TRAFFIC Category Archives — Page 4 of 9 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

NEW YORK TEXTING WHILE DRIVING LAW GETS TOUGHER

July 13, 2011 | Jasmine Hernandez

New York Traffic Ticket lawyers are monitoring New York’s recently enacted Texting While Driving Law which was made tougher this week after a new law signed by governor Cuomo went into effect. The new law makes Texting While Driving a primary enforcement statute. This means that a police officer may stop a vehicle because the driver is observed violating this statute. In the past, a police officer could only stop a vehicle for a reason other than texting while driving and then issue the summons for Texting While Driving if there was probable cause to believe that the operator also committed an offense under New York Vehicle & Traffic Law (VTL) 1225-d. .

While New York VTL 1225-d is usually referred to as New York’s Texting While Driving Statute it punishes a broad range of conduct that does not involve texting or even using your cell phone. For example the statute is entitled “Use of Portable Electronic Devices” and defines portable electronic devices as any: hand-held mobile telephone (cell phones), PDA (personal digital assistant), handheld device with mobile data access (such as a IPAD, IPOD, or Tablet or GPS), laptop computer, broadband personal communication device, pager, two-way messaging device, electronic game, or portable computing device. This list seems like it would encompass pretty much any electronic device you can conceive of including devices that are commonly used in cars such as I-Pods and navigation devices.

In addition, if you simply are holding the device while viewing it that is considered viewing and there is a presumption built into the statute if you hold the device while driving in a “conspicuous manner” you are presumed to be “using” the device. This all means that simply holding any electronic device in your hand while driving can cause you to receive a three point ticket punishable by a fine of up to $150 plus a surcharge of a minimum of $80 for a total of $230. Plus there of course exists the possibility of insurance surcharges or increases and if you accumulate 6 points, additional fees under the Driver Responsibility Assessment.

SPEEDING TICKET ATTORNEY FOR BEDFORD NEW YORK ONLY $195.00*

May 19, 2011 | Tilem & Associates

Did you receive a ticket for a traffic infraction such as speeding, red light or tailgating that is returnable to the Bedford Town Court? The attorneys at Tilem & Campbell can represent you in court for a flat, one-time fee of $195. Our lawyers are experienced in all aspects of traffic ticket defense and in most cases you will not have to appear in the Bedford Court with us. While past results don’t guarantee a particular outcome in your case, we have about a 95% success rate at getting traffic infractions returnable in the Bedford Court reduced or dismissed. Sometimes the court does require the driver’s attendance if the speeding ticket alleges a high speed (typically 90 mph or over). We sometimes see speeding tickets alleging high speeds on I684.

YOU MUST MENTION THE “SUMMER SPECIAL” THE FIRST TIME YOU CONTACT US TO RECEIVE THIS SPECIAL $195.00 FEE.

*Our $195.00 flat fee “SUMMER SPECIAL” expires August 31, 2011. The Summer Special fee only covers all traffic infractions except leaving the scene of an incident and DWAI. If you were issued multiple tickets at the same time, returnable to the same court on the same date and time, our fee for each additional ticket is $25. Therefore, if you received five tickets during the same stop, our fee to represent you would be $295.00. Criminal charges are not covered by the Summer Special fee. The fee must be paid and received by Tilem & Associates before midnight on August 31, 2011. Should you wish to retain Tilem & Campbell to represent you on a traffic infraction, we will provide you with a written engagement letter which will set forth the terms of our agreement. That retainer agreement will control our agreement.

Bronxville Speeding Ticket Attorney for Just $195.00

May 18, 2011 | Tilem & Associates

If you received a speeding ticket in the Village of Bronxville, the lawyers at Tilem & Campbell are offering a Summer Special fee of just $195.00 to represent you. Our attorneys are experienced in all traffic related matters (speeding, red light, stop-sign, school bus, etc) and have handled thousands of traffic infraction cases throughout the State of New York. Most times you will not have to appear in court with us.

While our past performance does not guarantee a favorable outcome in your case nor can we guarantee a result, we have successfully obtained reductions or dismissals in approximately 98% of the Westchester County traffic infraction cases we have been retained on. Some of the factors that affect the outcome of your case are (1) the seriousness of the charge (don’t expect a great deal if you were doing 95 mph on the Bronx River Parkway); (2) the officer who issued the ticket; (3) the judge; (4) your driving record; and (5) your attitude with the cop when pulled over. Having a “you don’t know who I know” attitude with the Officer certainly can make plea negotiations more difficult.
Our $195.00 Summer Special ends August 31, 2011 and applies to all New York traffic infractions except leaving the scene of an incident and Driving While Ability Impaired [VTL 1192(1)]. You MUST read the Terms for all details and you MUST mention this “Summer Special” Promotion in your FIRST contact with us to receive this special $195.00 price. For more information you can contact us toll free at 1-877-377-8666 or visit us on the web at www.DrSummons.com.

BRONX PROSECUTOR ARRESTED FOR DWI HAD TWO PRIOR DRIVING INCIDENTS

May 6, 2011 | Jasmine Hernandez

Bronx ADA Jennifer Troiano who was arrested in August for DWI apparently had two prior driving incidents, one of them involving DWI according to an article published in the Daily News this week. The first incident in 2005 led to the suspension of NYPD Detective Jose Arroyo who was allegedly asleep in the passenger seat when Troiano was involved in some kind of accident and left a bumper and license plate at the scene. In 2009, Troiano was allegedly arrested for DWI but the arrested was voided because she was a prosecutor according to the Daily News Article.

Jose Arroyo was later convicted of Rape and is currently serving a 15 year prison sentence according to the Daily News Article.

The arrest of Troiano and the uncovering of the voided arrest from 2009 has uncovered a large ticket fixing scandal involving Bronx Police Officers. More than 40 police officers are expected to be indicted by a Bronx County Grand Jury according to the Daily News. This could affect hundreds of cases in which indicted police officers made arrests.

LEAVING THE SCENE OF AN ACCIDENT – WHAT MUST YOU REPORT?

April 9, 2011 | Jasmine Hernandez

New York VTL §600 requires that anyone operating a vehicle who is involved in an incident involving that vehicle that knows or has reason to know that damage was caused to property or injury was caused to a person to stop and exhibit their information at the scene of the incident. The question is exactly what do you exhibit? What must you show and What information must be exchanged in order to avoid being charged with Leaving the Scene of an Incident in New York.

New York Vehicle and Traffic Law §600 clearly defines which information must be exchanged, as follows:

1. Name,

NEW YORK LEAVING THE SCENE OF AN ACCIDENT

April 5, 2011 | Jasmine Hernandez

New York criminal law firm Tilem & Campbell has just added a new Leaving the Scene of an Accident page to its already extensive website.

Leaving the Scene on an Incident (as its called in New York Vehicle & Traffic Law §600) cases in New York can be among the most serious cases faces drivers since Leaving the Scene of an Accident involving Serious Physical Injury or Death can result in felony charges. This is true even if the accident or incident was not the operator’s fault. If the incident involves a death the operator faces a 7 year prison sentence upon conviction for a class “D” felony and if the incident involves serious physical injury but not death the driver faces up to four years in prison upon conviction for a class “E” felony.

Even Leaving the Scene involving a minor injury can result in a misdemeanor criminal charge and a jail sentence of up to a year and leaving the scene involving property damage can result in a conviction for a traffic infraction and three points on your license.

IT IS CONSTITUTIONALLY PERMISSIBLE FOR NEW YORK STATE TO TRANSFER THE ADJUDICATION OF TRAFFIC INFRACTIONS TO AN ADMINISTRATIVE AGENCY WHICH UTILIZES THE “CLEAR AND CONVINCING EVIDENCE” STANDARD OF PROOF INSTEAD OF THE HIGHER “BEYOND A REASONABLE DOU

March 31, 2011 | Tilem & Associates

In New York State, prior to 1969, all traffic tickets were handled in the criminal court for the particular jurisdiction where the traffic infraction (speeding, stop sign, red light, etc) allegedly occurred. In 1969, the New York State Legislature enacted Article 2-A of the Vehicle and Traffic Law, which authorized the administrative adjudication of traffic infractions in cities with populations in excess of one million people. In 1972, the population requirement was lowered to 275,000. The population requirement is currently 200,000. In other words, cities in the State of New York with a population of more than 200,000 can “opt” into the Department of Motor Vehicle’s Traffic Violation Bureau (TVB) system thus adjudicating traffic infractions administratively instead of in their respective criminal courts.

Currently New York City, Rochester, Buffalo and certain parts of Suffolk County utilize the TVB administrative system. Therefore, if you are issued a ticket in those jurisdictions, your case will be handled by the TVB and determined by an administrative law judge.

Just like in criminal court, the burden of proof in a TVB hearing is upon the People (the prosecution). However, the burden proof is lower in a TVB proceeding than in criminal court. Indeed, the burden of proof for one to be convicted at a TVB hearing is “clear and convincing evidence.” VTL 227(1). However, the burden of proof for one to be convicted of the very same traffic infraction in a criminal court is “beyond a reasonable doubt.”

ONLY THE PROSECUTOR CAN PLEA BARGAIN TRAFFIC VIOLATIONS. JUDGES THAT TRY TO INFLUENCE OTHER JUDGES ON TRAFFIC TICKETS OR REDUCE TRAFFIC TICKETS WITHOUT THE CONSENT OF THE PROSECUTOR CAN BE REMOVED FROM THEIR POSITION AS A JUDGE. [Matter of Reedy, 64 N.Y

March 23, 2011 | Tilem & Associates

In New York, unless your traffic ticket is returnable to the Traffic Violations Bureau, you will most likely be offered a chance for you or your traffic court attorney to conference your ticket with the prosecutor. At this conference the prosecutor usually offers to reduce the charge to something with less points in return for you agreeing to waive your right to trial. Most times the prosecutor on a traffic ticket is the officer who issued the ticket or another officer from the same police agency. However, the New York State Police have an internal policy forbidding state troopers from plea bargaining tickets they issue. Therefore, many towns, villages and cities have hired “special” prosecutors to prosecute tickets issued by state troopers. These “special” prosecutors are not bound by the New York State Police “no plea” policy.

One individual who is absolutely not allowed to unilaterally reduce a traffic infraction or enter into plea negotiations with the defendant is the judge. A judge is not allowed to plea bargain even if you are charged with a criminal offense. In Matter of Reedy, the son of Justice James H. Reedy received a speeding ticket returnable to J. Reedy’s court. Following correct protocol, J. Reedy recused himself from the case and asked a judge in a neighboring jurisdiction to accept the transfer of the case. At that point J. Reedy should have taken no further action. He should have taken the steps necessary to transfer his son’s speeding ticket case to a neighboring jurisdiction and let that jurisdiction proceed as they would with any other speeding ticket.

However, J. Reedy contacted the other judge, told him that his son was represented by an attorney and that an Assistant District Attorney had offered to reduce the speeding charge to VTL 1202(a)(1) which is a no point parking type violation. The other judge agreed to the plea bargain offer and indicated the fine would be $25.00.

TILEM & CAMPBELL PARTNER QUOTED IN TODAY’S NEW YORK TIMES

March 16, 2011 | Tilem & Associates

Tilem & Campbell senior partner Peter H. Tilem was quoted in today’s New York Times in the article about the Federal Investigation into the tragic bus crash that killed 15 people over the weekend. There has been much speculation about whether or not the driver will be charged with a crime in connection to the deadly accident and the Times sought advice from two former prosecutors who have been involved in these types of cases.

The issue will boil down to whether the bus driver’s conduct leading up to the fatal crash rose to the level of criminal negligence or recklessness according to Mr. Tilem who reportedly told the Times that just falling asleep at the wheel without more usually wouldn’t rise to the level of either criminal negligence or recklessness. Mr. Tilem also told the times that it is usually a combination of factors such as weaving, speeding and driving after a long period without rest that could combine to make it possible for prosecutors to charge the driver.

To rise to the level of Recklessness, a person must be aware of and consciously disregard an unjustifiable and substantial risk. To rise to the level of Criminal Negligence a person must fail to perceive an unjustifiable and substantial risk. In both cases the risk must be so grave that the failure to perceive it or the conscious disregard of the risk constitutes a gross deviation from the standard of care that a reasonably prudent person would observe in a given circumstance.

DRIVER CHARGED WITH SPEEDING IN NEW YORK CITY NOT ENTITLED TO DISCOVERY OF DOCUMENTS PERTAINING TO THE OPERATING PROCEDURES AND TESTING OF THE RADAR UNIT USED TO MEASURE DRIVER’S SPEED

February 22, 2011 | Tilem & Associates

If you are issued a speeding ticket in New York City, your case is not handled in a criminal court (as it would be if were issued a speeding ticket in Westchester County). Instead, your case will be heard by the Traffic Violations Bureau of the Department of Motor Vehicles (TVB). Cases heard by TVB are not criminal but instead are considered administrative proceedings. An experienced traffic court attorney can explain the difference between a speeding ticket issued in New York City and one issued in a city such as Yonkers or White Plains in Westchester County.

Often, people we represent who are charged with speeding in New York City ask if we can obtain information about the particular radar or laser unit the police used to measure their speed. For examples, the operating procedures and testing history.

The answer is generally no. The CPLR, including its discovery provisions, is not applicable in cases heard by the Traffic Violations Bureau. 15 NYCRR § 123.1. In Miller v. Schwartz, 72 N.Y.2d 869 (1988) the New York Court of Appeals upheld the constitutional validity of this rule and held that there is no constitutional right to discovery in administrative proceedings. (Note: The TVB is not a criminal court; it is an administrative tribunal).