda Warnings

On April 21, 2013, in Criminal, by Robbie L. Vaughn, Esq.

Miranda Warnings

Miranda Warnings and the Public Safety Exception*

When Miranda Warnings must be given:

1.  Miranda Warnings must be given prior to any questioning if you have Custodial Interrogation by Authorities (CIA)**:

Custody – Custody involves a significant deprivation of freedom of movement and occurs when a person is not free to leave. Orozco v. Texas 394 Us. 324 (1969)

Interrogation – Interrogation includes not only questioning by express words, but by any words or actions that police should know are reasonably likely to elicit an incriminating response. Rhode Island v. Innis 446 U.S. 291 (1980).

Authorities – Only government agents are authorities and required to advise a suspect of his Miranda rights.  However, if the seizure or questioning was instigated or closely supervised by the police, then this might constitute sufficient state involvement requiring Miranda warnings.

** All 3 must be present to require Miranda Warnings.

PUBLIC SAFETY EXCEPTION

Under the Public Safety Exception:

1. The police may ask questions, of a suspect who is in custody, without first giving Miranda warnings when an imminent threat to public safety exists, such as a loaded gun in a public place, a bomb, a missing kidnap victim, or a victim being held hostage. New York v. Quarles, 467 U.S. 649 (l984).

2. The public safety exception can be applied when the concern is for an individual and not just the public; where an individual’s life is at stake. Some courts have referred to concern of an individual as opposed to the public as the “Rescue Doctrine” or the “Emergency Exception.”

Public Safety Exception example:

The police were stopped by a woman who had just been raped and advised that the perpetrator had run into a nearby supermarket. Upon entering the supermarket the suspect fitting the perpetrator’s description, fled to the back of the store. Upon confronting and frisking the suspect, who was wearing an empty shoulder holster, the arresting officer asked:

“Where is the gun?” without administering Miranda warnings. The suspect pointed to a carton and stated, “Over there.”

The statement and the gun were deemed admissible. New York v. Quarles, supra.

*The above is only a small portion of a presentation that I gave earlier this year on Miranda Warnings. I do not claim to be a Miranda expert, but I do believe the above provides a basic explanation of  the Public Safety Exception to Miranda Warnings.

Long Island Criminal Attorneys

 The Law Firm of Vaughn, Weber & Prakope, PLLC, can be reached at (516) 858-2620.

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