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The story is well known by now if you have followed the news over the last three months. On June 9, 2008, two year old Caylee Marie Anthony went missing in Orlando, Florida. Her Caylee’s mother, Casey Anthony, did not report Caylee missing. It wasn’t until July 16, 2008 that Caylee’s grandmother reported Caylee the young girl’s disappearance. That same day, Casey Anthony was arrested and charged with first degree murder, aggravated manslaughter, and aggravated child abuse.

On May 24, 2011, the criminal trial began in Orlando. After more than a month of testimony by approximately 100 witnesses, and 400 pieces of evidence, on July 5, 2011, the jury found Casey Anthony not guilty of first degree murder, aggravated manslaughter and aggravated child abuse. However, Anthony was found guilty of four counts of providing false information to law enforcement.

Judge Belvin Perry gave Anthony the maximum sentence of one year each for 4 counts of giving false information to authorities. In addition, he sentenced Ms. Anthony to the maximum fine of $4,000, representing a $1,000 penalty for each count she was convicted of. With time served, and credit for good behavior, Casey Anthony was released on Sunday, July 17, 2011. Although Anthony asked to be immediately released, the judge made his displeasure known: “As a result of those four specific, distinct lies, law enforcement expended great time and resources looking for Caylee Marie Anthony,” Judge Perry declared.

In New York, falsely reporting an incident carries a maximum penalty of 7 years in jail, and a fine up to $5,000. Currently, it is a class A misdemeanor to fail to report a child missing in New York. However, New York State Senator Andrew Lanza is seeking to change this. Lanza is planning on introducing a “Caylee’s Law”, which would make it a class E felony for a parent or guardian to fail to report a child missing within 24 hours of their disappearance. New York Assemblywoman Grace Meng is also working on a similar statute. In her version, it would be a felony if a parent, guardian, or caretaker fails to report a missing child “within a timely manner.”

Since the July 5, 2011 verdict, Florida and more than 15 other states have proposed a form of “Caylee’s Law.” There is also a proposed federal version of Caylee’s Law that would make it a felony to wait more than 24 hours to report a missing child, and a felony not to report the death of a child within one hour. A petition by citizens around the country to create this law has apparently garnered more than 1.2 million signatures.

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Back on December 19, 2010, Raul Rios, a 23 year old man, was nearly killed when he was struck by a car as he was crossing Post Road in White Plains on his way to the Kennedy Fried Chicken at 4:00 AM that morning. The driver who struck Rios, 29 year old Christin Ewing, was driving a black Mercedes and was charged with a hit and run in the accident. Rios was in the hospital for several weeks and had surgery for head, leg and skin injuries.

Police tracked Ewing down after approximately six weeks using various resources including enhanced videotapes from local businesses and repair records from local dealers and shops to determine if similar vehicles had been brought in for repair. Mr. Ewing, a former wrestling coach in Mahopac, stated that he did not know he had struck anyone that December day.

On June 27, 2011, Ewing pleaded guilty in Westchester County Court to leaving the scene of a personal injury accident as a felony. His plea involves a sentence of 5 years “shock probation”, which includes a six month jail term for the first six months of his sentence. Mr. Ewing will be free until September 19, 2011, the date of sentencing.

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Lenny Dykstra, the former star centerfielder for the New York Mets and Philadelphia Phillies, has been charged in Los Angeles with embezzling more than $400,000 worth of personal property from a bankruptcy estate. Dykstra pled not guilty in a Los Angeles federal Court on June 13, 2011.

Federal prosecutors charged that Dykstra sold or destroyed the property from a mansion worth $18.5 million without the permission of the bankruptcy trustee. Amazingly, Dykstra, who was apparently a very successful investor following his baseball career, required the services of a public defender due to his financial inability to retain a private attorney.

Dykstra is in Los Angeles County Jail after being hit with a total of 25 misdemeanor and felony counts, including grand theft auto, attempted grand theft auto, and identity theft. Dykstra is looking at a maximum jail term of 80 years in prison if convicted on all counts against him. A trial date has been set for May 9, 2012.

The bad news for the 48-year-old Dykstra seems to be getting worse, as he is also facing drug possession charges in a separate state case, following the discovery by police of cocaine and synthetic hGH in his home in May. He was arraigned on those charges this week.

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In a study conducted by the Gannett Newspapers and reported in the Journal News on May 2, 2011, it was found that traffic tickets issued for cell phone violations varied substantially by county. Additionally, the study showed that violations for texting while driving were a small percentage of the overall cell phone tickets handed out–less than 1% of the total tickets. Specifically, Department of Motor Vehicles (NYSDMV) records indicate that there were 332,000 cell phone infractions in 2010, compared with only 3,200 texting while driving tickets.

One reason for the small percentage of texting while driving tickets issued is that the texting prohibition just went in effect in 2010, and it is difficult to enforce with motorists attempting to shield the texting by keeping their phones out of sight of the police officer. Further, texting while driving is still a “secondary violation”, meaning that unless an officer can prove another traffic infraction, such as speeding, disregarding a traffic control device or an unsafe lane change, he is not permitted to give the ticket. New York along with only three other states has the secondary violation texting while driving ban, while 27 states make this a primary violation, in which the officer does not need any other reason to stop the vehicle.

Half of the texting while driving tickets were issued in New York City. Westchester County issued 100 texting while driving tickets in 2010, with 126 in Nassau County, while there were only 21 issued in Rockland County and 13 in Putnam County. Cell phone tickets dropped 15 % over the last 4 years. According to the National Highway Traffic Safety Administration (NHTSA), in 2009 there were 5,474 fatalities attributed to distracted driving, which comprised 16 % of all fatal accidents. This was an increase of 6% in distracted driving fatalities since 2005.

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On April 28, 2011, Atlanta Braves pitcher Derek Lowe, 37, was charged with DWI, reckless driving, and unsafe lane change in Atlanta, after he apparently engaged in a race with another driver on an Atlanta street. Lowe was pulled over by the Georgia State Patrol, and the officer allegedly smelled a strong odor of alcohol, and Lowe apparently failed Field Sobriety tests.

According to the Los Angeles Times, several sources, Lowe refused to take a chemical test, was booked and taken to an Atlanta jail. He was released on bail of $2,944.

If Lowe was convicted in New York on these same offenses, he would be facing fines of up to $900.00 on the misdemeanor charge, a suspension of his driver’s license for six months, along with the requirement to obtain alcohol abuse assessment, attend the drinking Driver program (“DDP”), attend a Victim Impact Panel, install an ignition interlock device in his vehicle for up to one year, and pay $750 in fines to the New York State Department of Motor Vehicles. For the misdemeanor reckless driving charge, he would be facing fines, and 5 points on his driver’s license. For the unsafe lane change traffic infraction, Lowe would be assessed 3 points on his driver’s license.

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Although many are not aware of it, on January 1, 2011 the Move Over Act was implemented in New York State. The Act requires that drivers observing emergency vehicles with their lights flashing on the side of a highway must reduce their speed and drive with “due care.” If the driver is on a highway or parkway with multiple lanes, the driver is required to pull his or her vehicle one lane to the left to avoid the possibility of endangering the safety of the emergency responders.

The Act came in to being in response to several cases over the last few years in which emergency personnel and police officers were either killed or severely injured due to motorists driving too closely or too fast in proximity to the workers or officers. The official name of the regulation is the Ambrose-Searles Move Over Act, named after New York State Trooper Robert W. Ambrose and Onodaga County Sheriff Glenn M. Searles, who both were killed in the line of duty while their cars were attending to emergencies on the roadway.

According to the National Law Enforcement Officers Memorial Fund, since 1999, more than 160 law enforcement officials have been killed as a result of being struck while assisting in roadway incidents. A violation of the Move Over Act will result in a fine of $275.00 and a two point assessment on the motorists’ license.

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Those of us (and there are many out there) know that in the past, a New York traffic infraction for driving while speaking or texting on a cell phone involved a fine, but no points on your driver’s license. In the wake of the significant increase in distracted driving accidents, the days of no points are over. In an amendment to Vehicle & Traffic Law Section 1225-c effective today, February 16, 2011, if you are convicted of or plead guilty to driving while speaking on a cell phone, as well as texting while driving, you will now be assessed two points on your license in addition to paying the associated fines.

The fine for a cell phone violation is $100, along with a Court surcharge which can run as high as $85.00. The fine for a texting while driving infraction is $150.00. According to NYSDMV statistics, distracted driving is involved in one of five crashes in New York State.

11 points on a New York State driver’s license within an 18 month period leads to a suspension of the license.

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The New York State Police have filed criminal charges against the driver in the tragic van rollover accident that killed six people last September in Woodbury, New York. The police arrested Bernard Lattibeaudiere on January 18, 2011 and charged him with first degree unlicensed operation of a vehicle, under section 511-3 (a) (ii), which is a felony. He was released without bail and must return to Court on February 1.

Back on September 18, 2010, Mr. Lattibeaudiere was at the wheel of a church van which rolled over on the New York State Thruway after one of its tires blew out. The accident occurred north of Exit 16 in the Town of Woodbury. There were 14 passengers in the van, and six died, including the Rev. Simon White of the Joy Fellowship Christian Assemblies in the Bronx, his wife, and his sister.

Of the 14 passengers, only Mr. Lattibeaudiere and one passenger were wearing seat belts, although there is some question as to how many seat belts the vehicle was equipped with. According to the police, the van was traveling northbound in the left lane when the left rear tire blew out. After the van swerved over the rumble strip, the driver allegedly overcorrected to the right, causing the vehicle to roll over several times.

Apparently, Lattibeaudiere’s license had been suspended 25 times, leading to the felony charge on what is normally a misdemeanor. If convicted of first degree aggravated unlicensed operation, Lattibeaudiere faces fines of between $500 and $5,000, and must be sentenced to either a term of imprisonment, a sentence of probation, or a term of imprisonment as a condition of probation.

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In a case we have followed since its inception last May, former New York Giant linebacker Lawrence Taylor pled guilty on January 13, 2011 to 2 misdemeanor charges in the Rockland County Court. Taylor was charged with statutory rape and third degree criminal sexual act after being accused of paying $300.00 for sex with a sixteen year old girl in a Montebello, New York Holiday Inn on May 6, 2010. Taylor was indicted by a grand jury on two felony sexual misconduct charges which carried mandatory 10 years probation.

As a result of a plea of guilty to sexual misconduct under Section 130.20 and third degree patronizing a prostitute under 230.04 of the New York Penal Law, which are both misdemeanors, Taylor will pay a fine of $1,400.00; be on probation for six years; and most significantly, he will be required to register as a sex offender in New York and Florida under Megan’s Law, part of the NYS Correction Law.

Sentencing is on March 22, 2011, when it will be determined what level sexual offender Mr. Taylor is designated.

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On December 21, 2010, New York City firefighter Pat Quagliariello, 39, was arraigned on charges including criminally negligent homicide and leaving the scene of a personal injury accident before Judge John G. Ingram in Kings County Court. The District Attorney’s Office has alleged that on October 10, 2010, at approximately 12:30 AM, Mr. Quagliariello was texting and speeding while driving his BMW X3 at the intersection of 65th Street and 20th Avenue, when his vehicle struck and killed Manuel Tzaj Guachiac, a 35 year old Guatemalan immigrant.

It is further alleged that after the accident, Quagliariello fled the scene and left Mr. Guachiac to die, according to Craig Esswein, the ADA appearing at the arraignment for the Kings County District Attorney’s Office. Mr. Quagliariello then abandoned his car and contacted relatives, including his brother, Anthony Quagliariello, who is a detective with the NYPD Joint Terrorism Task Force. The BMW was apparently located about a block from Mr. Quagliariello’s home in Midwood. The DA’s office also claims that records revealed that Quagliariello was texting at the time of the collision and made calls which place him at the accident scene.

Mr. Guachiac had returned to New York from Guatemala in the spring after visiting his parents and was going home from a late shift at his second job when the fatal accident occurred.

Mr. Quagliariello was also charged with reckless driving and several traffic infractions. He pled not guilty and was released on $50,000 bail. Mr. Quagliariello could face up a minimum of 1 year and maximum of 4 years in jail on the criminally negligent homicide charge if convicted.

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