Fight A DUI

The Saratogian has the details of a pending case involving a 56 year old driver - Kay VanAvery - awaiting charges stemming from a crash resulting in a fatality. VanAvery pulled out of a parking lot in front of two motorcyclists, who were thrown from their bikes and subsequently transported to the hospital where one of the men died.

Interestingly, because the first breath test revealed a legal (0.06%) BAC, the DA must wait for a blood test before filing charges. If the blood test reveals a slightly higher result of 0.07%, the DA is expected to file a charge of driving while impaired, vehicular manslaughter, and vehicular assault. If the blood test is less than 0.07%, the only charges will be vehicle and traffic violations, which carry a much lighter penalty.

The New York Daily News is one of many reporting that a limousine driver’s lawsuit against Nassau County will be allowed to proceed following a U.S. Distrit Judge ruling.

The case began in August, 2004, when two officers saw Aguilera driving erratically. He claimed that he did not feel well and was unable to control his movements, but was able to pass a field sobriety test, and was arrested on a DWI charge. After sitting on the bench for about two hours, more alcohol and drug tests were administered, and Aguilera passed them without issue.

Aguilera was eventually released, charges were dropped, and a hospital exam later revealed that he had suffered a stroke.

Danielle Baymack, 22, was charged with vehicular manslaughter and driving while intoxicated after the 2000 Mitsubishi sedan slammed into a signpost at 4:30 AM, killing fellow officer Marlene Rivera, 24, of Brooklyn. Baymack pleaded not guilty from her hospital bed last Saturday afternoon.

Baymack and Rivera, both rookie officers at the 103rd Precinct, were driving home after a night partying at a nightclub. The Nassau County police on the scene smelled alcohol on Baymack’s breath, and a breathalyzer allegedly confirms a BAC at .11 - above the legal limit of .08.

Additional details are available at zwire.com and Newsday.com