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DWAI

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Police car. Stock photo

Suffolk County Police  arrested a man on Nov. 15 for allegedly driving while ability impaired by drugs and alcohol following a motor vehicle crash that seriously injured two people in Holtsville.

Matthew Sheehy was driving a 2022 Dodge pickup eastbound on the Long Island Expressway, 1000 feet east of Nicolls Road, when the vehicle struck a disabled 2010 Chrysler Town and County parked on the right shoulder at 12:20 a.m. The Chrysler then crossed the lanes of travel and was struck by a 2018 Honda CRV.

The driver of the Chrysler, Jonathan Thomas, 27, of Mastic Beach, was transported to Stony Brook University Hospital with serious injuries. A passenger in the Honda, whose name is being withheld pending notification of next of kin, was transported to Stony Brook University Hospital in critical condition. The driver of the Honda, Martin Franco-Soto, 23, of East Hampton, and a passenger, Denise Bustamante-Prieto, were treated and released from Long Island Community Hospital in Patchogue.

Sheehy, 46, of East Setauket, was transported to Stony Brook University Hospital for evaluation. Sheehy was arrested and charged with Driving While Ability Impaired by Drugs and Alcohol. He will be arraigned on a later date.

The investigation is continuing. Anyone with information is asked to call Major Case at 631-852-6555.

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Police car

Update: The motorcyclist killed in a motor vehicle crash on the Long Island Expressway this morning has
been identified as Idris Shehu, 20, of Hicksville. Below is the original press release:

Suffolk County Police arrested a Medford man on Oct. 21 for alleged DWAI following a crash that killed a
motorcyclist in Islandia.

Alan Mercado was driving a 2010 Honda on the westbound Long Island Expressway, just east of exit 57, when he attempted to move from the center to the right lane and was struck from behind by a 2017 Yamaha motorcycle at 1:12 a.m. The motorcycle operator, who is not being identified pending notification of next of kin, was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. A passenger in the Honda was transported to South Shore University Hospital in Bay Shore for treatment of non-life-threatening injuries. Mercado was not injured.

Mercado, 67, was charged with Driving While Ability Impaired By Drugs. He will be held overnight for arraignment at First District Court in Central Islip on October 22. Anyone with information on this crash is asked to contact Major Case Unit detectives at 631-852-6555.

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File photo

Suffolk County Police arrested a man on Sept. 14 for allegedly driving while ability impaired by alcohol after he crashed his car into a marked police vehicle in Ronkonkoma.

Jose Martin Abeu Jr. was driving a 2020 Honda sedan eastbound on the Long Island Expressway, east of Exit 58, when he crashed his vehicle into the rear of a stopped police vehicle that had been directing traffic in reference to a prior crash, and then into a 2008 Ford F150 that was involved in the original crash, at 3:42 a.m.

The driver of the Ford was transported to Stony Brook University Hospital for treatment of minor injuries. No officers were in the vehicle at the time of the crash, and there were no other injuries.

The SAFE-T Team (Selective Alcohol Fatality Enforcement Team) responded to the scene, determined that Martin Abeu Jr. was intoxicated, and charged him with Driving While Ability Impaired by Alcohol. Martin Abeu Jr., 28, of Brentwood is scheduled to be arraigned at First District Court in Central Islip.

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METRO photo

By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

Historically, the news predominantly focused on driving while impaired by the consumption of alcohol. However, driving while a person’s ability to do so is impaired by drugs, including marijuana, is equally dangerous and critical. This is especially so in light of marijuana being legalized for recreational use in New York. This month we will delve into the distinctions between driving while ability impaired by alcohol and drugs, specifically marijuana, under New York State law.

We all know that it is illegal to drive a vehicle while your ability to do so is impaired by drugs, including marijuana, as stated in the Vehicle and Traffic Law (VTL) § 1192(4). Even for a first-time offense, the penalties for violating this law can be severe.

Below is a helpful comparison of the penalties for driving while impaired by alcohol versus drugs.

It should be noted that a significant difference between these two offenses is the severity of the above consequences. A DWAI by marijuana conviction results in a criminal record from the first offense, whereas a first-time DWAI by alcohol does not. However, proving impairment due to marijuana can be more complex. Unlike alcohol, where Blood Alcohol Content (BAC) levels provide a straightforward measure of impairment, the presence of drugs like marijuana does not necessarily indicate impairment. The prosecution must demonstrate that the driver’s ability to operate the vehicle was actually impaired. However, there is a movement underfoot to lower the legal BAC limit, which would seriously affect the enforcement, prosecution, and defense of Driving While Intoxicated (DWI) cases. More will be written about this in future articles.

Currently, there is not a universally accepted test equivalent to the breathalyzer for marijuana. This makes it more challenging for prosecutors to prove impairment beyond a reasonable doubt. Therefore, individuals charged with DWAI by drugs may have a stronger defense so long as they are prepared to challenge the prosecution’s evidence, including the legitimacy of the traffic stop.

However, let us remind you that while both substances can impair driving abilities, it is crucial to remember that smoking marijuana or drinking alcohol before driving isn’t illegal per se—impairment is the key factor. The law requires proof of impairment, not just consumption. As laws evolve, especially with the increasing legalization of marijuana, understanding these nuances becomes even more critical. If you’re facing charges related to impaired driving, it’s advisable to seek experienced legal counsel to navigate the complexities of the law.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association

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Suffolk County Police arrested a Coram man for allegedly driving while ability impaired by drugs and alcohol after he crashed a vehicle into a gas station in Commack on May 10.

Hunter Addonizio was driving a 2010 Dodge Challenger westbound on Veterans Memorial Highway, and attempted to merge onto Jericho Turnpike, when the vehicle left the roadway and crashed into a gas pump and another vehicle at Sunoco, located at 2211 Jericho Turnpike, at approximately 11 p.m.

A man and a woman, who were inside the vehicle that was struck, were transported to South Shore University Hospital in Bay Shore for treatment of minor injuries.

Addonizio, 21, of Hayes Lane in Coram, was charged with Driving While Ability Impaired by Drugs and Alcohol.

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Police car. Stock photo

Suffolk County Police arrested an East Northport woman on May 2 for allegedly driving while ability impaired by drugs and alcohol after she was driving the wrong way on Route 347 in Smithtown.

Highway Patrol Bureau Police Officer Eric Noens was off-duty in a marked police vehicle when he observed Marisa Soares driving westbound in the eastbound lanes of Route 347, near Mount Pleasant Road, on May 2 at approximately 7 p.m.

Officer Noens, who is part of the Selective Alcohol Fatality Enforcement (SAFE-T) Section, was traveling home from the Fourth Precinct after receiving a unit recognition award for impaired driving enforcement from Mothers Against Drunk Driving in Albany.

Soares, 66, was charged with alleged Driving While Ability Impaired by Drugs and Alcohol.

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Suffolk County Police arrested a Farmingville man for allegedly driving while ability impaired by drugs after he was involved in a motor vehicle crash that killed a man in Centereach on March 19.

Christopher Guzman was driving a 2022 Chevrolet pickup truck westbound on Middle Country Road, near Wood Road, when his vehicle struck the side of an eastbound 2011 Toyota Camry, driven by Virginia Molkentin at approximately 5 p.m. Guzman continued driving westbound and, a short distance away, the Chevrolet struck a westbound 2012 Ford Escape, driven by Stacy Carpenter.

Guzman, 39, of Farmingville, and Molkentin, 66, of Coram, were transported to Stony Brook University Hospital for treatment of non-life-threatening injuries. Carpenter, 55, was transported to Stony Brook University Hospital for treatment of serious injuries. Carpenter’s passenger, his nephew, Timothy Carpenter, 21, was transported to Stony Brook University Hospital where he was pronounced dead.

Guzman was charged with allegedly Driving While Ability Impaired by Drugs. He is scheduled for arraignment at later date. The vehicles were impounded for safety checks. Detectives are asking anyone with information on the crash to contact the Major Case Unit at 631-852-6555.

A criminal charge is an accusation. A defendant is presumed innocent until and unless proven guilty.

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David Thomspon. Photo from SCPD

Suffolk County police have arrested a man for allegedly driving while ability impaired after his vehicle struck and killed a pedestrian in South Huntington April 7.

David R. Thompson was operating a 2014 Chevrolet Equinox eastbound on Jericho Turnpike at approximately 9:30 p.m. when his vehicle struck a pedestrian who was attempting to cross Jericho Turnpike at Oakwood Road in South Huntington.

The pedestrian, Anthony J. Santiago, 54, of Huntington Station, was transported by Huntington Community First Aid Squad to Huntington Hospital where he was pronounced dead.

Thompson, 75, of Huntington, was arrested and charged with driving while ability impaired. He is being held at the 2nd Precinct and was scheduled to be arraigned at First District Court in Central Islip.

The vehicle was impounded for a safety check. The investigation is ongoing. Detectives are asking anyone with information about the crash to call the Major Case Unit at 631-852-6555.

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Suffolk County Police arrested a man for driving while ability impaired by alcohol and drugs after he was rescued from his burning vehicle in Rocky Point April 12.

Corey Tierney was driving a 2003 Hyundai Sonata northbound on County Road 21, about one mile south of Route 25A, when he lost control of his vehicle, which crashed into a wooded area and caught fire. Passing motorists, Claudio Gil and Margaret Ward, pulled an unconscious Tierney from the vehicle.

Rocky Point Fire Department Rescue responded and administered Narcan to Tierney, 21, of Mount Sinai, who regained consciousness and was transported to Stony Brook University Hospital for treatment of non-life-threatening injuries and charged with driving while ability impaired by alcohol and drugs.

Gil, 30, of Mount Sinai, and Ward, 51, of Rocky Point, were not injured.

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Javon Harrington. Photo from PIO

Suffolk County Police arrested a man in Selden Feb. 11 for driving under the influence of drugs after a two-vehicle crash.

Javon Harrington was operating a 2003 Infiniti on North Evergreen Drive at a high speed when he went through a stop sign at Pine Street and struck a 2009 Dodge, and then a tree. Harrington, 20, of Coram, and his passengers Elijah Quinitchette, 24, of Coram and Eddie Bray, 20, of Coram were transported to Stony Brook University Hospital via Selden Fire Department Ambulance. Bray suffered serious but non-life-threatening injuries. Harrington and Quinitchette suffered minor injuries.

The 19-year-old man driving the Dodge, and his two passengers, were also transported to Stony Brook University Hospital via Selden Fire Department Ambulance for observation.

Sixth Squad detectives arrested Harrington and charged him with driving while ability impaired by drugs. He was scheduled to be arraigned at First District Court in Central Islip Feb. 12.

Both vehicles were impounded for safety checks and the investigation is ongiong.

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