On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC on Monday, April 22, 2019.

Any adult who is going to head out to an event with alcohol should make sure that they plan for getting home. Trying to make it home after a few drinks can be a dangerous proposition, not only because of the risk of criminal charges if you are stopped by the police, but due to the chance of being involved in an accident.

Many people don’t realize what a large problem drunk driving is. There is gruesome news when it comes to the number of people who die in alcohol-related crashes. This number has decreased by around 48 percent since 1982. When you consider only people under 21, the number of drunk driving fatalities has decreased by around 80 percent.

Scope of the issue

The National Highway Traffic Safety Administration notes that there were an estimated 10,874 people who died in drunk driving crashes in which a driver had a blood alcohol concentration of at least .08 percent. Around 7,368 of those were associated with a driver who had a BAC of at least .15 percent.

The only way that these crashes can be prevented is if people drinking alcohol find a designated driver, use ridesharing or take public transit home. These deaths are one of the reasons why police officers take such a harsh stance against drunk drivers.

Legal actions

A person who is driving while they are impaired by alcohol, drugs or any substance can face criminal charges for their actions. While a drunk driving charge is difficult to cope with, it is also possible that they will face other criminal charges if they are in an accident. These are possible if there is a serious injury or fatality caused by the wreck.

In the case of a fatal wreck, the driver could be charged with vehicular manslaughter. This can lead to considerable time in prison, as well as other possible sentences. This also comes with the knowledge that your decision to drive drunk led to someone losing their life.

Some drunk driving fatalities result in the driver being the defendant in not only a criminal case, but also a civil case. This occurs if the family members seek compensation for the loss of their loved one.

Anyone who is accused of drunk driving that leads to a fatal accident shouldn’t waste time before starting on their defense strategy. They need to review the evidence against them and work on finding ways to call the New York prosecutor’s claims into question.

By : First Page Attorney | April 22, 2019 | Uncategorized


On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in violent crimes on Sunday, April 21, 2019.

If you are facing criminal charges related to violent crime in New York, the judge and jury will take not only the facts of your case into consideration but also your state of mind as you allegedly performed the acts resulting in the charges. Intentional actions to harm someone else can result in more serious penalties, so the prosecution will be attempting to prove that you had a motive for allegedly acting in a way that could cause harm to one or more others. At the same time, you and your attorney will likely try to cast doubt upon the intent behind your actions. According to FindLaw, the legal term for one’s state of mind while allegedly committing a crime is mens rea, which translates from Latin to “guilty mind.”

The question of mens rea comes down to whether you intended to break the law and/or behave in a way that would cause harm to others. For example, if you injure or kill someone as a result of a motor vehicle accident but made attempts to avoid the collision, you are unlikely to face criminal charges, although you may be liable for monetary damages in civil court. It would, however, be a different matter if you actively sought out an individual to hit with your car and accelerated to hit him or her with the most force possible.

However, there are situations in which carelessness can reach criminal levels. For example, leaving flammable materials, sharp objects or weapons out in the open where a child may access them may constitute reckless negligence even if there was no intent to cause harm because a reasonable adult should understand that a child could do himself or herself an injury with access to such objects.

It is also important to note that ignorance of the fact that a particular action was illegal is unlikely to serve as an adequate defense against a charge of violent crime. In the first place, a jury is unlikely to believe it, and in the second place, ignorance of the law is not an excuse. If it were, it would undermine the effectiveness of the legal system because people could avoid any penalty simply by failing to learn the law.

The information in this article is not intended as legal advice but provided for educational purposes only.

By : First Page Attorney | April 21, 2019 | Violent Crimes


On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Friday, April 12, 2019.

For those who have been accused of committing a crime in New York, it is important to understand if the charge is a state or a federal one. The differences can affect the jurisdiction, the outcome and the length of a sentence. It may also make a difference on the record of the accused.

According to FindLaw, local and state courts are established by the state they are in. In states, there may also be courts established by counties, cities and other municipalities. The United States Constitution established federal courts and they are used to settle disputes between laws passed by Congress and the Constitution.

The type of case a court is authorized to hear defines the jurisdiction. Jurisdiction for state courts is broader and involves cases like traffic violations, robberies, family disputes and broken contracts that many individual citizens deal with. State courts are not allowed to hear cases involving certain federal laws such as bankruptcy, copyright, patent, antitrust, criminal and some maritime cases along with any suits brought against the United States.

There are times where both state and federal courts have jurisdiction over an issue. In this situation, the parties involved can choose whether they want to go to federal court or state court. Most criminal cases are handled in state court because they are tied to state law. If the crime violated a federal law, then the case would be handled in federal court.

Other crimes handled in federal court include crossing state or country lines with illegal drugs, crimes that are committed on federal property and using the mail to swindle consumers. Federal property can include military reservations or national parks. Statistics show that one million federal court cases are filed each year and 30 million state court cases are filed each year.

By : First Page Attorney | April 12, 2019 | Federal Crimes

Clients Testimonials

Contact Us

Please fill in the form below to get in touch with us

I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

To schedule your initial consultation or to learn more about my firm, call 718-596-1829 or complete the lawyer contact form below.