New York Criminal Attorney Blog

As if New York Traffic Fines (please see our June 21, 2008 post) were not high enough, New York has a Driver Responsibility Program that can cost those who pay traffic fines in New York a whole lot more. Under the Program in New York, a Driver Responsibility Assessment is billed by New York DMV if you obtain 6 points on your license in 18 months. The Assessment starts at $100 per year for a period of 3 years (for a total of $300) and adds $25 per point per year over 6 points (for example 8 points costs $150 per year for three years).

The Driver Responsibility Assessment in New York applies to both New York Drivers and out-of-state drivers. The penalty for failing to pay is suspension of your driving privileges in New York.

Its important to remember that the Assessment is on top of the fine, surcharge and any raise in insurance rates.

Many drivers in New York who get tickets and plead guilty by mail get completely taken by surprise when they get this additional bill in the mail from New York Department of Motor Vehicles. It’s easy to get to six points in New York. Speeding 76 or above in a 55 mile per hour zone is six points for one ticket. Failing to signal a lane change and 41 in a 30 mile per hour zone is another easy way to get to six points.

Bottom line, if you receive any traffic summons in New York State consult an experience New York Traffic Attorney and get the facts before you plead guilty.

Posted by Peter Howard Tilem | Permalink | Email This Post | Comments (1)

Posted In: TRAFFIC

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New York State traffic ticket fines can be expensive. Some small towns actually use traffic summons fines as a revenue source to help lower the taxes of the local residents. New York State Speeding fines can be among the most expensive traffic violations with fines for one mile per hour over the speed limit costing as much as $150 for a first offense. In addition, each traffic violation in New York State carries a mandatory New York State surcharge of either $50 or $55 depending on the Court. Even for a first conviction speeding 31 or more miles over the limit carries a fine of up to $600 for the first offense and for a third offense in eighteen months (which carries a mandatory revocation of the motorist’s driver’s license) the fine and surcharge can exceed $1000.

Aside from speeding fines, other traffic violations such as passing a red light and reckless driving can be very expensive and it is not uncommon for a single traffic ticket to cost more than $200 for the fine and surcharge.

In addition to the exorbitant fines levied in New York Courts for traffic summonses, New York has a point system that insurance companies and the New York State Department of Motor Vehicles (DMV) use to assess additional fees and surcharges. See point chart at trafficticketexpress.com.

The bottom line is that New York Traffic Violations can get very expensive. If you have received a traffic ticket, don’t simply pay it without knowing your rights and the potential consequences. Get the facts at trafficticketexpress.com or contact 1-877 DR SUMMONS.

Posted by John Campbell | Permalink | Email This Post | Comments (0)

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Aggravated Unlicensed Operation of a Motor Vehicle in New York, also known as driving with a suspended (or revoked) license is a serious crime defined in the Vehicle and Traffic Law of New York State. Driving with a suspended license can be either a misdemeanor or a felony depending on the circumstances of the individual case. Most often the motorist’s license is suspended for failure to answer one or more summonses but a person’s New York State License can be suspended or revoked because of a DWI, DWAI, an insurance lapse, three speeding convictions in an eighteen month period or accruing more than 11 points on a person’s license to name a few.

If your license is suspended don’t drive. In many cases an attorney experienced in traffic matters can “clear” the license inexpensively and quickly. If you are stopped while driving with a suspended or revoked license in Manhattan, Queens, Brooklyn, Bronx or Staten Island you will most likely be arrested and spend twenty-fours in jail waiting to see a judge (arraignment). In Westchester and other suburbs you will probably receive a summons but so not let the summons fool you. The summons may charge you with a felony or misdemeanor for which a jail sentence is required.

The best course of action is to “clear” your license. That means obtaining a driver’s abstract from DMV (we can obtain driver's abstracts) and resolving each of the issues on your driver’s license. The ultimate goal is to restore your driving privileges with the Department of Motor Vehicles. Judges and prosecutors are reluctant to plea bargain cases where the defendant has not restored his or her driving privileges. Judges and prosecutors are concerned that if you don’t restore your driving privileges you will be back with another VTL 511 charge.

A note about out-of-state driver’s or individuals without a New York State License, you can still be charged under this section. VTL §511 makes it a crime to operate a vehicle if your privileges to operate a vehicle have been suspended or revoked. That means that even if you have never had a New York State Driver’s License if you fail to answer a New York summons or cause DMV to suspend your privileges for some other reason (like a New York DWI) your New York State driving privileges can still be suspended or revoked and if caught driving in New York you are subject to arrest.

The bottom line is, don’t ignore summonses, DMV notices or insurance issues. If you believe your license is suspended do not drive. Check with DMV or a New York lawyer who can check the status of your license or driving privileges. If you are charged with Driving with a Suspended or Revoked License get an attorney involved as early as possible so that you can get your privileges restored and get the best possible outcome.

Posted by Peter Howard Tilem | Permalink | Email This Post | Comments (0)

Posted In: TRAFFIC

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A relatively new set of laws in New York creates a new category of crimes based upon fleeing from the police in a car. Only in effect since November of 2006, Penal sections 270.25, 270.30 and 270.35 criminalize fleeing from the police if you are in a vehicle and you either exceed the speed limit by 25 miles per hour or drive recklessly. Section 270.30 applies if the chase results in “serious physical injury” and section 270.35 applies if the chase results in the death of someone.

Prior to the effective date of these statutes, a person fleeing from the police was only guilty of failure to obey a police officer which is a traffic infraction under New York Law. Under these new sections, fleeing from the police is a crime. Under Penal Law §270.25 a person can be found guilty of a class “A” Misdemeanor and face up to one year in jail. Under Penal Law §270.30 a person can be found guilty of a class “E” Felony and face up to four years in prison and under Penal Law §270.35 a person can be found guilty of a class “D” Felony and face up to seven years in prison.

These cases are serious and anyone charged with any of these crimes should contact an experienced New York criminal defense attorney who handles driving related matters.

The bottom line is if you see the police behind you, pull over immediately. The life you save maybe yours.

Posted by Peter Howard Tilem | Permalink | Email This Post | Comments (0)

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White Plains based law firm Tilem & Campbell has launched its own investigation into some of the practices of the Cayuga Heights Village Court and Judge Glenn G. Galbreath. Tilem & Campbell, the Westchester County based firm that represents drivers throughout New York State and is the owner of domain name TRAFFICTICKETEXPRESS.COM, launched the investigation after a letter from the Cayuga Heights Court seemed to indicate that Judge Galbreath may be implementing an illegal plea policy with regard to speeding tickets. During a preliminary investigation, the firm received complaints from several lawyers about the Court and Judge Galbreath prompting the wider probe.
Peter H. Tilem, Senior Partner at the firm, has requested transcripts of numerous Court proceedings and has requested access to all traffic ticket cases adjudicated in the Court over the last year. As a former New York County Prosecutor, Mr. Tilem has extensive experience in conducting investigations. A similar investigation launched by the firm last year into practices at the North Hills Village Court led to the firm filing an action against Judge Sigmund Semon in the Supreme Court of Nassau County.

Posted by Tilem and Campbell, PC | Permalink | Email This Post | Comments (4)

Posted In: IN THE NEWS , TRAFFIC

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If you are charged with a “Traffic Infraction” such as speeding, passing a school bus, red light violation, etc, you should not plead guilty but instead should hire an attorney skilled in defending such charges. The lawyers at the New York Law Firm of Tilem & Campbell have experience in fighting thousands of tickets. The Website trafficticketexpess.com is also a great resource to find out more about your ticket and your right. Tickets issued in New York City (Bronx, Manhattan, Brooklyn, Queens and Staten Island), Rochester, Buffalo and parts of Brookhaven, Babylon, Islip, Huntington, Smithtown and Riverhead, in Suffolk County, your case will be handled by the New York State Department of Motor Vehicles Traffic Violations Bureau. If you received your ticket anywhere else in the State such as Westchester County, White Plains, New Rochelle, Mt. Vernon, Mamaroneck, Larchmont or other municipality, your ticket will be handled by the local criminal court. Below is a brief definition and explanation of a “Traffic Infraction”.

Traffic Infraction: A Traffic Infraction is any offense defined as a “traffic infraction” by VTL § 155. A “traffic infraction” is any violation of the VTL (except Articles 47 & 48) or of any ordinance, law, rule, regulation or order regulating traffic which are not misdemeanors or felonies. VTL § 155. Traffic infractions are not crimes and the punishment imposed for committing a traffic infractions shall not be deemed a penal or criminal punishment nor shall a conviction for a traffic infraction impair one’s credibility as a witness. Id.

A conviction for a New York traffic infraction can result in fines, the remote possibility of jail and fines imposed under the New York State Point System.

Where “traffic infractions” are handled in local criminal court, for purposes of procedure and otherwise, they shall be deemed misdemeanors and, with some limited exceptions, all provisions of law applicable to misdemeanors are applicable to “traffic violations” except no jury trials are permitted. Id. The Court of Appeals has stated that prosecutions for “traffic infractions” in local criminal court are generally governed by the rules of criminal law. People v. Phinney, 22 N.Y.2d 288, 292 N.Y.S.2d 632, 239 N.E.2d 515 (1968).

Despite this very clear language establishing that the procedures and law pertaining to misdemeanors shall apply to “traffic infractions”, one does not have any statutory speedy trial rights when charged with a “traffic infraction”. People v. Solomon, 124 Misc.2d 33, 475 N.Y.S.2d 749 (1984)

For the exact definition of “Traffic Infraction”, see NY VTL § 155.

What this means is that many legal “loop holes” exist that can be used to fight your traffic ticket. These loop holes can be used to get tickets dismissed but also used to obtain favorable plea bargains for drivers. The key is to have an experienced attorney, such as an experience New York Traffic Attorney from Tilem & Campbell who knows the procedures and can best fight your ticket.

Posted by John Campbell | Permalink | Email This Post | Comments (0)

Posted In: Legal Terms Defined , TRAFFIC

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