Legal Question in DUI Law in New York

My husband had two beers at 230 to 330p.m. he had eaten slept a tad then took our son home at 849 p.m. After dropping him off he got a bad coughing spell that made him dizzy. Next thing he knows hes smashing into a tree. My husband had a bad cold. Was not drunk when leaving the house but did however take cough/cold liquid b4 going. Police issued a dwai his vehicle is totaled. Will the insurance company cover his accident? He has no fault liability and collision. Hes never had a ticket. Squeaky clean license! Hes afraid to telk his i surance company because he cant afford a new vehicle and his other was bank owned...


Asked on 12/26/17, 8:52 am

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

He will need to tell his insurance company. they will be notified. the local Prosecutor and the financing company may also seek to recover the car for forfeiture purposes. And lastly, but most importantly, he is being charged with a crime for drunk driving. You should consult with a lawyer familiar with both the criminal proceeding and forfeiture proceedings.

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Answered on 12/26/17, 9:20 am


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