1. A license, other than a class DJ or class MJ license, shall be suspended, for a period of sixty days, (i) upon the first conviction of the licensee of a violation, committed during the probationary period provided for in subdivision four of section five hundred one of this title, of any provision of section eleven hundred twenty-nine of this chapter, section eleven hundred eighty of this chapter or any ordinance or regulation limiting the speed of motor vehicles and motorcycles, section eleven hundred eighty-two of this chapter, or subdivision one of section eleven hundred ninety-two of...
New York Vehicle and Traffic Law
§ 105. Business district
The territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings, which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
§ 129. Park or parking
Means the standing of a vehicle, whether occupied or not, otherwise than temporarily for...
This article describes the restricted use license and gives the forms and links to apply for the license.
Having a Hearing Can be Valuable Even When Lost
I have had clients, and some attorneys, who ask me, “Should I go forward with a refusal hearing?”—and despite the fact that they are unlikely to win, I tell them that I believe that they should in most cases. Participating in a refusal hearing is an excellent way to get free discovery and to cross-examine the police officer about the underlying conduct in the case—both in terms of how your client was interacting with the officer and the officer’s observations of your client.
As a result, I tell my clients...
On July 1, 2015, the Buffalo Traffic Violations Bureau ceased handling traffic cases for the traffic tickets issued in the City of Buffalo. Instead, the tickets will be handled by the newly formed Buffalo Traffic Violations Agency located in Buffalo City Hall.
This is very good news for drivers with traffic tickets in the City of Buffalo.
The Difference Between a Roadside DWI Test Refusal and Police Station DWI Test Refusal
The chemical/breath test that is commonly called the Breathalyzer test is typically performed at a police station. It should be noted that there are two levels of refusal with respect to chemical testing in New York. The first is refusal on the side of the road, which means refusing to take what is commonly called the screening test; the results of this test are inadmissible at court in any case.
David Bruffett appeared on the Channel 9 News program today to discuss distracted driving and the penalties for cell phone and texting tickets.
Contintue to watch the video.
Despite the immense pressures that are being exerted in this area—i.e., peer pressures, societal pressures, Mothers Against Drunk Driving (MADD) advertising campaigns—there does not appear to be a slowdown in the number of DWI cases. I am one of two judges in the third busiest justice court in our county, and we have found that since 2012 there have been on average at least five brand new DWI cases on every single court date. I arraign at least twenty new DWI cases a month, as does my fellow judge, year round—again, despite all of the information that is available about the...
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“Unlawfully” means in violation of article thirty-three of the public health law known as the "New York State Controlled Substances Act." NY Penal Law §220.00(1).
“Controlled substance” means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law