You don't have to be driving a car to get a DWI

Via MattarMedia - Most people would agree that drinking and then driving a motor vehicle is a poor choice. We have laws against it for a reason. What seems to be less clear is "what exactly constitutes a motor vehicle"?

New York state Vehicle & Traffic Law defines a motor vehicle as "every vehicle operated or driven which is propelled by any power other than muscular power". Obviously, this encompasses automobiles, trucks and motorcycles, but would also extend to include powered vehicles like go karts, golf carts and snowmobiles (among many others).

What does this mean in regards to DWI laws? It means that operating any motorized vehicle while impaired can result in a DWI. As reported by WIVB:

Police charged a Lewiston man with DWI who they say was driving drunk on a go-kart.

22-year-old Ronald Voight was arrested Sunday morning on Village Street. 24-year-old John Burnett was also charged with DWI after police say he nearly hit the go-kart and patrol car alongside the road.

Now that the warm weather is (almost) here, use caution on all of your utility vehicles and please drink responsibly.

Investigators Believe Texting Contributed to Fatal Crash

Via MattarMedia - The Livingston County Sheriff's Department believes a SUNY Geneseo student killed in a one car crash in Leicester early Tuesday morning may have been texting at the time of the crash.

The sheriff's department identified the victim as Mary Kavanaugh, 22, of Sanborn, Niagara County.

Investigators believe Kavanaugh may have been text messaging, which contributed to her drifting off the roadway and causing the vehicle to roll.

SUNY Geneseo officials notified the campus Tuesday of Kavanaugh's death through an e-mail from the dean of students.

Many of Mary’s friends and co-workers at The Statesmen bar, where the owner said Kavanaugh was an employee, were upset about the news. Some of them told YNN she was the type of person who would give you the shirt off her back.

Some students say they are still shocked about her death, especially with graduation weeks away.

"You hear things like this on the news and you don't really think twice about it sometimes but when it's someone from your community and from the school you go to it definitely hits home a little more," said Holly Judge, SUNY Geneseo student.

"I'm a senior too and we were all going to graduate in May, so it's really sad to hear that she died," said Kristelle Cadeno, SUNY Geneseo student.

The school said Kavanaugh was a 2006 graduate of Starpoint High School in Lockport and was a senior communications major at Geneseo.

Drunk Man Intentionally Drives Car into Firehouse

Via MattarMedia BUFFALO, N.Y. - Buffalo Police say a drunk driver intentionally rammed his vehicle into a fire station.

28-year-old Colin Billingsley faces several charges including DWI and aggravated criminal contempt. Investigators say a female passenger suffered non-life threatening injuries when he drove into the the firehouse at Jefferson and Kingsley around 11:30 Sunday night.

NYPD crackdown on drivers on phones nets 3,700

Via MattarMedia NEW YORK CITY - Police have sent a message to more than 3,700 drivers they say were talking or texting behind the wheel in New York City: Hang up.

The New York Police Department issued 3,753 summonses for using hand-held cell phones while driving during the first 18 hours of a daylong crackdown Thursday. Each ticket carries a fine of up to $150.

The department says it issued an average of 617 summonses a day last year for cell-phone offenses.

Buffalo NY Mayor Makes Pothole Promise

Via MattarMedia BUFFALO, NY (WKBW) - The City of Buffalo is taking aggressive action to battle its pothole problems.

Buffalo Mayor Byron Brown has pledged to fill all potholes reported within 48 hours.

Potholes are most numerous in the spring season, and even though our mild winter has produced fewer this year, the damage they can cause is still severe.

Watch the video to see the full report.

Black ice blamed for many crashes in Buffalo

Via MattarMedia - Police radios were crackling through the morning rush hour today, with vehicles sliding off roads and barreling into each other, slowing traffic and causing several accidents on main thoroughfares.
The culprit was black ice, that hard-to-see phenomenon that tricks drivers on sun-splashed days like today.

"We had numerous accidents all over the place, due to the road conditions," Town of Hamburg Senior Public Safety Dispatcher Tom Taylor said. "We're in the process of clearing them all up."

Another observer called it "a banner day for collision shops," although there were few, if any, reports of serious injuries in the crashes.

Some highway ramps were closed this morning, and lane closures were common as commuters inched forward in some spots.

Police Say Failure to Yield Caused Crash

Via MattarMedia - Four people were taken to the hospital after a crash Sunday morning.

It happened just after 10 am at the intersection of Mt. Hope Avenue and Raleigh Street.

Rochester Police say a female driver didn't yield to traffic as she was making a left turn onto Raleigh. Her vehicle collided with another car heading northbound on Mt. Hope. There were initial reports to 911 of people trapped in the vehicles, but when rescue crews arrived they found there were no trapped victims.

Police say four people were taken to Strong Memorial Hospital as a precaution, but we are told there were no apparent injuries to anyone involved in the crash.

The female driver was ticked for failure to yield to the right-of-way traffic.

Police Chase Ends In Fatal Crash

Via MattarMedia - New details on that police pursuit that ended in a head on fatal crash in Columbia County Friday night.

Police say the suspect, who died in that crash, was 44-year-old David Carman of Dover Plains, New York.

Police say Carman took off from a traffic stop in Dutchess County in the Village of Red Hook, taking police on a chase through two counties before hitting a dump truck head on in the Town of Claverack in Columbia County.

The driver of the dump truck was not injured. Police later said the car Carman was driving was stolen.

Police investigate accident involving stolen car, Albany police car

Via MattarMedia ALBANY - Police are investigating an accident involving a stolen car and a city police vehicle that occurred Thursday evening on North Lake Ave.

According to Albany public safety spokesperson Det. James Miller, a plainclothes police officer spotted a stolen Toyota just south of Central Ave. at about 5:15 p.m. and called for marked police units to pull over the stolen vehicle.

When police cars arrived and attempted to pull over the car, the driver, later identified as 18-year-old Dario Lewis, jumped out of the car and started running, said Det. Miller. The stolen car, meanwhile, continued to travel about 40 feet and struck a patrol car.

Both cars were slightly damaged in the accident.

Lewis was caught by police officers after a short chase. Charges are pending against him, including criminal possession of stolen property and reckless endangerment.

The investigation is continuing, said Det. Miller.

Drivers complain that Toyota's fixes didn't work

Via MattarMedia DETROIT (AP) - At least 15 Toyota drivers have complained to U.S. safety officials that their cars sped up by themselves even after being fixed under recalls for sticky gas pedals or floor mat problems, according to an Associated Press analysis.

The development raises questions about whether Toyota's repairs will bring an end to the cases of wild, uncontrolled acceleration or if there may be electronic causes behind the complaints that have dogged the automaker.

Although the allegations were unverified by the agency, the National Highway Traffic Safety Administration said Wednesday it was contacting people who have complained about acceleration problems even after repairs were done under two large recalls. The agency wants to hear from others who have had similar troubles, it said.

"If Toyota owners are still experiencing sudden acceleration incidents after taking their cars to the dealership, we want to know about it," agency administrator David Strickland said in a statement.

The new complaints raised eyebrows in Congress, which has held three hearings on the recalls in the past week and is investigating Toyota's safety problems.

"I am deeply concerned that NHTSA has received this many reports of possible sudden unanticipated acceleration even after these vehicles have received Toyota's recommended fix," said Rep. Bruce Braley, D-Iowa, who serves on one of the committees investigating Toyota.

"It's critical that we get to the bottom of this problem as quickly as possible."

Toyota spokesman Brian Lyons said Wednesday the company was investigating the complaints, though it remains confident in its recall fixes. Teams of engineers are being mobilized to check into the complaints, he said.

Couple Aids Woman in Car Accident

Via MattarMedia - Hamburg, NY - Stacey MacLaren is recovering from a car accident last Friday.
The terrifying experience also left her inspired by the kindness of a couple she'd never met. "She had such a soothing voice," MacLaren said of the woman.

MacLaren was headed west on the I-90, on her way to pick up her son from pre-school. Her other son, Owen, just 16 months old, was strapped in the passenger seat.

In an instant, her plans changed. "The SUV in front of us went out of control, hit the cement barrier, and started rolling towards us," MacLaren recalled.

She avoided hitting the SUV, but the car behind her slammed into her car.

Still recovering from a previous back surgery, MacLaren was in tremendous pain and could barely move.

That's when she says out of nowhere, a man and woman stopped. She says the pair spent at least 45 minutes tending to her injuries and calming her baby. They even called her husband and sister-in-law to relay instructions. "They don't know me, you know, I'm not a relative of theirs, I'm not a friend, it was just something they were doing," MacLaren said. "They were good people."

Good people that made an impact stronger than a collision-and that's why she's trying to find them. The last time she saw them, Stacey was on a stretcher. "I touched her hand and I said, 'are you an EMT?'" she recalled. "And she said, 'No, honey. We just stopped to help.'"

GM Announces Recall for 1.3 Million Vehicles

Via MattarMedia - General Motors announced a recall of 1.3 million cars on Tuesday for problems related to power steering in 4 North American compact car models.

The recall covers the 2005-2010 Chevrolet Cobalt, 2007-2010 Pontiac G5, 2005-2006 Pontiac Pursuit (sold in Canada), and 2005-2006 Pontiac G4 (sold in Mexico).

“After our in-depth investigation, we found that this is a condition that takes time to develop," Jamie Hresko, GM Vice President of Quality, said in a statement released this morning. "It tends to occur in older models out of warranty. Recalling these vehicles is the right thing to do for our customers' peace of mind.”

The voluntary recall comes after the National Highway and Traffic Safety administration concluded an investigation beginning on Jan. 27, 2009 into 905,000 Cobalt models after receiving over 1,100 complaints of loss of power steering assist, 14 crashes and one injury.

Owners reported failures that went away after restarting the car.

"Power steering started to go out occasionally," said one complaint filed February 18 of this year on a 2005 Chevy Cobalt. "It would come back on if I turned off and restarted the car. Quickly became more frequent."

GM has said that drivers can still control the affected models in the event of loss of power steering assist, though controlling the cars may require greater steering effort under 15mph.

"While greater steering effort under 15 mph may be required, if the customer experiences loss of power steering assist, it is important to note that the vehicle can still be safely controlled because the customer can still steer the vehicle,” Hresko said. “When the condition occurs, both a chime will sound and a ‘Power Steering’ message will be displayed.”

GM has not announced a remedy yet, but has noted that plans are being developed and that customers will be notified when the plan is finalized.

Automotive recalls are nothing new, but their reception as of late has been extremely hostile. The GM recall comes at a time in which lapses in automotive quality are met with extreme scrutiny, especially by the U.S. government.

City of Rochester Wants to Study Bicycle Amenities

Via MattarMedia Rochester, N.Y. - The City of Rochester wants to be more bicycle-friendly.

The mayor wants City Council to approve an $80,000 contract with a Florida firm to come up with a Bicycle Master Plan.

According to the legislation, the plan could include bicycle lanes, parking, boulevards, and commuter facilities that have lockers and showers.

“It’s about people making taking bikes in good weather instead of cars. It’s great for fuel efficiency, energy savings, but it’s also about being healthy,” said Mayor Robert Duffy.

The plan is expected to be complete in 2010. Two local firms will also be involved in the study.

Four Car Accident Sends Two to ECMC

Via MattarMedia ELMA - Two men were stuck while refueling their vehicle Saturday on Transit Rd. in the Town of Elma.

Kristen Baschmann of East Aurora was driving northbound on Transit Rd. when she was unable to stop and slid into another car. After the initial hit, Baschmann's car continued into the center lane and struck a disabled Ford Ranger, along with the two pedestrians who were re-fueling their vehicle.

Baschmann's car finally came to a rest after striking the a vehicle that was assisting the vehicle that was refueling.

Andrew Bamberd and Shawn Miller, both 27, were taken to ECMC and are listed in stable but guarded condition.

The accident is still under investigation by the Erie County Sheriff's Accident Investigation Unit and charges may be pending.

Source: wgrz.com

Snowmobiler Charged with DWI as Sled Sinks in Lake

via MattarMedia (AP) EDINBURG -- Walking away after his snowmobile broke through the ice on an upstate New York lake didn't keep a 40-year-old man from being charged with driving while intoxicated.

State police say Saratoga County emergency dispatchers received a 911 call early Sunday morning regarding a snowmobile having gone through the ice on Sacandaga Lake under the Batchellerville Bridge.

Troopers, state forest rangers and local police and fire departments responded to the scene, where they found a the snowmobile 30 feet under the ice. Emergency crews were able to retrieve the sled and it was learned the snowmobile was registered to Jeffrey Shiely of Schenectady.

After a brief search, he was located on a nearby road and charged with DWI and other violations.

Find Out Why We are Giving Away a FREE Laptop!

Via MattarMedia - At the Law Offices of William Mattar, we see the aftermath of motor vehicle accidents every day. Many tragedies and serious injuries can be limited, or eliminated altogether, by wearing a seatbelt.

This video, Embrace Life, is a wonderfully produced film highlighting the importance of wearing a seatbelt. It will only take a minute and a half of your day, but it will stay with you much longer.

To keep awareness on seatbelt safety, our firm has the William Mattar Buckle Your Belt Campaign. How does it work? If you agree to wear your seatbelt 100% of the time while traveling in a motor vehicle, you can enter to win a FREE laptop computer. Simply go to mattar.com to learn more.

*Contest open to residents of New York State. For complete Terms & Conditions, click here.

Woman thrown from SUV following rollover crash

Via MattarMedia LaFayette (WSYR-TV) – State Police say a Syracuse University student was seriously injured Tuesday morning when she rolled her SUV over and was ejected from the vehicle.

The driver, 21-year-old Rachel Pigott from Utah, got caught up in the snow along the side of the road, lost control of her SUV and rolled over several times.

The crash happened around 8:45am on Lafayette Road, near Reidy Hill Road, in the Town of LaFayette.

Investigators say Pigott was driving too fast for the conditions. She was listed in serious condition at University Hospital.

State Police say she was very lucky since she did not hit her head on the pavement when she was thrown from the SUV.

Police did not immediately issue any tickets.

WNY man dies in car crash as police pull him over

Via MattarMedia BUFFALO - A 57-year-old man died when he crashed into a utility pole as police tried to pull him over in Buffalo.

Buffalo Police say officers started following the car driven by Richard Bedell of North Tonawanda around 2:15 a.m. Monday. After several blocks, the car smashed into a utility pole.

Police spokesman Michael DeGeorge said it wasn't a chase.

Weather A Factor In Rollover Accident

 

Via MattarMedia - Erie County Sheriff Deputies are investigating a rollover accident that happened Monday in Alden.

The accident happened on Walden Avenue.

Deputies say the 61-year-old driver, Donald Daniel of Buffalo, was taken to ECMC with head and neck injuries. He is in stable condition.

Investigators believe weather conditions may have played a role in the accident.

New state law changes rules for teen drivers

Via MattarMedia SYRACUSE, N.Y. - There's a reason they call it "sweet 16." As you step closer to adulthood, part of that independence means getting behind the wheel, but it's about to get much harder for teens to cruise off once they blow out those birthday candles.


New York is putting a brake on that urge with a new law that kicks in on Monday. There's now a six month waiting period to take a road test if you're applying for a learner's permit. Teens must also log 50 hours of supervised driving.

"The majority of fatalities in teen crashes are those other than the teens so this is not just geared toward teen driver safety. It will be a benefit to all drivers and roadway users as a whole,” said Diana Dibble, AAA Public Affairs Manager.

New York already has a graduated driver's license system in place, which includes a mandatory defensive driving course, but many felt it could be better.

"Maybe with some longer driving sessions, with family and things of that nature and driving schools, they will see how dangerous it can be if they're trying to text and things of that nature where if a person gets their license right away, they may still be fairly uninformed,” said Jeffrey Baird, Able II Driving President.

In addition to requiring more experience, this new law is specifically looking to eliminate that kind of distracted driving. All electronics are banned and teens can now have only one non-family member with them in the car. Though this last point may be the most dreaded, this group of young drivers admit it may be necessary.

"I'll probably be left out in the cold because I've been bumming rides off my friends for a while and I'm sure they'll be happy to get rid of me,” said Paul O'Donnell, learner's permit driver.

"When you get a group of three or four teenagers in a car at a time, there's a lot of conversation and gossip going on I guess and it can be distracting definitely,” said Erin Callahan, learner's permit driver.

Other states that have implemented similar laws have seen a reduction in fatal crashes in 38%.