Meet 19 year old Trevor Kureczka. That's the happy go lucky NY teenager below....
And here he is in his 2016 felony booking photo....
Trevor was pulled over at about 12:40 am on the South Transit Road in Niagara, New York on New Year's Day after another driver reported him as a reckless driver on the South Transit Road.
Apart from questioning Trevor's sobriety / intoxication responding Niagara County Deputy Sheriffs found that he had eight (8) "passengers" in the vehicle, two (2) of which were minors (aged 15) and who were located inside of the vehicle's trunk.
Trevor's clown car act was anything but funny as he was not only arrested for DUI but his DUI was enhanced to a felony under NY's "Leandra's Law" (a law which makes DUI an automatic felony where there is a person aged fifteen (15) or less inside of the car). Further, because of the two (2) passengers who were found inside the trunk of his car Trevor also picked up two (2) additional charges of endangering the welfare of a child.
And here he is in his 2016 felony booking photo....
Trevor was pulled over at about 12:40 am on the South Transit Road in Niagara, New York on New Year's Day after another driver reported him as a reckless driver on the South Transit Road.
Apart from questioning Trevor's sobriety / intoxication responding Niagara County Deputy Sheriffs found that he had eight (8) "passengers" in the vehicle, two (2) of which were minors (aged 15) and who were located inside of the vehicle's trunk.
Trevor's clown car act was anything but funny as he was not only arrested for DUI but his DUI was enhanced to a felony under NY's "Leandra's Law" (a law which makes DUI an automatic felony where there is a person aged fifteen (15) or less inside of the car). Further, because of the two (2) passengers who were found inside the trunk of his car Trevor also picked up two (2) additional charges of endangering the welfare of a child.
"Leandra's Law" was prompted by the death of eleven (11) year old Leandra Rosado, who died on October 11th, 2009 on the Henry Hudson Parkway in New York City when Carmen Huertas, Leandra's friend's mother, flipped her car while impaired. Six (6) other kids were injured in the accident. Exactly one (1) month and one (1) week later, on November 18th, 2009, "Leandra's Law" was unanimously passed by both the NY State Assembly and the NY State Senate, and then-Governor David Paterson signed it into law in 2009.
Memo to the Folks: In Florida we do not have a "Leandra's Law" (meaning that we do not automatically reclassify a misdemeanor DUI to a felony as they do in NY simply because a child was in the car). Instead, Florida Statute 316.193 (the "DUI statute" which you can view by clicking here) enhances an otherwise "simple" DUI as follows: For a first from a maximum 6 months in jail and $1,000.00 fine to 9 months in jail and a $2,000.00 fine and for a second from 9 months in jail and a $2,000.00 fine to 12 months in jail and a $4,000.00 fine. Even though I believe that DUI laws are, generally, overly harsh, perhaps we (FL) should reconsider our statutory scheme. Drink driving is a bad idea but drink driving with kids in the car is downright stupid.
When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is: "Don't do it! Get a DD (Designated Driver), not a DUI".
Be smart{er than Trevor Kureczka}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.
Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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