Wednesday, June 22, 2016

Wrong Way To Censure

An attorney who was twice found to be driving while intoxicated drew a public censure from the New York Appellate Division for the Second Judicial Department.

On April 12, 2014, the respondent was arrested and charged with reckless endangerment in the first degree in violation of Penal Law § 120.25, a class D felony, and driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3), an unclassified misdemeanor.

On July 16, 2014, the respondent pleaded guilty to reckless endangerment in the second degree in violation of Penal Law § 120.20, a class A misdemeanor, and driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3), an unclassified misdemeanor, in full satisfaction of all charges.

In his plea allocution, the respondent admitted that he operated a motor vehicle while intoxicated, and that he drove in the wrong direction on the Saw Mill River Parkway.

On November 5, 2014, the respondent was sentenced to a period of three years of probation, and was fined $500, along with a $605 surcharge.

On the plus side

In determining an appropriate measure of discipline to impose, this Court has considered the following factors in mitigation: the respondent's voluntary efforts at rehabilitation, his sincere statements of remorse, numerous letters and affirmations attesting to the respondent's good character, and his unblemished disciplinary record.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/06/an-attorney-who-was-twice-found-to-be-driving-while-intoxicated-drew-a-public-censure-from-the-new-york-appellate-division-fo.html

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