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

NEW YORK DRIVING WITH A SUSPENDED OR REVOKED LICENSE – New York VTL 511

May 16, 2008 | Jasmine Hernandez

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.

New York Drivers; Don’t Flee From the Police

May 12, 2008 | Jasmine Hernandez

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.

TILEM & CAMPBELL LAUNCHES INVESTIGATION INTO CAYUGA HEIGHTS VILLAGE COURT

April 7, 2008 | Tilem & Associates

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.

NEW YORK TRAFFIC INFRACTION WHAT THEY ARE AND WHY THEY’RE BAD

March 22, 2008 | Tilem & Associates

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 points imposed under the New York State Point System.