New York Legal Blog

The Department of Homeland Security plans to use a private corporation chosen by the federal government to implement the REAL ID Act. The plan calls for the outsourcing of all drivers license and ID card checks to a private corporation, who would then charge the states for each check performed.

Arguments are presented on both sides of the issue regarding the necessity of a National I.D. card, although in the age of Halliburton and our Vice President, there is certainly strong public skepticism as to whether the I.D. card should be outsourced to a private corporation--i.e. the public interest certainly wasn't well served by the outsourcing of defense contracts to Halliburton.

The arguments made in favor of a National I.D. card include:

Easy identification in banks or at national borders without a passport, making the identity card the equivalent of a passport;

In states that do not issue identity cards, private companies require such documents, such as drivers' licenses, which are not suited for identification purposes;

All humans carry personal identification which cannot be falsified--DNA. In the near future, DNA sequencing hashes may become the preferred method of personal identification. The use of identity cards would be a lesser evil compared to the possibility of privacy risks associated with the daily use of DNA for identification purposes.

The arguments against the National ID cards include:

Cards with a centralized database could be used to track anyone's movements and private life, Private investigators would obviously love them) endangering privacy

Continue reading "Real ID Act--Do We Want This Type of "Security"?" »

Posted by Mark Siesel | Permalink | Email This Post

Posted In: Immigration A to Z

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The Law in New York regarding dog bites has been relatively unchanged for many years. In order to be found at fault if your dog bites someone, the key issue is whether you knew, or should have known, of the dog's "vicious propensities." Vicious propensities include the tendency to do any act which might endanger the safety of persons or property in a given situation.

Examples of vicious propensities include a previous bite first and foremost, but would also include growling, chasing, lunging at, snapping, or baring of teeth. Although there is a widespread belief that owners are entitled to "one free bite", by which they are not responsible until their dog has bitten someone on two occasions, this is not the law in New York. Simply put, a prior bite is not required to prove "vicious propensities." Further, although a jury might be more inclined to believe this, there is no specific provision of the law by which dogs such as pit bulls or German Shepards are automatically considered more dangerous.

The key factor is the owner's knowledge concerning the likelihood that his or her dog might harm another person.

Continue reading "The Dog Bit Your Neighbor--Are You Legally Responsible?" »

Posted by Mark Siesel | Permalink | Email This Post

Posted In: Dog Bites In New York

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The National Highway Traffic Safety Administration conducted an analysis of drunk driving fatalities NHTSA using a statistical analysis called the "Fatality Analysis Reporting System" or "FARS." The study reviewed fatal crashes of passenger cars, SUVS, pickup trucks, vans and motorcycles for the years 2000-2004 and age groups of under 20, 20-29, 30-39, 40-49, 50-59 and over 59.

The significant findings of this study of DWI fatalities are as follows:

The age groups with the largest driver alcohol involvement in fatal passenger car crashes were 20-29 and 30-39.

For motorcycle operators, the age groups with the largest alcohol involvement were 30-39 and 40-49.

Continue reading "Federal Government Analysis of Drunk Driving Fatalities" »

Posted by Mark Siesel | Permalink | Email This Post

Posted In: DWI/DWAI in New York

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President Bush has announced plans to institute a "Z" Visa, which he has claimed would help illegal immigrants on a path to legal residency. Many illegal immigrants in New York feel betrayed by President Bush, who they considered as a possible ally because (unlike most Republicans in Congress), Bush has repeatedly said he favors giving many illegal immigrants the opportunity to obtain legal residency and ultimately citizenship.

The White House's draft plan would allow illegal immigrant workers to apply for three-year work permits. They would be renewable indefinitely, although at a hefty $3,500 each time. Then to become legal permanent residents, illegal immigrants would have to return to their home country, apply at a U.S. embassy or consulate to re-enter legally and pay a $10,000 fine.

The "Z" Visa proposal has been sharply criticized by Hispanic advocacy groups, many Congressional Democrats, and unions that have large immigrant memberships. They argue that the cost of work permits and the green card application — which could total more than $20,000 — are prohibitive for low-wage earners.

The proposal is far more conservative than the one passed by the Senate last year with bipartisan support as well as the approval of President Bush. That plan would have allowed many of the country's estimated 12 million illegal immigrants to stay and work in the United States, and apply to become legal residents, provided that they learned English, paid small fines and back taxes, and cleared background checks.

Many Senate conservatives opposed that plan, and it failed to gain sufficient support in the then Republican-controlled House, which at the end of 2005 passed an immigration reform bill that angered immigrants and led to protests throughout the United States.

Maria Lopez, 50, an illegal immigrant who works as a seamstress and sends $200 a month to family members in Mexico, stated: "We have no way to come up with that much money, and Bush knows that," she said. "He is doing this on purpose so we don't ever become legal residents."

It remains to be seen if the "Z" Visa will gain the necessary bipartisan support necessary to become law, especially in light of the contradictory messages being sent by Congress on a daily basis on the issue of immigration reform.

Posted by Mark Siesel | Permalink | Email This Post

Posted In: Immigration A to Z

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Since September of 2006, there have several cases of mothers driving while intoxicated with their children in the car. Most tragically, Ann Marie Ciarcia, of Yorktown Heights, New York was driving while intoxicated last September after a night of drinking and partying with her daughter and daughter's friend, 16 year old Emily Cornish. Ms. Ciarcia's blood alcohol level was .15, nearly twice the legal limit of .08, when she began traveling northbound in the southbound lanes of the Saw Mill Parkway and crashed her minivan into a Honda Odyssey driven by Edward Cook, a Yorktown resident who was on his way to work.

The head on collision killed Ms. Cornish, who was the only child of Carol Cornish. Ms. Cornish informed the Court that although she had forgiven Ms. Ciarcia, she left that Ciarcia needed to be held accountable.

The Yorktown Heights mom who pleaded guilty to second-degree manslaughter, second-degree vehicular assault and driving while intoxicated was sentenced to 16 months to 4 years in state prison Friday.

Ciarcia's husband will now care for their four children, who are all in therapy.

In December of 2006, Jeanine Chrysogelos, a Somers, New York resident, was arrested for driving while intoxicated with her two children in the car.

State troopers say Ms.Chrysogelos drove her two children home from school Wednesday after she had been drinking. Authorities say she passed out in the driveway while her sons ran to a neighbor's house to call for help. Police say Chrysogelos had a blood alcohol level three times the legal limit. Chrysogelos was charged with aggravated DWI ( a blood alcohol level of .18 and above) and two counts of endangering the welfare of a child. Ms. Chrysogelos was not permitted to visit with her family the weekend of the accident and during Christmas.

Continue reading "Mothers Drunk Driving in New York--An Epidemic?" »

Posted by Mark Siesel | Permalink | Email This Post

Posted In: DWI/DWAI in New York

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