NBC New York reports that a routine traffic stop turned dangerous after a suspected drunk driver resisted arrest. At around 2:45 a.m. on a Sunday morning, an officer conducted a traffic stop in the parking lot of a shopping center in New York.
According to the Patch, police claim the 34-year-old motorist did not comply with the officer’s requests during the stop. He resisted arrest and at one point allegedly dragged an officer with his vehicle.
After the officer freed his arm, the motorist stopped again on the street next to the shopping center. When police apprehended him, he allegedly refused to comply with their demands.
The arresting officer proceeded to fire a single shot, which hit the motorist in the shoulder, wounding him. Responders brought the DWI suspect to a local hospital in stable condition. Authorities believe he will make a full recovery.
Police claim there is an investigation underway to determine the precise details of the traffic stop. Currently, the man is facing DWI charges with a prior conviction, reckless endangerment, aggravated unlicensed operation of a motor vehicle, and fleeing police in a motor vehicle.
If you are facing DWI charges in New York, contact Darren DeUrso, Attorney at Law. Call 914-772-8614 to discuss your case with a White Plains criminal attorney.
What Is Reckless Endangerment?
Pursuant to New York Penal Law 120.20 and 120.25, reckless endangerment is the act of partaking in behavior that endangers the safety or life of another individual. Reckless endangerment in the second degree is a Class A misdemeanor, whereas reckless endangerment in the first degree is a Class D felony.
Reckless endangerment charges are unique in that intent does not define their degree; rather, the extent of recklessness determines the severity of the sentencing. In a reckless endangerment case, prosecutors must prove that the defendant behaved so recklessly that his or her actions were criminal, despite their intentions or lack thereof.
Is Fleeing Police a Felony?
Pursuant to New York Penal Law 270.75, it is illegal to flee from police in a motor vehicle. Fleeing the police in the third degree is a Class A misdemeanor; however, if serious physical injuries or death occur as a direct result of fleeing, it is a felony.
For example, if someone flees the police in a motor vehicle and causes serious physical injury to a police officer or third party, it is a Class E felony. If a motorist causes the death of a police officer or third party as a result of fleeing the police, it is a Class D felony.
If you are facing DWI charges, Darren DeUrso, Attorney at Law will assess your situation and help you determine the best way to proceed. Mr. DeUrso has been a criminal attorney for more than 30 years, and he has extensive litigation experience. Call 914-772-8614 to schedule a consultation with a White Plains DWI lawyer.