Restricted Use License in New York allow a suspended driver to go work, school, and the doctor. But is only applies to certain drivers. Learn more. Doctor
The overwhelming majority of traffic tickets, that drivers do not plead guilty to, are resolved through plea bargaining. Plea bargaining occurs with the prosecutor whereby the prosecutor makes an offer to the driver to plead guilty to a reduced charge.
This post lists the fines and consequences of convictions for the most common types of speeding tickets.
This charge is for talking on your phone while driving. This post lists the fines and consequences of a conviction that the ticket does not tell you.
Speeding in a school zone can be a sensitive issue for prosecutors and judges. Read this post to learn the fines and consequences of the school zone speeding ticket.
Your ticket for speeding in a construction zone does not state the fine or consequences of a conviction. This post does. Update: as of 2/16/2016 all speeding in a work zone tickets are 8 points.
As Americans, we all have increased expectations of privacy in our homes. Pursuant to the 4th Amendment, we are supposed to enjoy a life free from being subjected to unreasonable government searches and seizures. A search warrant is an instrument used under specific circumstances by law enforcement to pierce the protection of these expectations.
Driving distracted is dangerous and in recent years, New York State has taken notice and has made the vehicle and traffic law more strict. Basically, anything you can do with a smartphone is considered “using” and is prohibited. To be charged under the “use of portable electronic device” law, the police officer need only see you hold something that looks like a portable electronic device. Proof of actual use is not required. Learn more.
A New Jersey driver convicted of a moving violation in New York will acquire points on their New Jersey driving record.
The impact on a driving license from a DWI is two fold. 1) Prompt suspension at arraignment and 2) Suspension or Revocation if Convicted
How to restore your revoked links including links and resources from the DMV.
Deputy Sheriff Michael Quigley of the Onondaga County Sheriff’s Department has given more tickets than any other person in the county over the last the years. He gives about 10 to 20 per day in the Syracuse-area, giving 67 in one 14-hour period.
This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case.
I challenge the prosecution’s discovery practices and evidence in a DWI case early on, way before trial. I first try to bring any challenges to the DA because DA’s are busy; they have dozens of cases, and they rarely want to spend a lot of time and effort on a case...
Continue Reading...
Carriers operating a commercial vehicle on New York public highways are subject to a New York Highway Use Tax Law. This post covers how that law applies.
Protect your record, control expenses, eliminate fines. It is also convenient and relatively stress free. Learn more.
This post discusses the effect that a New York traffic ticket conviction will have a Delaware licensed driver.
The Fourth Amendment to the United States Constitution and the vast body of search and seizure law is important in criminal defense generally, and in drug cases in particular. As attorneys, we always pay close attention to the manner in which evidence against our clients was obtained.
The New York Drinking Driver Program (DDP) is part of New York State’s effort to reduce personal and property losses related to DWI offenses. The DDP is an educational program comprised of seven 2-3 hour weekly sessions for 16 hours total.
There are two reasons to participate in the Drinking Driver Program. First, participation is required by the court as a condition of a plea bargain in a DWI case. Second, participation in the program qualifies the participant for a conditional driving license during the post-conviction period of license suspension or revocation.
You must participate...
Dangerous Repeat Offenders and Increased Look Back Time Periods
A trend that I am seeing in the area of driver’s licenses is an increasing number of clients who have committed multiple alcohol-related offenses who are facing serious limitations to their ability to have an unrestricted driver’s license, even a lifetime denial of their driving privileges.
This is an area of the law that attorneys who represent clients charged with DWI related matters need to be fully educated so they can sufficiently inform their clients as to ramifications of their conviction. They can labeled...
The “DWI Law” in New York is contained in VTL §1192 titled “Operating a motor vehicle while under the influence of alcohol or drugs”. The law includes 6 separate offenses; here we will cover 3 of the most frequently charged sections. .
Continue Reading...