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HAPPY HOLIDAYS – DON’T DRINK AND DRIVE THIS HOLIDAY SEASON

Tilem & Campbell would like to wish our friends, clients, colleagues and loyal readers of this blog a very happy, healthy and successful holiday season and 2009. During this time of year it is important to remind everyone to be careful on the roads. As we celebrate with our families, friends and colleagues, certain things bear repeating: 1107010_new_year.jpg

Do not drink and drive. As discussed in our March 3, 2008 blog, even small amounts of alcohol can result in an arrest and charge for DWI or DWAI.

Refusing to take a breath test can result in the revocation of your driver’s license for one year whether or not you are convicted of DWI or DWAI. See our March 17, 2008 blog on refusal to submit to a chemical test in New York.

If you refuse to submit to a chemical test in New York, that fact may be used against you as evidence in your criminal case for DWI or DWAI. See the above March 17 blog.

Do not ignore traffic tickets or traffic fines. Doing so can result in your being charged with Driving with a suspended (or revoked) driver’s license in New York (Aggravated Unlicensed Operation) which is crime in New York State. Please see our May 16, 2008 Blog on Driving with a suspended or revoked license.

If you are issued traffic summons or traffic tickets in New York keep in mind that a conviction for most moving violations carry points on your license in addition to the fines. If you receive six points on your license you will be assessed a driver’s assessment fee from the New York State Department of Motor Vehicles. This fee will be $100 for six points for three years plus $25 per year for each point over six. In addition, if you receive eleven points your license will be suspended and three speeding convictions in 18 months can result in your license suspension. Do not simply pay tickets indiscriminately. Contact an experienced traffic court attorney. An experienced attorney can often negotiate a substantial reduction of points and/or challenge the tickets.

Do not mix prescription pills (or illicit drugs) and driving. See our November 9, 2008 blog.

With a little commons sense lets all have a safe and healthy holiday season.