Friday, November 14, 2014

When the Police Must Report to CPS (Child Protective Services) and NY Aggravated DWI

Substance Abusing Parents are Front Page News
The Stats:

  • 85% of abuse related to Substance Abuse (drugs/alcohol) and poverty
  • 9% of ALL children live with one parent that abuses (drugs/alcohol)
  • 25% of ALL children that die from abuse or neglect had mothers who were addicted to drugs/alcohol

If you are charged with an Aggravated DWI as a Felony in New York that means you have driven your car either:

1. While having a BAC (blood alcohol content) .08 or more (chemical test of your blood or breath), or while impaired by drugs, or while impaired by drugs and alcohol in combo;


2. While the police allege (their opinion) you were mentally and physically incapable of operating that vehicle safely (common law intoxication)


You had a passenger or passengers who were under the age of 16 (15 years of age or less)


Any of these child passengers were under your care as their

Legal Guardian, Legal Custodian, or Parent 

then the police MUST put in their paperwork along with the DWI charges CIV

CIV = (Child in Vehicle) 


They MUST contact CPS (Child Protective Services) and Inform them of these charges against YOU.

You will then be under scrutiny for a host of potential issues.

Do you have a drug/alcohol problem? Are you a bad/negligent/abusive parent, custodian, guardian of this child or children?

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Reviews of Larry Newman:

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers