A Nassau County jury has convicted a Hicksville man in the September 2024 drunk driving crash that killed 30-year-old Jannai Allen, according to the Nassau County District Attorney’s Office. On October 27, 2026, Miguel Nolasco, 44, was found guilty of aggravated vehicular homicide, second-degree manslaughter, second-degree assault and driving while intoxicated, as reported by LongIsland.com and Long Island Traffic. For families who have lost someone to an impaired driver, the verdict is a reminder that criminal accountability is only one part of the picture. As a Long Island drunk driving accident lawyer team, Chaikin Trial Group wants families to understand the separate civil rights New York law gives them.
Our thoughts are with Mr. Allen’s family, friends and children as they continue to grieve.
What Happened in the Hicksville DWI Crash
According to the District Attorney’s account as reported by LongIsland.com, the crash happened at about 11:15 p.m. on September 21, 2024, at West John Street and Prospect Avenue in Hicksville. Prosecutors said Nolasco was driving a 2005 Honda Odyssey westbound on West John Street at speeds upwards of 100 mph in a 40 mph zone. Mr. Allen was eastbound on Prospect Avenue, turning left toward Cantiague Rock Road, when his vehicle was struck.
Mr. Allen’s car caught fire and he was trapped inside; he was pronounced dead at the scene. Nolasco’s vehicle rolled onto its side and hit several trees. Prosecutors said a blood draw taken about an hour after the crash showed a blood alcohol content of 0.21%, more than two and a half times New York’s 0.08% legal limit.
The trial began October 15, and the jury deliberated for about three hours. Nolasco faces up to 8-1/3 to 25 years in prison and is scheduled to be sentenced on December 16, 2026. “Miguel Nolasco was nearly three times the legal limit for alcohol when he decided to get behind the wheel,” District Attorney Anne T. Donnelly said, adding that she hoped the conviction would be “the first step towards peace and healing for Jannai Allen’s loved ones.”
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Drunk Driving Remains a Leading Cause of Traffic Deaths
Crashes like this one are preventable, yet they remain far too common. According to the National Highway Traffic Safety Administration (NHTSA), about 32 people in the United States die in drunk-driving crashes every day, and 11,904 people died in alcohol-impaired driving crashes in 2024. NHTSA reports that about 30% of all U.S. traffic fatalities involve drivers with a BAC of 0.08 or higher.
Nassau and Suffolk County roads, with their mix of high-speed arterials, parkways and busy local intersections, leave little margin for error when a driver is impaired and speeding. Late-night hours and weekends are especially dangerous.
Your Legal Rights After a Long Island Drunk Driving Accident
A criminal prosecution is brought by the state to punish the offender. It does not compensate the victim or the family. Victims and families have the right to pursue a separate civil claim, and working with an experienced Long Island car accident lawyer can help protect that claim. Key points under New York law include:
- Wrongful death claims. When a crash is fatal, the personal representative of the estate can bring a wrongful death claim on behalf of the family. Damages can include lost financial support, funeral expenses and the loss of a parent’s guidance to children, along with the decedent’s own conscious pain and suffering before death.
- New York wrongful death statute of limitations. In general, a wrongful death action must be filed within two years of the date of death. Personal injury claims generally must be filed within three years. Exceptions can shorten or extend these deadlines, so families should not wait to get advice.
- No-Fault and the serious injury threshold. New York’s No-Fault system pays basic economic losses, such as medical bills and lost wages, regardless of fault. To sue an at-fault driver for pain and suffering, an injured person generally must show a “serious injury” as defined by Insurance Law §5102(d). Fatal crashes meet this threshold.
- Dram shop law in New York. Under New York’s Dram Shop Act (General Obligations Law §11-101), a bar, restaurant or other seller that unlawfully sells alcohol to a visibly intoxicated person may be held liable for injuries that person causes. Whether that applies depends on where and how the driver was served.
- Punitive damages. In some cases involving extreme recklessness, such as severe intoxication combined with excessive speed, New York courts may allow punitive damages in addition to compensatory damages.
Can You Sue a Drunk Driver in New York?
Yes. A person injured by a drunk driver, or the family of someone killed, can generally bring a civil lawsuit against that driver, whether or not criminal charges are filed and regardless of the outcome of the criminal case. A drunk driver accident lawyer can review the police report, criminal case records, toxicology results and available insurance coverage. In many cases, the owner of the vehicle may also be responsible under New York’s vehicle owner liability law.
What To Do After a Drunk Driving Crash
- Call 911 and get medical care. Even injuries that seem minor can worsen. Medical records are also key evidence.
- Tell police you suspect impairment. Officers can then document signs of intoxication and order testing.
- Document the scene if it is safe. Photos of the vehicles, the roadway, skid marks and any debris can help later.
- Get witness names and contact information.
- File your No-Fault application promptly. In New York, the No-Fault application must generally be submitted within 30 days of the accident.
- Do not give a recorded statement to the other driver’s insurer before speaking with a lawyer.
- Contact a Long Island drunk driving accident lawyer to preserve evidence such as surveillance video and bar receipts before it is lost.
How Chaikin Trial Group Can Help
Chaikin Trial Group is a Long Island personal injury law firm with offices in Melville and Manhattan. As a Nassau County car accident lawyer and Hicksville car accident lawyer team, we represent people injured in crashes and families who have lost a loved one. We investigate how the crash happened, identify every source of insurance and potential dram shop liability, and work with experts to show the full extent of what was lost. You can review some of our case results and read what clients say in our reviews. For more on a recent local crash, see our post on the fatal Hempstead crash at Long Beach Road and Windsor Parkway.
Frequently Asked Questions
Do I need a criminal conviction to file a civil claim against a drunk driver?
No. A civil case is separate from the criminal case and uses a lower standard of proof. You can file a civil claim even if no charges are brought or the driver is acquitted.
What is the New York wrongful death statute of limitations?
Generally, a wrongful death lawsuit must be filed within two years of the date of death. Some situations involve shorter notice deadlines, such as claims against municipalities, so it is important to speak with a Long Island wrongful death lawyer early.
Can a bar be held responsible for a drunk driving crash?
Possibly. Under the dram shop law in New York, a business that unlawfully sold alcohol to a visibly intoxicated person can be liable for resulting injuries or deaths.
How much does it cost to hire a drunk driver accident lawyer?
Chaikin Trial Group handles injury and wrongful death cases on a contingency basis. There is no fee unless we win. See our FAQs for more.
Talk to a Long Island Drunk Driving Accident Lawyer Today
If you or someone you love was hurt or killed by an impaired driver on Long Island or in New York City, you do not have to navigate the legal process alone. A Long Island drunk driving accident lawyer at Chaikin Trial Group can explain your options in a free, confidential consultation. There is no fee unless we win. Contact us online to get started.
This post is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome. Attorney Advertising.