Police can never instruct someone to violate the law when no emergency exists. After stopping 5 teenage boys on a icy, snowy day when schools were closed due to weather, Town of East Fishkill Police officers instructed a junior licensed driver to violate the Graduated Driver’s License Law rather than impound the vehicle. The purpose of the Graduated Driver’s License Law is to allow inexperienced drivers to drive in a safe environment. Statistics show that once there are two or more people under the age of 21 in the car with an inexperienced driver, the chance of a serious car crash triples. After arresting the 18 year old driver and one of the passengers, Town of East Fishkill Police officers instructed a 17-year-old to drive the other two minors home in violation of the Vehicle and Traffic Law that prohibits a junior licensed driver from driving with more than one underage passenger. Predictably, a crash occurred and our client, who was seated in the rear, suffered life threatening injuries. After seven years of litigation, which included an appeal to the Appellate Division which we won, the case was set for trial. Just prior to jury selection the insurance company for the Town offered their full $11,000,000 of insurance and the insurance company covering the car offered their full $100,000 of insurance.
The case was handled by Managing Partner Andrew Finkelstein, Trial Attorney Brian Acard and Partner Elyssa Fried.