Repeat Offenders

Repeat Offender Cases:
Under the Vehicle and Traffic Law, there are two levels of felonies for repeat offenders:

The first level deals with a repeat offender who operates a motor vehicle in violation of any of the Driving While Intoxicated (DWI) or Driving While Ability Impaired by Drugs statutes after having been convicted of a DWI within the last ten years. This is a Class E Felony where the individual charged faces up to 1 ⅓ to 4 years in state prison plus a fine of up to $5,000.

The second felony level is for the repeat offender who operates a motor vehicle in violation of any of the DWI statutes after having been convicted of two or more DWI’s within the last ten years. This is classified as a Class D Felony where the individual charged faces up to 2 ⅓ to 7 years in state prison plus a fine of up to $10,000. The Office of the Albany County District Attorney vigorously prosecutes these types of individuals.

Repeat Offender Cases of Note:
People v. Vincent Daniele, Jr.
Mr. Daniele was previously convicted of a Driving While Ability Impaired, an infraction, and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, a Class E Felony, in 2001. He was subsequently convicted of AUO in the 1st Degree and a Misdemeanor DWI  in 2004. In 2011, he was convicted of DWI as a Class E Felony and sentenced to Drug Court and five years probation. While in Drug Court and on probation, Mr. Daniele was charged and convicted in late 2011 of his fourth alcohol-related conviction; this time a Class D Felony. As a result of Mr. Daniele’s conduct, he was ultimately sentenced to 1-3 years in state prison for violating probation, as well as a consecutive sentence of 2-6 years in state prison for the Class D Felony DWI. He is currently serving 3-9 years in state prison.

 

Crash scene photo