The Hit-and-Run DUI Loophole in New York

If you are convicted of a DUI hit-and-run in New York, then there’s a loophole you may be able to use to avoid a length prison sentence. According to U.S. News, the loophole was discovered in the 2011 DUI case involving James G. Corisanti, a prominent doctor in the Buffalo, New York area. According to the case, the driver had been at a country club, where he consumed five rum-and-cokes in addition to wine and champagne. When he drove home in his luxury sports car after the party, he started to text, and failed to see a young girl named Alix on her skateboard. Alix was on her way home from her job at a pizza parlor, and crossed in front of the BMW. Without noticing the obstruction, Corisanti slammed into the girl.

The impact sent her flying across the street, approximately 167 feet according to the investigation. She broke her neck and experienced other injuries. Alix lay on the side of the road, but Corisanti proceeded to drive home, not aware of whether or not she was live. Corisanti then deleted the texts that he had been sending at the time of the accident, and removed the victim’s blood and body tissue from the front of his pristine car. After this, he turned himself into authorities, admitting that he had been driving under the influence of alcohol. Police say that Corisanti was speeding in the bike lane while intoxicated and texting. Driving in this manner is about as reckless as driving with eyes closed. Alix did not recover from her injuries, and died as a result of the collision.

Despite the tragic circumstances, Corisanti was only given a one-year jail sentence for his crimes. Why? Because in New York, there is a law which declares that if a person is too drink to recognize that he hit someone, then he cannot be held liable for a hit-and-run accident. Leaving the scene of a fatal collision merits a sentence up seven years, but Corisanti could not be proven guilty because he claims he did not comprehend the weightiness of the accident. If you have been charged with a DUI hit-and-run in New York, make sure that your lawyer knows about this loophole that could potentially save you from years in jail!