TRAFFIC Category Archives — Page 5 of 8 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

NEW YORK RECKLESS DRIVING TICKETS ON THE INCREASE

March 26, 2010 | Jasmine Hernandez

New York criminal defense law firm Tilem & Campbell has noticed an increase in the number of client’s charged in New York City with Reckless Driving under Vehicle & Traffic Law 1212. Reckless Driving is a serious offense in that unlike most traffic offenses, it is a misdemeanor, punishable by up to 30 days in jail. In addition, the New York Department of Motor Vehicles will assess 5 points on your driver’s license and conviction can leave you with a permanent criminal record in New York.

It seems that these tickets are being given out for almost any conduct and judges seem reluctant to dismiss them. We are often seeing these tickets given in connection with a motorist that “squeals” their tires.

Tickets in New York City for Reckless Driving are returnable in the Criminal Court and not the DMV Courts that adjudicate traffic violations in the City of New York. While these tickets are extremely serious and not to be taken lightly, the lawyers at this firm have had overwhelming success getting these tickets reduced to non-point violations with small fines.

RAMAPO TOWN COURT IN THE SPOTLIGHT

January 16, 2010 | Jasmine Hernandez

The Town of Ramapo located in Rockland County New York is Rockland County’s largest geographically and most populous town. The Town covers more than 61 square miles and contains 12 villages most with Village Courts of their own. With a very diverse population, the Town Court in Ramapo is both busy and efficient. With major roads traversing through the town and low density of serious crimes, it would be fair to say that speeding violations are the bread and butter of the Ramapo Court, followed by other traffic violations such as tailgating, turn signal violations and stop signs.

Traffic misdemeanors (and felonies) such as DWI and Aggravated Unlicensed Operation (AUO) top the criminal calendar. Many of the traffic violations and traffic misdemeanors take place along such major roads as I-287, I-87, Rt 59 and the Palisades Parkway.

The Town had three Justices. Judges Arnold Etelson, Rhoda Schoenberger and Samuel Coleman. Judge Coleman recently retired, leaving the Town one judge short and the Court extremely busy. Expect crowded calendars and long lines on Court days. Experienced attorneys can often get you out quickly but without an attorney, expect to wait.

NEW YORK TRAFFIC VIOLATIONS: CAN AN OFFICER ISSUE A TICKET FOR A TRAFFIC VIOLATION HE OF SHE DID NOT WITNESS? – PART 2

January 5, 2010 | Tilem & Associates

I previously discussed the New York Court of Appeals decision in People v. Boback, 23 N.Y.2d 189, 295 N.Y.S.2d 912 (1968) which held that an officer can issue a traffic ticket for a non criminal offense he or she did not witness. But the discussion does not end there. Unfortunately, many police officers, prosecutors and judges believe that Boback allows officers to issue tickets for non-criminal traffic offenses the officer did not personally witness that are as jurisdictionally sound as a ticket issued by an officer who actually witnessed the offense. This is simply not the holding of Boback.

The Boback decision noted that where an officer issues a ticket for a non-criminal traffic infraction that the officer did not witness, the ticket itself is insufficient to procure the defendant’s appearance before the court. The Boback decision noted that should the defendant/motorist choose to ignore the summons and not appear on the return date of the summons, the court must take testimony or have before it affidavits which would establish probable cause before issuing an arrest warrant. One could argue therefore, that if they were issued a ticket for a traffic infraction not witnessed by the officer, they need not appear in court and that court may not suspend their license or take any other action against them until that court is presented with testimony or affidavits establishing probable cause.

For example, in People v. Genovese, 156 Misc.2d 569, 593 N.Y.S.2d 925 (Jus. Ct. Town of Mendon 1992), the Court held that it was improper for an officer to arrive at the scene of an accident he or she did not witness, decide who was at fault and issue a summons charging a non-criminal traffic violation. The Court held that an action charging a non-criminal traffic infraction could not be commenced by the filing of a simplified traffic information where the officer did not witness the offense.

NEW YORK TRAFFIC VIOLATIONS: CAN AN OFFICER ISSUE A TICKET FOR A TRAFFIC VIOLATION HE OF SHE DID NOT WITNESS?

January 2, 2010 | Tilem & Associates

Generally, an officer may arrest a person when that officer has reasonable cause to believe that person committed a crime, whether in the officer’s presence or not. However, for an officer to arrest a person for a non-criminal offense, the offense must be committed in the officer’s presence. There are a limited number of exceptions to this law. (See CPL § 140.10).

This issue frequently arises when an officer arrives on the scene of an accident; interviews witnesses and determines that, for example, a motorist was speeding, traveling to closely, or changed lanes unsafely and issues a ticket accordingly. However, since speeding, traveling to closely or changing lanes unsafely are all non-criminal offenses (they are traffic infractions), can the officer issue a ticket even though the offenses were not committed in his presence?

I must say, I was surprised to learn that the answer is yes. First, the law says that an officer may not arrest for a non-criminal offense not committed in his presence. It says nothing about the issuance of a ticket. (See CPL § 140.10). Second, in People v. Boback, 23 N.Y.2d 189, 295 N.Y.S.2d 912 (1968), the Court of Appeals held that a traffic ticket may be based upon “information and belief”. That means that an officer need not have personal knowledge of the traffic infraction – he or she need not actually witness the traffic infraction.

TILEM & CAMPBELL TO LAUNCH DOCTOR SUMMONS HOLIDAY AD CAMPAIGN

December 17, 2009 | Jasmine Hernandez

New York criminal defense law firm Tilem & Campbell will launch a holiday season ad campaign directed toward those caught Driving While Intoxicated or violating other New York traffic laws. The campaign will advertise the Doctor Summons trade name which will ask potential clients to contact Tilem & Campbell through its 877-DR-SUMMONS toll free number and through its DRSUMMONS.COM website. The ad campaign coincides with the holiday season, during which the firm sees an increase in DWI, Aggravated Unlicensed Operation of a Vehicle, Speeding and other moving violations.

The ad campaign is designed to let motorists know that they can fight these types of charges and that in many cases they can fight traffic violations without the necessity of going to Court.

The Dr Summons name has been used by law firm Tilem & Campbell, for several years to give motorists an easy to remember toll free number and website in case they find themselves charged with a traffic violation or DWI. Tilem & Campbell has successfully handled thousands of traffic violation in New York State.

NEW YORK ELECTRONIC TICKETS RULED ILLEGAL BY ONEONTA COURT

November 28, 2009 | Jasmine Hernandez

Those drivers who receive the new E-Tickets that police officers and New York State Troopers conveniently print from their police cars should take note that one judge is Oneonta has ruled that the tickets are not legal and recently dismissed an Aggravated DWI case as a result. Ruling in the case of People v. Nathaniel White, City Court Judge Lucy Bernier ruled that the actions of the police officers in entering the data into the computer are indistinguishable from mere word processing and therefore the tickets are not affirmed or sworn under penalty of perjury as required by law.

The White ruling conflicts with a 2005 ruling by a City Court judge in Rochester that described the process of filling out the electronic ticket troubling but found that the tickets were ultimately legal. In the Rochester case, the City Court Judge found that the supporting deposition which was signed rescued the defective traffic ticket. The White ruling however, is both lengthy and well reasoned and will likely be appealed. In the interim, New York Traffic Court lawyers and New York DUI attorneys will continue to fight this issue.

If you or any family member has been charged in New York with any DWI, Speeding ticket or other traffic infraction or traffic misdemeanor investigate your rights. Contact one our experienced attorneys for a free over-the-phone consultation.

NEW YORK TEXTING WHILE DRIVING LAW GOES INTO EFFECT TOMORROW NOVEMBER 1, 2009

October 31, 2009 | Jasmine Hernandez

Starting November 1, 2009, New York drivers will have another good reason not to text while driving, it will become illegal, a traffic infraction under New York Law. New York’s new texting while driving law is going into effect Sunday and there is little doubt that police and other law enforcement officers will be looking for those who are texting while driving. The new law is subject to secondary enforcement which simply means that a motorist must commit and be stopped for another offense such as speeding, passing a red light, turn signal violation or a similar moving violation before they can be ticketed for texting while driving.

The New York texting while driving law carries no points but a fine of up to $150 can be imposed on first time violators. A recent study found that a driver who was texting while driving was 23 times more likely to be involved in accident than a driver who is not texting. While the law seems like a good idea, as I discussed on my recent television appearance on “Bronx Legal”, the law seems like it is hard to enforce and hard to prove. Police cannot seize your phone and search it for recent texts without a search warrant. In addition, existing laws permit one to dial a telephone as long as a hands free device is attached. It seems that unless the motorist admits that he is texting, it would be very difficult to prove that a motorist is texting as opposed to dialing.

Anyone who receives a ticket under New York’s new texting while driving law or for any other New York traffic violation should seek the advice of an experienced traffic court attorney.

NEW YORK DEFENSE ATTORNEY PETER TILEM WILL APPEAR ON BRONX LEGAL TONIGHT

October 20, 2009 | Tilem & Associates

New York defense lawyer Peter H. Tilem will appear on a television show called Bronx Legal tonight at 6:30 pm. The topic of the show tonight is New York’s new Texting While Driving law and other common New York traffic violations. Although the television show will only air in the Bronx, it will be available in several days on the internet both at Bronxnet.org and at the Tilem & Campbell media page.

Peter Tilem is the senior partner at the White Plains based law firm, Tilem & Campbell. The firm handles a wide variety of criminal defense matters throughout the New York metropolitan area and handles traffic violations throughout New York State. Tilem & Campbell operate the website site DRSUMMONS.COM.

THE TRUE COST OF NEW YORK TRAFFIC TICKETS

October 10, 2009 | Peter Howard Tilem

Many articles have been written about the numerous costs of paying traffic tickets. While New York traffic fines are high and surcharges that are imposed by the Courts have recently been increased, there are many hidden costs that New York Driver’s need to be aware when deciding whether or not to fight their New York Traffic Ticket.

One such surprise is the New York Driver Responsibility Assessment covered in a past blog. In a nutshell, the New York Driver Responsibility Assessment imposes a fee, billed by the New York State DMV of $300 when you get 6 points on your license and $75 per point over 6. The fee is payable over three years.

Another hidden cost comes from your insurance company. According to an article published on the National Motorist Association website, one traffic violation can raise your insurance 20% per year for a period of three years. According to the article even if your insurance costs a modest $800 that works out to $480 over three years. The article further explains that a second offense in 3 years can result in a 40% increase which can cost you $1200 more just in insurance.

NEW YORK TRAFFIC TICKETS GET HARDER TO FIGHT

June 14, 2009 | Jasmine Hernandez

A recent change in New York Vehicle & Traffic Law sec. 1806 will make it much harder to fight traffic tickets in New York State. Prior to New York April 7, 2009, New York law made it clear that in most cases a person should only have to appear one time to fight a routine traffic infraction such as speeding, unsafe lane change or failure to signal. The Vehicle & Traffic Law made it clear that upon receipt of a “not guilty” plea from a motorist the Court was required to schedule the matter for a trial. On the trial date the motorist could plea bargain or proceed to trial. Judges who violated this rule faced sanctions from the Commission on Judicial Conduct. The Commission found that judges that set cases down for a “pre-trial” conference rather than trial were putting an unnecessary burden on motorists who would then feel coerced to plead guilty rather than appear in Court multiple times for a rather routine matter.

Well, the New York State Legislature and Governor decided that coercion was the best way to resolve New York traffic tickets and have now amended the Vehicle & Traffic Law to require Courts to send motorists an “appearance” date rather than a “trial” date. This law seems to require motorists to appear a minimum of two times to fight their traffic tickets.

Since New York State Troopers are not permitted to plea bargain their tickets and many localities do not have prosecutors to handle those tickets, we have to wonder both what the purpose is of holding such a Court appearance? and what would happen at that appearance?