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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Brooklyn DUI Fatality Cases: Vehicular Homicide Laws

 

Brooklyn DUI Fatality Cases: Vehicular Homicide Laws

Driving under the influence (DUI) is a serious offense that can have devastating consequences. When a DUI incident results in a fatality, the charges become even more severe. In Brooklyn, a DUI fatality case falls under the New York vehicular homicide laws.

Understanding Vehicular Homicide Laws in New York

New York distinguishes between vehicular manslaughter and vehicular homicide charges based on the driver’s level of intoxication and state of mind . The main vehicular homicide charges are:

  • Aggravated vehicular homicide – Causing the death of another person while intoxicated with a blood alcohol content (BAC) of 0.18% or higher. This is a Class B felony with a maximum sentence of 8-25 years in prison.
  • Second degree vehicular manslaughter – Recklessly causing the death of another person while intoxicated with a BAC between 0.08% and 0.18%. This is a Class D felony with a maximum sentence of 2-7 years in prison.

If the driver did not exhibit a reckless state of mind but still caused a fatality with minor impairment, they may face criminally negligent homicide charges instead. This applies to cases with a BAC under 0.08% and is a Class E felony.

Investigating Fatal Brooklyn DUI Crashes

After a fatal DUI crash in Brooklyn, specialized DWI task forces from the New York Police Department (NYPD) Highway Patrol will launch an in-depth investigation. Officers will:

  • Secure the crash scene and gather physical evidence
  • Interview witnesses and collect statements
  • Obtain a warrant for the driver’s blood sample
  • Analyze vehicle computer data and event data recorders
  • Review video footage if available

The evidence gathered will help the district attorney determine which vehicular homicide charges apply based on the driver’s level of intoxication and state of mind.

Working with a Brooklyn DUI Defense Attorney

Being charged with a vehicular homicide offense in Brooklyn can completely devastate your life. The penalties are extremely harsh, with years or even decades behind bars.

An experienced Brooklyn DUI defense attorney from firms like Tully Rinckey or The Potts Law Firm can analyze the prosecution’s case and build strategic defenses to fight the charges. Potential defenses include:

  • Invalid blood test – Errors in collecting or handling the blood sample could make the BAC results inadmissible.
  • No probable cause for arrest – If the initial traffic stop and DUI evaluation were unjustified, evidence may get suppressed.
  • Insufficient evidence of recklessness – Negligence and recklessness have different meanings under New York law.

In some cases, legal technicalities or exculpatory evidence may lead to reduced charges or dismissed cases. However, you need an attorney experienced in defending Brooklyn vehicular homicide allegations from the initial arraignment onwards.

Brooklyn DUI Fatality Case Examples

To understand how Brooklyn’s vehicular homicide laws apply in real cases, here are two examples:

People v. Smith

Defendant Margaret Smith crashed her SUV into a taxi while driving the wrong way down a Brooklyn highway access ramp. The taxi driver was killed and Smith’s BAC was recorded at 0.20%.

Charges: Aggravated vehicular homicide (Class B felony)

Outcome: Convicted at trial and sentenced to 8-15 years in prison

People v. Rodriguez

Defendant Luis Rodriguez struck and killed a pedestrian in downtown Brooklyn while making an unsafe lane change. At the time, his BAC was 0.05% and he exhibited no other signs of impairment.

Charges: Criminally negligent homicide (Class E felony)

Outcome: Plea deal for 1-3 years in prison

As you can see, the charges and penalties vary widely based on the circumstances of each case. An experienced DUI defense lawyer can thoroughly analyze the evidence to build the strongest defense.

Resources

For more information on New York DUI and vehicular homicide laws, see:

Conclusion

DUI crashes that result in a fatality lead to devastating consequences for all involved under New York’s vehicular homicide laws. Drivers face charges ranging from criminally negligent homicide to aggravated vehicular homicide based on their BAC levels and state of mind.

In Brooklyn, specialized DWI task forces conduct intensive crash scene investigations to gather evidence for building a vehicular homicide case. Those charged require experienced legal representation to analyze the prosecution’s case, identify defenses, and negotiate reduced charges or dismissals where possible. Vehicular homicide allegations lead to years or decades behind bars if convictions occur.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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