PRESS RELEASE

For Immediate Release

December 29, 2004

Contact: William J. Smith (718) 556-7150

D.A. Donovan Encourages Islanders to
“Drive Safe & Sober” on the New Year’s Holiday
***Cautions Islanders on Penalties for DWI, Promises Strict Enforcement***

STATEN ISLAND, NY – “Spending New Year’s Day in a jail cell, or in a hospital emergency room is no way to kick off 2005,” stated Richmond County District Attorney Daniel M. Donovan, Jr. in warning Staten Islanders of the perils of drunk driving in this holiday season. “My office and other law enforcement agencies will have zero-tolerance for those who use the holidays as a reason to drink and drive.”

Arrests for drunk driving on Staten Island are approaching 800 this year, far exceeding the totals in 2002 and 2003, when there were 626 and 665 respectively. District Attorney Donovan credits the increased arrests to diligent law enforcement, “The men and women of the NYPD, as well as the Port Authority and TBTA police departments have done a remarkable job in removing these dangerous drivers from our roads.”

In 2002, the last year for which statistics are available, the National Highway Traffic Safety Administration reports that across the nation more than 1,500 people were killed in alcohol- related crashes between Thanksgiving and New Years Eve. The New Year’s Holiday accounted for 134 of those fatalities.

District Attorney Donovan noted that in New York State, alcohol related fatalities on our roads increased by 47, or 9.8% from 2002 to 2003, from a total of 482 in 2002 to 529 in 2003. In 2003, drunk driving accounted for 35% of auto fatalities in New York State. “On Staten Island we have been fortunate that we have not had any alcohol-

related fatalities this year,” noted Donovan. “However, I would rather depend on zero tolerance for drunk driving than luck.”

Since taking office in January, District Attorney Donovan has maintained a zero-tolerance policy for drunk driving offenders on Staten Island, asking for jail time for repeat offenders. However, first time offenders also face serious consequences. “At minimum, first time offenders convicted of drunk or impaired driving face the loss of their driving privilege as well as monetary fines, not the best way to celebrate a New Year,” stated the District Attorney.

Penalties for Alcohol-related and Drug-related Violations
Specific Violation	Mandatory Fine	MaximumJail Term	Mandatory Driver License Action
Driving While Intoxicated (DWI)	$500 - $1,000	1 year	Revoked for at least six months
Second DWI violation in 10 years (E felony)	$1,000 - $5,000	4 years	Revoked for at least one year
Third DWI violation in 10 years (D felony)	$2,000 - $10,000	7 years	Revoked for at least one year
Driving While Ability Impaired (DWAI)	$300 - $500	15 days	Suspended for 90 days
Second DWAI violation in 5 years	$500 - $750	30 days	Revoked for at least six months
Zero Tolerance Law	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Second Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Chemical Test Refusal	$300 civil penalty ($350 for commercial drivers)	None	Revoked for at least six months.
Chemical Test Refusal within five years of a previous DWI-related chg.	$750 civil penalty	None	Revoked for at least one year.
Chemical Test Refusal --------------- Zero Tolerance Law	$300 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Chemical Test Refusal --------------- Second or subsequent Zero Tolerance Law	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Driving Under the Influence(Out-of-State)	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence(Out-of State) with any previous alcohol or drug violation	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

Source: New York State Department of Motor Vehicles