Another compelling reason not to allow the issuing officer to also act as the prosecutor in a New York traffic violation case is supported by the Latin maxim “inclusio unius est exclusio alterius”. What this Latin Maxim means is that where a law expressly describes a situation where it applies,…
Many times at the New York Criminal Defense Firm of Tilem & Campbell we are contacted by individuals who have been charged with Aggravated Unlicensed Operator (VTL § 511) resulting from the suspension or revocation of their New York State driver’s license or the suspension or revocation of their privilege…
In a previous blog I explained that one doesn’t not have a statutory right to a speedy trial in a New York traffic violation case (such as speeding, red light, stop signs violations, etc). Does this mean that a New York court can take years to schedule your trial? The…
The simple fact is, a motorist charged with a New York traffic violation has no statutory right to a speedy trial. The denial of a statutory right to a speedy trial in a New York traffic violation case is yet another example of the New York Judiciary completely disregarding the…
As I explained in a previous blog, the practice of officers prosecuting the New York traffic tickets they issue was upheld by the New York Court of Appeals case; People v. Soddano. Soddano and it’s holding that officers may act as prosecutors for their tickets is flawed for several glaring…
The answer to this question is fairly simple; when it comes to New York traffic violations, the Courts of New York State have allowed deeply rooted judicial principles founded on fairness to be disregarded. As I said in a previous blog, far too many judges have no apparent concept of…
As if New York Traffic Fines (please see our 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…
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…
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…
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…