Friedman & Ranzenhofer, PC

When applying for Medicaid for nursing home care, an individual may still be eligible for Medicaid in New York by transferring her or his home to a brother or sister. The requirements are that the brother or sister must have lived in the home for one year and contributed to the expenses of the home, such as paying for the mortgage or the taxes. There is no look-back or penalty for transferring a home to a brother or sister under these circumstances.

The timeframe of New York personal injury cases is hard to predict because there are so many variables: the circumstances of the injury, questions of liability, the insurance companies, the defendant’s lawyers, settlements, and the gathering of evidence. Shorter cases can last six months to a year; longer cases can last two or three years – but even these are only guidelines. You should be suspicious of any attorney who promises results within an absolute or narrow timeframe.

Passed unanimously in the New York State Assembly and Senate and signed by then-Governor David G. Patterson in 2009, Leandra’s Law, or the Child Passenger Protection Act, makes it an automatic Class E felony to drive intoxicated (BAC .08% or above) with a person 15 or younger in your car. You have violated Leandra’s Law if a child 15 or younger was in your vehicle and you were driving while intoxicated. As a felony offense, this could result in fines of over $1,000, and up to four years in jail.

You may face a charge of Aggravated DWI if you: Had at least one child 15 or younger in the car. Had a BAC of .18% or higher. The consequences for Aggravated DWI are more severe. If the cause was a BAC of .18% or higher, you may be convicted of a misdemeanor, but if you were charged because of one or more children in the car, you may be convicted of a Class E felony.

New York State’s Zero Tolerance Law pertains to underage drinking and driving. If you are under the age of 21 and are arrested after driving with a blood alcohol level of .02% or higher, you may face disciplinary actions from the Department of Motor Vehicles. If you are charged of “driving after having consumed alcohol,” a special violation under the Zero Tolerance Law, you will be summoned to a DMV Administrative Hearing (failure to attend will result in a temporary suspension of your license). You may have a lawyer present, and you may present evidence, including calling witnesses, in your defense, though you are not entitled to a public defender for an administrative hearing.

Your health and well being always come first. Don’t think about lawyers, don’t think about courts, and don’t think about medical expenses: get yourself the care you need. You first step after an injury always should be to call 911, so police or other first responders can take over your situation, get you medical treatment, and start filling out any reports the incident might require. Once the police have come and gone, and you feel you’ve received the immediate medical attention you need, you should all an attorney.

*DWI: This stands for “Driving While Intoxicated.” A person may be convicted for DWI if he or she was driving with a blood alcohol content (BAC) of .08% or higher. *DUI: Though you’ll sometimes hear the term DUI, or “Driving Under the Influence,” it’s not a legal term used in New York State. *DWAI: The closest New York equivalent to what other states call DUI is DWAI: it stands for “Driving While Ability Impaired.” The most salient difference between DWI and DWAI is that DWI is a criminal misdemeanor, and DWAI is a traffic infraction, or violation. This means that DWI will carry harsher penalties, including fines and possibly jail time. If you are charged with a DWI in New York State, you should consult with an experienced attorney about the chances of reducing your conviction to a DWAI.