The Ultimate Guide to Avoiding License Suspension: Expert Advice from a New York Traffic Ticket Lawyer

The Ultimate Guide to Avoiding License Suspension: Expert Advice from a New York Traffic Ticket Lawyer

A driver's license is an essential document that allows individuals to legally operate a motor vehicle on public roads. In New York, having a driver's license is not only a privilege but also a responsibility. It signifies that the individual has met the necessary requirements and has demonstrated the knowledge and skills needed to drive safely.

The consequences of license suspension can be severe and can have a significant impact on an individual's life. License suspension can result in the loss of employment, difficulty in obtaining insurance, and limitations on personal freedom. It is crucial for drivers in New York to understand the importance of maintaining a clean driving record and taking steps to prevent license suspension.

Common Reasons for License Suspension in New York

There are several common reasons for license suspension in New York. One of the most common reasons is accumulating too many points on your driving record. In New York, drivers receive points for various traffic violations, such as speeding, reckless driving, and running red lights. If you accumulate 11 or more points within an 18-month period, your license may be suspended.

Another common reason for license suspension is driving under the influence of alcohol or drugs. If you are convicted of driving while intoxicated (DWI) or driving under the influence (DUI), your license will be suspended. The length of the suspension will depend on the severity of the offense and whether it is your first or subsequent offense.

Other reasons for license suspension in New York include failure to pay fines or surcharges, failure to appear in court, and failure to pay child support. It is important to be aware of these common reasons for license suspension and take steps to avoid them.

How to Check Your Driving Record in New York

Checking your driving record is essential to ensure that it is accurate and up-to-date. It allows you to identify any errors or discrepancies that may affect your driving privileges. In New York, you can obtain a copy of your driving record from the New York State Department of Motor Vehicles (DMV).

To obtain a copy of your driving record, you can visit the DMV website and request it online. You will need to provide your driver's license number, date of birth, and the last four digits of your Social Security number. There may be a fee associated with obtaining a copy of your driving record.

It is important to check your driving record regularly, especially after receiving a traffic ticket or being involved in an accident. By doing so, you can ensure that any points or violations are accurately recorded and take appropriate action if necessary.

Steps to Take When You Receive a Traffic Ticket

Receiving a traffic ticket can be frustrating and stressful, but it is important to take the necessary steps to address it promptly. When you receive a traffic ticket in New York, you have several options for how to respond.

The first step is to read the ticket carefully and understand the charges against you. It will indicate the violation(s) you are being charged with, the date and time of the offense, and the court where you need to appear.

Once you have read the ticket, you have three options: plead guilty and pay the fine, plead not guilty and contest the ticket, or plead guilty with an explanation. If you choose to plead guilty and pay the fine, you can do so online, by mail, or in person at the court indicated on the ticket.

If you choose to plead not guilty and contest the ticket, you will need to appear in court on the date specified on the ticket. It is important to note that contesting a traffic ticket can be time-consuming and may require legal representation.

If you choose to plead guilty with an explanation, you can submit a written explanation along with your payment. This option allows you to provide additional information or circumstances that may have contributed to the violation.

Fighting a Traffic Ticket in New York: Dos and Don'ts

Fighting a traffic ticket in New York can be challenging, but with the right approach, it is possible to have the charges reduced or dismissed. Here are some dos and don'ts to keep in mind when contesting a traffic ticket:

Dos:
1. Gather evidence: Collect any evidence that supports your case, such as photographs, witness statements, or documentation.
2. Consult with a traffic ticket lawyer: Seek legal advice from an experienced traffic ticket lawyer who can guide you through the process and represent you in court.
3. Be prepared: Familiarize yourself with the traffic laws relevant to your case and be prepared to present your defense in court.
4. Dress appropriately: Dress professionally when appearing in court to show respect for the legal process.
5. Be respectful: Maintain a respectful and courteous demeanor when interacting with law enforcement officers, court personnel, and the judge.

Don'ts:
1. Admit guilt: Avoid admitting guilt or making any incriminating statements to law enforcement officers or court personnel.
2. Argue with the officer: Refrain from arguing with the issuing officer at the scene of the violation as it may escalate the situation and potentially lead to additional charges.
3. Miss court appearances: Always appear in court on the specified date and time. Failure to do so may result in additional penalties or a default judgment against you.
4. Rely solely on verbal arguments: While presenting your case verbally is important, it is also crucial to have supporting evidence to strengthen your defense.
5. Ignore legal advice: If you have sought legal representation, it is important to follow the advice of your lawyer and not make decisions without consulting them.

Pleading Guilty vs. Contesting a Traffic Ticket

When faced with a traffic ticket, drivers in New York have the option to plead guilty or contest the ticket. Each option has its pros and cons, and it is important to carefully consider the implications before making a decision.

Pleading guilty to a traffic ticket means accepting responsibility for the violation and paying the fine associated with it. This option is often the quickest and easiest way to resolve a traffic ticket, as it avoids the need for a court appearance. However, pleading guilty will result in points being added to your driving record, which can lead to increased insurance premiums and potential license suspension if you accumulate too many points.

Contesting a traffic ticket involves pleading not guilty and appearing in court to present your case. This option allows you to challenge the charges against you and potentially have them reduced or dismissed. Contesting a traffic ticket can be time-consuming and may require legal representation, but it can be worth it if it helps you avoid points on your driving record and the associated consequences.

Ultimately, the decision to plead guilty or contest a traffic ticket depends on the specific circumstances of your case and your personal preferences. It is advisable to consult with a traffic ticket lawyer who can provide expert advice and guide you through the process.

Hiring a Traffic Ticket Lawyer in New York: What to Look for

If you decide to contest a traffic ticket in New York, hiring a traffic ticket lawyer can greatly increase your chances of success. A skilled lawyer will have knowledge of the relevant laws and procedures, as well as experience in negotiating with prosecutors and presenting effective defenses in court.

When choosing a traffic ticket lawyer in New York, there are several factors to consider:

1. Experience: Look for a lawyer who has experience handling traffic ticket cases in New York. They should be familiar with the local courts, judges, and prosecutors.

2. Reputation: Research the lawyer's reputation by reading reviews, testimonials, and case results. A reputable lawyer will have a track record of success in handling traffic ticket cases.

3. Specialization: Choose a lawyer who specializes in traffic ticket defense. They will have a deep understanding of the laws and regulations specific to traffic violations.

4. Communication: Ensure that the lawyer is responsive and communicates effectively. They should be able to explain the legal process to you in a clear and understandable manner.

5. Cost: Discuss the lawyer's fees upfront and make sure they are transparent about their billing structure. Consider the value of their services in relation to the potential consequences of a license suspension.

By considering these factors, you can find a traffic ticket lawyer who is best suited to handle your case and protect your driving privileges.

How a Lawyer Can Help You Avoid License Suspension

A traffic ticket lawyer can play a crucial role in helping you avoid license suspension in New York. They have the knowledge and experience to navigate the legal system and develop effective strategies to protect your driving privileges.

One way a lawyer can help you avoid license suspension is by negotiating with prosecutors to have the charges reduced or dismissed. They can review the evidence against you, identify any weaknesses in the case, and present compelling arguments on your behalf. By successfully challenging the charges, they can prevent points from being added to your driving record, which could lead to license suspension.

A lawyer can also help you explore alternative options, such as attending defensive driving courses or probationary programs, which may allow you to keep your license while addressing the underlying issues that led to the traffic violation.

Furthermore, a traffic ticket lawyer can guide you through the appeals process if your license has already been suspended. They can help you gather evidence, prepare legal arguments, and represent you in court to seek reinstatement of your driving privileges.

Overall, hiring a traffic ticket lawyer can significantly increase your chances of avoiding license suspension and protecting your driving privileges.

Appealing a License Suspension in New York

If your driver's license has been suspended in New York, you have the right to appeal the suspension. The appeals process allows you to challenge the decision and present evidence or arguments to support your case.

To appeal a license suspension, you must file a written appeal with the appropriate court within a specified timeframe. It is important to seek legal representation when appealing a license suspension, as the process can be complex and requires a thorough understanding of the law.

A traffic ticket lawyer can help you gather the necessary evidence, prepare legal arguments, and represent you in court during the appeals process. They can review the circumstances surrounding your license suspension and identify any errors or violations of your rights that may have occurred.

It is crucial to act quickly when appealing a license suspension, as there are strict deadlines that must be met. Seeking legal representation as soon as possible will ensure that your rights are protected and that you have the best chance of having your license reinstated.

Preventing Future License Suspensions: Safe Driving Tips and Strategies

Preventing future license suspensions requires adopting safe driving habits and strategies. By following these tips, you can reduce the risk of traffic violations and maintain a clean driving record:

1. Observe traffic laws: Follow all traffic laws, including speed limits, traffic signals, and right-of-way rules. Be aware of any changes in traffic laws and regulations.

2. Avoid distractions: Avoid using your phone or engaging in other distracting activities while driving. Keep your focus on the road at all times.

3. Drive defensively: Anticipate potential hazards and be prepared to react accordingly. Maintain a safe following distance and be aware of other drivers' actions.

4. Stay informed: Keep up-to-date with changes in traffic laws, regulations, and road conditions. Be aware of any construction zones or areas with increased police presence.

5. Maintain your vehicle: Regularly inspect and maintain your vehicle to ensure it is in good working condition. This includes checking tire pressure, brakes, lights, and fluid levels.

6. Attend defensive driving courses: Consider attending defensive driving courses to improve your driving skills and potentially reduce points on your driving record.

By adopting these safe driving tips and strategies, you can minimize the risk of traffic violations and maintain a clean driving record.

Taking Control of Your Driving Record with Expert Advice

Maintaining a clean driving record and avoiding license suspension is crucial for drivers in New York. By understanding the importance of a driver's license, checking your driving record regularly, and taking appropriate steps when faced with a traffic ticket, you can take control of your driving record and protect your driving privileges.

Seeking expert advice from a traffic ticket lawyer can greatly increase your chances of success when contesting a traffic ticket or appealing a license suspension. A skilled lawyer can guide you through the legal process, develop effective strategies, and represent you in court to protect your rights and driving privileges.

By following safe driving tips and strategies, you can prevent future license suspensions and become a safer and more responsible driver. Taking control of your driving record is essential for maintaining personal freedom, employment opportunities, and financial stability.

In conclusion, understanding the importance of a driver's license, knowing how to check your driving record, taking appropriate steps when faced with a traffic ticket, and seeking expert advice when needed are all crucial for protecting your driving privileges in New York. By taking control of your driving record, you can ensure that you maintain a clean record and avoid the severe consequences of license suspension.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local New York traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

The NY DMV's Point Increase: How it Could Affect Your Insurance Rates

The NY DMV's Point Increase: How it Could Affect Your Insurance Rates

The New York Department of Motor Vehicles (DMV) operates a point system to track and penalize drivers who commit traffic violations. The point system is designed to encourage safe driving behavior and deter reckless driving. Under this system, points are assigned to drivers based on the severity of the violation. The more serious the offense, the higher the number of points assigned.

Points are assigned for a wide range of violations, including speeding, running red lights, reckless driving, and driving under the influence of alcohol or drugs. The number of points assigned for each violation varies depending on its severity. For example, a minor speeding violation may result in 3 points, while a more serious offense like reckless driving can lead to 5 points or more.

Understanding the Point Increase and its Implications

Accumulating points on your driving record can have serious consequences. Not only can it lead to fines and penalties, but it can also result in an increase in your insurance rates. In New York, if you accumulate 11 or more points within an 18-month period, your driver's license may be suspended. Additionally, insurance companies often view drivers with a high number of points as high-risk and may increase their rates accordingly.

Points can increase in several ways. Firstly, committing additional traffic violations will result in more points being added to your record. Secondly, some violations carry higher point values if they are committed in certain circumstances. For example, speeding in a school zone may result in higher points than regular speeding. Lastly, points can also increase if you are involved in accidents that are deemed to be your fault.

How the Point System Affects Your Driving Record

The accumulation of points on your driving record can have a significant impact on your ability to drive legally. As mentioned earlier, if you accumulate 11 or more points within an 18-month period, your driver's license may be suspended. This means that you will not be able to legally operate a motor vehicle until the suspension period is over.

In addition to the risk of license suspension, having points on your driving record can also result in higher insurance rates. Insurance companies consider drivers with points to be higher risk, and therefore charge them higher premiums. This can make it more expensive for you to insure your vehicle, and can also make it more difficult to find an insurance company willing to provide coverage.

Factors that Determine Insurance Rates in New York

Insurance companies in New York consider several factors when determining insurance rates. These factors include your age, gender, driving experience, location, and the type of vehicle you drive. Additionally, insurance companies also take into account your driving record and the number of points you have accumulated.

Insurance companies use this information to assess the level of risk you pose as a driver. Drivers with a clean driving record and no points are considered low-risk and are therefore eligible for lower insurance rates. On the other hand, drivers with points on their record are seen as higher risk and are charged higher premiums.

How Points Impact Your Insurance Rates

Having points on your driving record can cause your insurance rates to increase significantly. Each insurance company has its own point system and policies regarding how they handle drivers with points. However, in general, the more points you have on your record, the higher your insurance rates will be.

Insurance companies typically review your driving record when determining your rates. If they see that you have accumulated points, they may consider you to be a higher risk driver and charge you accordingly. The exact impact on your rates will depend on the severity of the violations and the number of points accumulated.

Points typically stay on your driving record for a certain period of time, usually 18 months to 3 years depending on the violation. During this time, insurance companies will take them into account when calculating your rates. However, as the points age and eventually expire, their impact on your rates will diminish.

Insurance Companies' Point Systems and Policies

Different insurance companies have different policies when it comes to handling drivers with points on their record. Some companies may be more lenient and offer lower rates to drivers with a few points, while others may be stricter and charge higher premiums regardless of the number of points.

It is important to shop around and compare quotes from multiple insurance companies to find the best rates for your specific situation. Some companies may specialize in providing coverage for high-risk drivers and may be more willing to work with you if you have points on your record.

Strategies to Minimize the Impact of Points on Your Insurance Rates

There are several strategies you can employ to minimize the impact of points on your insurance rates. Firstly, it is important to practice safe driving habits and avoid committing traffic violations. By obeying traffic laws and driving responsibly, you can avoid accumulating points on your record in the first place.

If you do receive a traffic violation, you may have the option to attend a defensive driving course. Completing this course can help reduce the number of points assigned for the violation. Additionally, some insurance companies offer discounts to drivers who have completed a defensive driving course, so it can also help lower your insurance rates.

The Role of Traffic Violation Attorneys in Point Reduction

If you have accumulated points on your driving record, you may consider hiring a traffic violation attorney to help reduce or eliminate them. Traffic violation attorneys are experienced in navigating the legal system and can help you understand your options for reducing points.

An attorney can review your case and determine if there are any grounds for challenging the violation or negotiating a reduction in points. They can also represent you in court if necessary and advocate for a favorable outcome. Hiring an attorney can be especially beneficial if you are facing a license suspension or if your insurance rates have increased significantly due to points.

How to Check Your Driving Record and Points

It is important to regularly check your driving record to ensure that it is accurate and up to date. You can obtain a copy of your driving record from the New York DMV either online, by mail, or in person. The record will show any violations and points that have been assigned to your record.

To check your points, you can also visit the New York DMV website and use their online point system. This system allows you to enter your driver's license number and view the number of points currently on your record. It is recommended to check your driving record and points at least once a year to ensure that there are no errors or discrepancies.

The Importance of Safe Driving and Accident Prevention

Safe driving practices are crucial not only for avoiding points on your driving record but also for preventing accidents and ensuring the safety of yourself and others on the road. By following traffic laws, obeying speed limits, and practicing defensive driving techniques, you can greatly reduce the risk of accidents and violations.

Accidents can have a significant impact on your driving record and insurance rates. If you are involved in an accident that is deemed to be your fault, it will likely result in points being added to your record. Additionally, insurance companies may increase your rates if they see that you have been involved in accidents.

Taking Control of Your Driving Record and Insurance Rates

In conclusion, understanding the New York DMV's point system and its implications is crucial for all drivers. Accumulating points on your driving record can lead to fines, penalties, license suspension, and higher insurance rates. By practicing safe driving habits, avoiding traffic violations, and being proactive in managing your driving record, you can minimize the impact of points on your insurance rates. Additionally, seeking the assistance of a traffic violation attorney can be beneficial in reducing or eliminating points on your record. Ultimately, taking control of your driving record and insurance rates is essential for maintaining a clean driving record and affordable insurance coverage.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local New York traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Protecting Your Livelihood: Expert Advice for CDL Holders in New York

Protecting Your Livelihood: Expert Advice for CDL Holders in New York

A Commercial Driver's License (CDL) is a special license that allows individuals to operate commercial motor vehicles (CMVs) such as trucks and buses. CDL holders play a crucial role in the transportation industry, as they are responsible for transporting goods and passengers across the country. Without CDL holders, the economy would suffer, as many industries rely on the timely delivery of goods and services.

Importance of Protecting Your Livelihood as a CDL Holder

Losing your CDL can have a significant impact on your livelihood. Not only will you lose your ability to work as a professional driver, but it can also be challenging to find alternative employment. Many employers require a clean driving record and a valid CDL when hiring drivers. Additionally, if you have a history of traffic violations or accidents, insurance companies may consider you a high-risk driver and charge higher premiums or refuse coverage altogether.

Maintaining a clean driving record is essential for CDL holders. Traffic violations such as speeding, reckless driving, or driving under the influence can result in the suspension or revocation of your CDL. Even minor infractions can add points to your driving record, which can accumulate over time and lead to the loss of your CDL. It is crucial to follow traffic laws and regulations at all times to protect your livelihood.

Understanding the Laws and Regulations for CDL Holders in New York

In New York, CDL holders are subject to specific laws and regulations that govern their conduct on the road. These laws are in place to ensure the safety of both the driver and other road users. CDL holders must adhere to regulations regarding hours of service, vehicle maintenance, drug and alcohol testing, and insurance coverage.

Violating CDL laws and regulations can have severe consequences. Depending on the nature of the violation, penalties may include fines, license suspension or revocation, and even criminal charges. It is essential for CDL holders to familiarize themselves with these laws and regulations to avoid any violations that could jeopardize their livelihood.

Maintaining a Clean Driving Record as a CDL Holder

To maintain a clean driving record as a CDL holder, it is crucial to follow traffic laws and regulations at all times. This includes obeying speed limits, using turn signals, and maintaining a safe following distance. It is also important to avoid distractions while driving, such as using a cell phone or eating.

Attending defensive driving courses can also be beneficial for CDL holders. These courses provide valuable knowledge and skills that can help prevent accidents and traffic violations. They teach defensive driving techniques, hazard recognition, and how to handle adverse weather conditions. By investing in defensive driving education, CDL holders can improve their driving skills and reduce the risk of accidents.

Tips for Safe Driving and Avoiding Accidents

Safe driving is of utmost importance for CDL holders. Being alert and focused while driving can help prevent accidents and ensure the safety of everyone on the road. CDL holders should avoid distractions such as texting or talking on the phone while driving. It is also important to maintain a safe following distance and be aware of blind spots.

Driving in adverse weather conditions requires extra caution. CDL holders should reduce their speed, increase their following distance, and use their headlights when necessary. It is also important to be aware of changing road conditions and adjust driving behavior accordingly.

Compliance with Hours of Service Regulations

Hours of service regulations are in place to prevent driver fatigue and ensure the safety of CDL holders and other road users. These regulations limit the number of hours a driver can be on duty and require specific rest periods. CDL holders must keep accurate records of their hours of service to comply with these regulations.

Violating hours of service regulations can result in penalties such as fines, license suspension, or even criminal charges. It is crucial for CDL holders to plan their routes and schedules carefully to ensure compliance with these regulations. Taking breaks and getting enough rest is essential for maintaining alertness and preventing accidents.

Staying Drug and Alcohol Free as a CDL Holder

CDL holders are subject to regular drug and alcohol testing to ensure they are fit to operate commercial motor vehicles. It is crucial for CDL holders to stay drug and alcohol-free to protect their livelihood and the safety of others on the road. Failing a drug or alcohol test can result in the suspension or revocation of your CDL, as well as potential criminal charges.

It is important for CDL holders to be aware of the substances that can impair their ability to drive safely. This includes both illegal drugs and certain prescription medications that can cause drowsiness or impair judgment. CDL holders should always read medication labels carefully and consult with a healthcare professional if they have any concerns.

Proper Vehicle Maintenance and Inspection

Proper vehicle maintenance is essential for CDL holders to ensure the safety and reliability of their vehicles. Regular inspections and maintenance checks can help identify any potential issues before they become major problems. CDL holders should check their tires, brakes, lights, and other essential components regularly.

Tips for maintaining your vehicle include following the manufacturer's recommended maintenance schedule, keeping fluids topped up, and addressing any issues promptly. It is also important to keep your vehicle clean, both inside and out, as a clean vehicle can help prevent distractions while driving.

Importance of Insurance Coverage for CDL Holders

CDL holders are required to have proper insurance coverage for their commercial motor vehicles. This includes liability insurance, which covers damages or injuries caused by the driver, as well as physical damage coverage for the vehicle itself. Without proper insurance coverage, CDL holders may face legal consequences and financial liabilities in the event of an accident.

It is important for CDL holders to review their insurance policies regularly to ensure they have adequate coverage. They should also notify their insurance provider of any changes, such as a change in vehicle or address. By maintaining proper insurance coverage, CDL holders can protect themselves and their livelihood in the event of an accident.

Dealing with Traffic Violations and Citations

CDL holders may occasionally receive traffic violations or citations. It is important to handle these situations carefully to minimize the impact on your driving record and CDL. When receiving a citation, it is crucial to remain calm and respectful towards law enforcement officers. Cooperating with the officer and providing the necessary information can help resolve the situation more smoothly.

If you believe you have been wrongly cited, it may be beneficial to seek legal help. An experienced attorney can review your case and provide guidance on how to proceed. They can help you understand your rights and options, and potentially negotiate a reduced penalty or dismissal of the citation.

Seeking Legal Help for CDL Holders in New York

When facing legal issues as a CDL holder, it is important to seek legal help from professionals who specialize in transportation law. These attorneys have a deep understanding of the laws and regulations that govern CDL holders and can provide valuable guidance and representation.

Seeking legal help can be beneficial in various situations, such as when dealing with traffic violations, license suspensions, or criminal charges. An attorney can help protect your rights, navigate the legal system, and work towards the best possible outcome for your case. They can also provide advice on how to prevent future legal issues and protect your livelihood as a CDL holder.

Conclusion:

Protecting your livelihood as a CDL holder is of utmost importance. Maintaining a clean driving record, following laws and regulations, and seeking legal help when needed are all crucial steps in protecting your CDL and ensuring your continued success as a professional driver. By staying informed and taking proactive measures, CDL holders can navigate the challenges of the transportation industry and enjoy a long and successful career.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local New York traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Don't Pay That Fine! Learn How to Challenge Red Light Tickets with a Legal Expert

Don't Pay That Fine! Learn How to Challenge Red Light Tickets with a Legal Expert

Receiving a red light ticket in New York City or within the State of New York can be a frustrating and costly experience for drivers. Not only do these tickets come with hefty fines, but they can also lead to increased insurance premiums and even the suspension of your driver's license. Many drivers feel that these tickets are unfair and unjust, especially when they believe they did not actually violate the traffic laws. Fortunately, there is a way to challenge these tickets in court and potentially have them dismissed.

The Legal Basis for Challenging Red Light Tickets

When it comes to challenging red light tickets, it is important to understand the legal grounds on which you can base your defense. One common defense is arguing that the traffic light was malfunctioning or improperly calibrated, leading to a false violation. Another defense is asserting that you were forced to run the red light due to an emergency situation or to avoid an accident. Additionally, you can challenge the accuracy of the technology used to capture red light violations, such as the timing of the yellow light or the positioning of the camera.

Understanding your rights as a driver is crucial when challenging red light tickets. It is important to know that you have the right to contest any traffic violation in court and that you are innocent until proven guilty. By familiarizing yourself with the traffic laws and your rights, you can build a strong defense against red light tickets.

Common Misconceptions About Red Light Tickets

There are several common myths and misconceptions surrounding red light tickets that can lead drivers astray. One common misconception is that if you were not pulled over by a police officer at the time of the violation, you cannot be ticketed. However, many cities use automated cameras to capture red light violations, which means you can still receive a ticket in the mail even if you were not stopped by an officer.

Another misconception is that if you were turning right on a red light, you cannot be ticketed. While it is true that some states allow right turns on red lights, there are specific rules and conditions that must be followed. For example, you must come to a complete stop before making the turn and yield to any pedestrians or oncoming traffic. Failure to adhere to these rules can result in a red light ticket.

It is important for drivers to have accurate information about red light tickets in order to make informed decisions and avoid unnecessary fines.

Understanding the Traffic Laws Governing Red Light Violations

To effectively challenge a red light ticket, it is crucial to have a clear understanding of the traffic laws that govern these violations. In most jurisdictions, running a red light is considered a moving violation and can result in fines, points on your driving record, and increased insurance premiums.

However, there are situations where a violation may not have occurred, despite receiving a red light ticket. For example, if you entered the intersection while the light was still yellow, you may not be considered in violation of the law. Additionally, if you were already in the intersection when the light turned red, you may have a valid defense against the ticket.

By familiarizing yourself with the specific traffic laws in your jurisdiction and understanding the nuances of red light violations, you can better prepare your defense.

The Role of Technology in Red Light Ticketing

Technology plays a significant role in capturing red light violations. Many cities use automated cameras that are triggered when a vehicle enters an intersection after the light has turned red. These cameras capture images and video footage of the violation, which is then used as evidence to issue a ticket.

However, concerns have been raised about the accuracy and reliability of this technology. Some argue that these cameras can produce false positives, capturing innocent drivers who did not actually violate the traffic laws. Others question the timing of yellow lights and whether they are properly calibrated to allow enough time for drivers to safely stop.

It is important for drivers to be aware of these concerns and to consider them when challenging red light tickets in court.

The Importance of Evidence in Challenging Red Light Tickets

When challenging a red light ticket, gathering evidence to support your case is crucial. This evidence can include photographs or video footage of the intersection, witness statements, and any other relevant documentation. By presenting compelling evidence, you can strengthen your defense and increase your chances of having the ticket dismissed.

It is important to gather this evidence as soon as possible after receiving the ticket, as memories can fade and physical evidence may be removed or altered. Additionally, it is important to document any conversations or interactions you have with law enforcement or court officials regarding the ticket.

Presenting this evidence effectively in court is also crucial. It is important to organize your evidence in a clear and concise manner and to be prepared to explain its relevance to your case. By doing so, you can present a strong defense and increase your chances of a favorable outcome.

The Benefits of Hiring a Legal Expert to Challenge Red Light Tickets

While it is possible to challenge red light tickets on your own, hiring a legal expert can greatly increase your chances of success. These experts have a deep understanding of traffic laws and court procedures, and they can provide valuable guidance throughout the process.

A legal expert can help you gather and organize evidence, build a strong defense strategy, and navigate the complexities of the legal system. They can also represent you in court, presenting your case effectively and advocating for your rights.

There have been numerous cases where hiring a legal expert has resulted in reduced fines, dismissed charges, or other positive outcomes. By investing in professional help, you can level the playing field and give yourself the best chance at challenging unjust red light tickets.

The Process of Challenging Red Light Tickets in Court

Challenging a red light ticket in court involves several steps. The first step is to plead not guilty to the violation and request a court date. This can usually be done online or by mail, depending on the jurisdiction.

Once a court date is scheduled, you will need to prepare your defense. This involves gathering evidence, organizing your case, and familiarizing yourself with the specific laws and procedures that apply to your jurisdiction.

On the day of your court appearance, you will have the opportunity to present your case to a judge. This may involve presenting evidence, calling witnesses, and making arguments in support of your defense. The judge will then make a decision based on the evidence presented.

It is important to approach the court process with professionalism and respect. Dress appropriately, arrive on time, and be prepared to present your case effectively. By doing so, you can increase your chances of a favorable outcome.

Tips for Preparing Your Defense Against Red Light Tickets

Preparing a strong defense against red light tickets requires careful planning and attention to detail. Here are some practical tips to help you prepare:

1. Gather evidence: Collect any relevant evidence, such as photographs, video footage, or witness statements. Make sure to document the date, time, and location of the violation.

2. Research the traffic laws: Familiarize yourself with the specific traffic laws that apply to red light violations in your jurisdiction. Understand the nuances of these laws and how they may apply to your case.

3. Consult with a legal expert: Consider hiring a legal expert who specializes in traffic law to help you build a strong defense. They can provide valuable guidance and increase your chances of success.

4. Practice your presentation: If you plan to represent yourself in court, practice presenting your case in front of friends or family members. This will help you become more comfortable speaking in front of others and ensure that you are prepared for any questions or challenges from the judge.

5. Be respectful in court: Approach the court process with professionalism and respect. Address the judge as "Your Honor" and follow any instructions or guidelines provided. This will help you make a positive impression and increase your chances of a favorable outcome.

By following these tips, you can better prepare your defense and increase your chances of successfully challenging a red light ticket.

Outcomes of Successfully Challenging Red Light Tickets

Successfully challenging a red light ticket can lead to a variety of positive outcomes. One possible outcome is a reduced fine. In some cases, the judge may decide to lower the fine or waive it altogether if they find that the violation was not valid.

Another possible outcome is the dismissal of the charges. If you are able to present a strong defense and convince the judge that you did not violate the traffic laws, they may choose to dismiss the charges against you.

In some cases, successfully challenging a red light ticket can also prevent points from being added to your driving record. This can help you avoid increased insurance premiums and potential license suspension.

By challenging red light tickets, drivers have the opportunity to protect their rights, save money, and maintain a clean driving record.

Fighting Back Against Unjust Red Light Ticketing Practices

Challenging red light tickets in court is an important way for drivers to stand up for their rights and fight back against unjust practices. By understanding the legal grounds for challenging these tickets, addressing common misconceptions, and gathering compelling evidence, drivers can increase their chances of success.

While challenging red light tickets can be a complex and time-consuming process, it is worth the effort to protect your rights and potentially save money. By following the tips outlined in this article and seeking professional help when needed, drivers can navigate the legal system with confidence and increase their chances of a favorable outcome.

It is important for drivers to remember that they have the right to contest any traffic violation in court and that they are innocent until proven guilty. By exercising these rights and challenging unjust red light tickets, drivers can help ensure a fair and just legal system for all.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local New York traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

How to Get Your Traffic Ticket Reduced in New York City

With the continuing expansion of driving and parking rules in New York City, the odds of getting an expensive ticket have increased. New York City now imposes much more significant fines and penalties in an effort to change driver behavior, and raise revenue. In this climate, it is often worth trying to get a ticket reduced or even dismissed.

Understanding the Legal Process for Tickets in New York City

The Traffic Violation Bureau (TVB) is the division of the Department of Motor Vehicles (DMV) that processes traffic violations for the city. Parking tickets, red light camera fines, and other non-moving violations are not technically considered traffic tickets but citations and are handled through the city’s  Department of Finance, and not through the DMV. If you received a NYC Traffic ticket, you can use the DMV website to get information, and to start the process for arranging a hearing.

While a judge makes the decisions at a hearing, the TVB is not a local court and operates under its own rules.  Because of these special rules, it is important to work with a New York City attorney who understands the process.  Using this knowledge can be much more helpful than self-representation.

The legal system for traffic tickets can be confusing, and traffic lawyers often know the best way to navigate the process. They can potentially help reduce or eliminate points, get tickets dismissed if they are improperly executed, and ensure that any penalties are fair and valid.

Contesting a Traffic Ticket to Reduce or Dismiss a Fine

Do not delay responding to the ticket--you typically have 15 days to respond, or you will risk a default guilty judgment or even a suspension of your license. The best way to begin the process is to use the DMV online form. In order to contest the ticket, you must plead “not guilty.” At that point, a hearing will be scheduled. Make sure you appear on the assigned date, or the judgment will go against you automatically.

Dismissing a Traffic Ticket in New York City

Bear in mind, if your ticket is to be heard by the TVB, there is no opportunity to “negotiate a plea deal” before the hearing. Unlike the regular court system, the TVB does not have a prosecutor from the District Attorney’s office. Instead, everything happens at the hearing itself. The officer that issued the citation will provide the city’s case against you. The officer will provide testimony after which you can ask them questions if you think the answers will support your position. You can also provide documentation or other evidence to plead your case. A judge will then decide whether or not to dismiss the ticket based on the evidence and testimony.

Your overall strategy is to try to get the ticket dismissed entirely, which is no easy task. The conviction rates for hearings before the TVB has been rumored to be well over 85%. You must provide valid, demonstrable reasons why the ticket should be dismissed. You will need to review the law and understand the nuances of what a judge will or will not consider an incorrect charge or invalid traffic ticket.

As a side note, do not fall for the myth that your ticket will be dismissed if the officer who issued the citation does not appear. They usually do because appearing in court is part of their job, and making court dates is often an element of their job performance review. Further, the DMV rules give the officer much leniency in rescheduling cases.  Therefore the best advice is always be prepared to defend yourself.

Reducing a Ticket Fine in New York City

Because the rules are different in a hearing at the TVB, you cannot get a traffic ticket changed to a “lesser charge.” Instead, the goal is to fight the ticket and among other things, take into account flaws in process, or raise questions on technical matters.

For instance, a speeding ticket often starts with a visual estimate by an officer, who then might use a speed detector for a more precise confirmation of speed. On occasion, if these numbers are far apart, you might be able to argue your speed was the lower one---and that could reduce the fines and points on your license. Or, if your ticket results in a license suspension, you might need to convince the judge that you be allowed to drive for work or unavoidable health appointments.

Ignorance of a rule is not enough, nor are excuses without documentable evidence. Here’s where a New York City traffic attorney can help. They work with the TVB every day, understand what will convince a particular judge, and know the legal technicalities that a self-representative person would have no way of knowing. In the end, you might still be found guilty, but your attorney will fight on your behalf to give you the best chance of winning. Your attorney may also be able to modify the charge to lower points on your license, which can save you literally years of ongoing financial penalties, including rises in your insurance premiums.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local New York traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Remove Snow and Ice From Your Car in New York City or Face Big Fines

After years of trying, New York State passed a bill in December 2018 creating new fines for failure to properly clear snow from your vehicle when it is in operation. Article 33 of the New York Vehicle and Traffic Law (NYVTL) has a new section, S. 1229-e, which describes the circumstances under which drivers must remove snow, ice, and hail from a vehicle before operating. The law applies statewide, including New York City, and becomes officially effective December 2019.

What is The Law for Removing Snow and Ice from Your Car in New York City?

Under the new law, any person operating a motor vehicle on a public street or highway:

• Must remove any accumulation of snow, sleet, or hail in excess of three (3) inches of the vehicle surface.

•  Clear surfaces that include the roof and any cargo bed and includes the occupant compartment, any trailer equipment, or any other cargo compartment

The law does not apply:

• When snow, sleet, or hail is currently falling

• Within three hours after precipitation has stopped

• While a vehicle is parked and not being operated

• To emergency and public safety vehicles

What is the Fine for Failure To Remove Snow, Sleet, or Ice from a Vehicle in New York City?

The fine can range from $150 - $850 per violation. The actual amount of the fine will be determined by the circumstances of the violation brought before the court, but will be at least $150 if a violator is found guilty. Paying the fine is an admission of guilt with no recourse.

However, no points will go against your license.

Why is a Law Needed for Vehicle Snow Removal?

When excess snow accumulates on vehicles, wind and speed can blow the snow, ice, and sleet off the vehicle and into traffic causing hazardous situations. The material can land on windshields, for instance, causing blinding conditions for other drivers. When snow and ice lands in the roadway, it can cause additional slippery conditions as well as obstacles on the road. The intent of the law is to prevent accidents and potentially serious injuries to drivers, their passengers, and pedestrians.

What Will Money from the Fines Be Used For?

The money raised from these fines will help fund aid and assistance programs as follows:

• 10% for the Department of Motor Vehicles (DMV) for data collection and reporting

• 50% for creation of snow and ice removal sites for common carriers, i.e., delivery-type vehicles. Half will go to Department of Transportation (DOT) rest areas and service areas and half will go to the New York State Thruway Authority for these sites.

• 30% to provide matching funds to common carriers who install their own ice and snow removal equipment as well as to create public awareness campaigns.

How to Avoid a Fine for Failure to Remove Snow from Your Car?

The best way to avoid the fine, of course, is to properly remove snow, sleet, or ice before operating your vehicle. Under the law, the removal should include the entire surface. You can be fined, for example, for clearing only a small space on your windshield to see out of and leaving the rest, or not completely removing snow from the entire roof.

If you do receive a fine, document the situation, with photographs if possible, and include the time (note: the enforcing officer should include the time on the ticket citation). As noted, you do not have to remove the accumulation until it reaches three (3) inches or within three (3) hours after the precipitation stops. A New York City traffic lawyer will want to know the details of the incident in the event you want to contest the ticket.

As with any situation involving interaction with traffic and police officers, you should avoid escalating the situation. Officers can—and will in their own discretion—ticket for additional violations such as snow covering headlights and tail-lights or obscuring a license plate. These violations are separate than the failure to remove snow citation and will involve additional fines.

What Should You Do If Ticketed for Failure to Remove Snow, Sleet, and Ice?

If you do not dispute the ticket and pay the fine, the court views this as an admission of guilt. Case closed. However, the fine can be significant in some cases, so you may want to consult with a New York City traffic attorney before paying the fine. A traffic lawyer understands the nuance of the law and can give you advice on whether your particular situation can be—or should be—contested. Many traffic attorneys in the New York City provide an initial consultation for no fee.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

New York Now Requires Rear-Facing Child Safety Seats in Motor Vehicles

When it comes to child safety, political leaders and safety advocates have long pushed expansion of seat belt laws to reduce injuries and fatalities in traffic accidents. These laws have become more specific over time, particularly with how young children should be restrained in motor vehicles. High fines and tougher enforcement have resulted in compliance, but with the ever-shifting requirements, drivers can find it difficult to keep up with changes.

As of November 1, 2019, the law now states that children up to two-years old in a motor vehicle must be restrained in a rear-facing child seat (also known as a safety seat, car seat, or booster seat). 

What Are the Seat Belt Laws in New York City?

The New York State Vehicle and Traffic Law (“VTL”) Title VII, Section 33 lists the seat belt rules for motor vehicles throughout the state of New York, including New York City.

Specifically, Section 1229(c) of the VTL provides a detailed description for child seats and seat restraint requirements for motor vehicles in the state:

• children under 4 years of age and under 40 pounds are required to be in the backseat restrained in a car seat that meets federal standards

• children between the ages of 4 and 16 (as well as those under 4 if they exceed 40 pounds) must be restrained by seat belt harness systems approved by the traffic commissioner in both the front and rear seat(s) of a vehicle.

• All passengers over the age of 16 seated in the front must wear a seat belt at all times.

The new law regarding rear-facing safety seat is now officially added to this list.

What Is the New Rear-Facing Safety Seat Law?

The American Academy of Pediatrics (AAP) produces studies and recommendations for child safety in motor vehicles. In 2011, the AAP began advocating rear-facing safety seats until a child is at least two-years old or until the child outgrows the height and weight recommendations from the manufacturer. 

This recommendation has now become law in the state of New York, with the specific age and type of safety seat explicitly required.

What Is a Rear-Facing Child Safety Seat?

At the risk of sounding obvious, rear-facing child seats are purposely-designed to fit securely in the back seat, facing backwards in a motor vehicle, with the appropriate harness and locking mechanisms. They come in several styles and models and must be the right one for your make of motor vehicle. Check manufacturer recommendations and seek retailer advice for your specific needs.

What Kind of Car Seats Should You Buy?

Child safety seats come in three main types: infant, convertible, and booster.

• Infant: These car seats are designed for small babies and newborns. They are rear-facing only and generally will accommodate a child for their first nine months.

• Convertible: This type of seat is designed for long-term use, first in a rear-facing configuration, then convertible to a front-facing seat as the child grows.

• Booster: A booster seat is for an older child that no longer fits in a car seat but is too small to be restrained properly with a motor vehicle’s manufacturer-designed seatbelt system. The booster raises the child higher so that the belts secure on the child’s body in the optimal safety position.

An addition style called an All-In-One or Three-In-One safety seat can be used first as a rear-facing seat, then a forward facing one, and eventually converted to a booster.

By federal law, car seat manufacturers must test and certify that their products meet federal safety standards. As part of compliance, New York City car seat laws require that you use car seats that meet these certification standards. Always research before purchasing a car seat.

What Are the Fines and Penalties in Seat Belt Laws in New York City?

Penalties for violation of seat belt laws are within the VTL Article 33, Section 1229c. Fines and penalties include:

• Fine up to $100 for a driver who has not properly restrained a child under the age of 16.

• Processing fees up to $93 for each separate violation

• Violation of seat belt laws pertaining to children under the age of 16 carry 3 points on the driver’s license for each conviction. 

Points accumulate on a license over a rolling 18-month period. If a driver acquires 11 points or more, the license may be suspended. No points are assigned if convicted of a violation involving the driver or front seat passenger over 16, though the fines and fees still apply.

Signing a ticket and paying the fine constitutes an admission of guilt to the violation. You will have no opportunity to contest the ticket if you do so.

Can You Fight a Car Seat Ticket in New York City?

Police and traffic enforcement officers can pull over any vehicle if they suspect passengers are not properly restrained. A traffic attorney in New York City can advise whether the traffic stop was appropriate. Checking with a traffic lawyer to understand your options may help avoid unnecessary costs and points on your license. Often, a brief consultation with a traffic law firm in New York is free of charge and well worth the effort in the long-run.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Unposted Speed Limits Lead to High Fines and Penalties

With the advent of Mayor DeBlasio’s Vision Zero program, numerous new traffic laws have been enacted throughout New York City. Existing laws have also been changed to increase fines and penalties, create stricter rules, and target specific areas of the city for higher enforcement. The intent of these changes is certainly laudable--reducing driver and pedestrian injuries--but, for the average driver, keeping track of all the rules can be challenging. Public information campaigns, however, only go so far in educating the public.

Drivers are expected to know the rules of the road, no matter how long it has been since they studied for their licenses. Ignorance of the law is rarely a viable defense against a violation of traffic rules. With that in mind, it is imperative to know the difference between posted signage on New York City streets that warn drivers of the speed limits, and also know that sometimes there is a lower speed limit that might not be posted but still obligates compliance. 

What is an Unposted Speed Limit?

Almost every state has what is known as an “unposted” speed limit. Whenever a road does not have a sign stating the speed limit, by default one exists. No sign indicating the speed limit is necessary to enforce the speed limit. Drivers can be--and routinely are--stopped for speeding and issued a citation on these roads. States and local municipalities can also modify the unposted limit to a different speed.

Drivers are expected to know their local speed limits wherever they are. The only warning to drivers is an actual sign, usually at the borders of the local jurisdiction, indicating the unposted speed limit. After that, the driver is required to remember the speed within the designated area. In some places the mere existence of an unposted speed limit law is still sufficient to justify a ticket for exceeding such limit. Ignorance of the law is not an excuse. 

What Is New York City’s Unposted Speed Limit?

In November 2014, the unposted speed limit in New York City was lowered to 25 miles per hour as part of the Vision Zero program. Many drivers assume--wrongly--that they can use their own discretion for speed on an unposted road. Drivers do have an obligation to use reasonable judgment depending on local conditions, but that decision sometimes means proceeding slower than the posted or unposted speed. For instance, in hazardous weather, a driver should use good judgement to drive more slowly regardless of the maximum speed posted. Typically, under no circumstances can a driver use their own discretion to exceed the speed limit.

With over 200 miles of roadway within New York City, speed limits can vary. When they do, the speed limit is posted, particularly on highways, and bridges and in tunnels. With almost every new initiative under Vision Zero, additional traffic enforcement officers are included as part of the plan. To fund these initiatives, the collection of fines and fees is critical. With more officers on the street and administrative pressure to increase enforcement, the likelihood of receiving a ticket for all kinds of violations has increased dramatically.

Fines and Penalties for Unposted Speed Limit Violations in New York City

Getting a speeding ticket in New York City can be costly. Between upfront fines and fees followed by points on a driver’s license, the impact for speeding can be felt for years after the incident. The burden of high fines, followed by potential increases in insurance premiums due to points accumulating on a license, can be an expensive, time-consuming, and frustrating. A New York City traffic attorney can sometimes alleviate the damage by exploring all avenues to reducing these costs when possible.

The fines and penalties for unposted speed limit violations are no different than those for posted speed limits. From the law’s perspective, speeding is speeding. These penalties are critical to remember in the ease of exceeding a low unposted speed limit like 25 miles per hour.

Speeding fines are assigned by the New York State Vehicle and Traffic Law, Article 30, Section 1180-1:

In addition, the New York Department of Motor Vehicles (DMV) uses a Points System to apply further penalties for traffic violations. Under this system, a driver accumulating 11 points at any time within an 18-month period may receive a license suspension or even revocation.

Accumulating 6 or more points in an 18-month window results in a Driver Assessment Responsibility (DAR) fee . For 6 points, the annual fee is $100 for three years. For every point over 6, the fee increases $25 per point. Depending on the location, an additional court surcharge of either $88 or $93 per violation is applied.

With the fines for slightly exceeding the unposted speed limit are severe as it is, simply going as slow as 36 miles per hour increases the costs significantly.

New York City Lawyers Can Help with Unposted Speed Limit Violations

Violations can also cause your insurance premium to rise. While you may not be able to avoid a fine, a traffic lawyer in the NYC system can be a valuable asset in trying to reduce license points in ways an individual might not understand is impossible. It is in your best interest financially to explore your options whenever possible before you pay the fines.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

5 Great Tips For Back-To-School Driver Safety

That time of year has arrived when the leisurely days of summer turn to the bustling routines of autumn. Kids are getting ready for school, rush hour awaits, and the changing of the clocks is just around the corner. Now is a great time to brush up on basic driving safety for yourself and the new drivers you might know.

According to the National Highway Traffic and Safety Administration (NHTSA), the most dangerous time of vehicle-related pedestrian injuries and fatalities is the fall months. More children are on the streets for school, the days get shorter reducing light and visibility, and distracted drivers have more to contend with on the road.

Be Alert Even When Following the Speed Limit

Surprisingly, most pedestrian fatalities occur when a driver is traveling within the posted speed limit. It’s the limit itself that is the issue. The higher the speed limit, the higher the fatality rate from a crash. With higher speeds, driver reaction time is shorter, and stopping distance is longer. A third of child injuries occur because children tend to dart into the road or jaywalk, and a driver either doesn’t see them in time or is unable to stop before colliding. Posted areas around schools are prime locations for this to occur since the speed limit can reduce suddenly. Keep your eyes on the road, but make sure you take in the surroundings for unexpected surprises.

Walkers Need to Be Alert Too

Jaywalking is a chronic problem that never goes away. While pedestrians do have the right-of-way in a street, they can--and do--create dangerous situations by not paying attention to traffic. Remember to cross at marked intersections and never from between parked cars. Try to plan ahead and wear brighter colors at night if you will be out after dark. Texting while walking is a new distraction. Keep aware of your surroundings at all times, especially while in the street. If you have younger people in your life, remind them to follow the rules of the road and to look up when crossing the street.

Watch Out for School Buses

Municipalities across the country are clamping down on bad driving behavior around school buses with higher fines for failing to follow the law. Never pass a bus with flashing lights, watch for children crossing the street going to and from the bus, and leave plenty of distance between you and bus so that bus  drivers can see you behind them. Relax for a minute while the bus drivers do their job to protect the children under their care. If you have children, remind them to cross in front of the bus, never behind it, and to follow the simple bus rules.

Always Use Seatbelts

The value of seatbelts is long-established at this point, so make sure everyone in the car is wearing one. Wearing a seatbelt reduces the risk of  injury by 50% and fatalities by 45%. With school comes ride-sharing for class and extra-curricular activities. Many cities and towns have instituted laws making drivers responsible for ensuring all passengers are wearing seatbelts, especially underage passengers under their care. With often noisy, boisterous kids in the car, making sure they have their seatbelts will be one less worry while driving. Once you establish the seatbelt habit for you and your passengers, it becomes second-nature to do so in probably the easiest way to improve safety.

Review Driving Rules

Studies show that most people think they are better drivers than they are! No one likes to think they are a bad driver, but take a moment to review the rules of the road. Memories fade, and laws change. It is a good idea to check your knowledge, especially since distracted driving and cell phone use have become major factors in traffic accidents. Many insurance companies even offer insurance discounts for completing driver safety courses. The courses take anywhere from four to twelve hours to complete and can save hundreds of dollars over three to five years, depending on the insurers. Courses charge a low fee compared to the discount and are available online and in-person. Or, if you have a new driver in the family, test your knowledge against theirs while they study for their license. Spending time to refresh your memory greatly improves your driving safety---and might even save a life.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Minor Traffic Violations Can Cause Criminal Charges in New York City

It may seem impossible, but a minor traffic violation can turn into criminal charges in New York City. Drivers can be handcuffed, arrested, and spend time in jail through lack of paying fines, failure to show up in court, or not being aware they have a warrant out of for their arrest. A minor infraction can turn into a misdemeanor charge and even a felony if the proper steps are not taken to resolve traffic citations.

What Is the Difference Between an Infraction and a Misdemeanor in New York?

Violations of traffic laws and regulations can be grouped into three major categories depending on the severity of the violation or crime. Felonies, of course, are the highest level of violation, but drivers in violation of traffic regulations that result in tickets or citations should be most concerned with infractions and misdemeanors. A New York City traffic attorney is the best representation for explaining the ramifications for ignoring traffic violations.

What is an Infraction?

An traffic infraction or violation is a minor offense under the law that typically does not require jail time. It is not considered a criminal offense. In general, a fine or penalty fee is imposed, the driver pays, and the matter is closed. The driver does not have to appear in court and simply can pay the fines and penalties online or via mail.

Points can be assigned to a driver’s license for infractions, which can then have bigger ramifications as time goes by--such as suspension or revocation of a license--but initial infractions themselves are not criminal charges. Criminal charges may result from a traffic infraction, but they are not the infraction. For example, a speeding ticket can be an infraction, but if the speeding led to death or injury, additional charges may be added at the misdemeanor or felony level.

What is a Misdemeanor in New York?

A misdemeanor is a more serious charge than an infraction or violation and represents an actual criminal charge. Where traffic violations typically only appear on your driving record, a misdemeanor appears on your criminal record and can be found through a simple request by law enforcement officials, particularly police officers who pull drivers over for traffic violations. If you have an outstanding warrant on your record, you may be arrested immediately.

Misdemeanors vary in severity and are further categorized as Class A for more serious offenses and Class B or uncategorized for lesser ones. A wide variety of punishments can be imposed, from fines and probation to community service or jail time. Driving with a suspended or revoked license is a misdemeanor.

How Does a Minor Infraction Traffic Ticket Lead to a Misdemeanor?

The most common traffic misdemeanor is driving with a suspended or revoked license. In 2017 alone, over half a million traffic convictions were for driving without a license. Drivers can find themselves being charged with this violation if they have outstanding traffic citations on their driving record.

If a driver fails to pay the fine for a traffic citation within the prescribed time, the driver’s license is automatically suspended. New York City is not required to inform driver’s their license has been suspended, although it does try to contact the driver. The system can fail a driver if, for instance, the wrong address for the driver is on file. As a result, drivers who may have forgotten about a ticket or never knew they had a court date might be driving without knowing their license is suspended. Not being aware of a license suspension is not a defense against the charge.

When drivers decide to contest a New York traffic citation, they receive an appearance date on which they must appear in court. If a driver fails to appear on the required date, a warrant in some jurisdictions for failure to appear will be issued, also known as a “bench warrant,” and the driver can be arrested and brought to court.

Once a driver’s license has been suspended, they are in violation of the New York State Vehicle and Traffic Law regulations if caught driving. During a routine traffic stop, a police officer will check the driver’s driving and criminal  record, at which time any outstanding warrant and/or suspended license will be discovered. Driving with a suspended license then becomes a new charge in addition to the original traffic citation.

What are the Penalties for Driving with a Suspended License?

Depending on the circumstances, the penalties can be wide-ranging and severe. Fines and fees are automatically set between $200 and $500. Mandatory fees and other penalties may apply. Jail time can occur for various periods of time, ranging from waiting hours upon arrest to appear before a judge--including overnight--and jail time convictions for up to 180 days. After all fines and penalties are paid for the charges, more administrative fees are assessed for lifting the license suspension.

The domino effect can be financially and personally devastating for drivers. The initial immediate arrest disrupting work and family schedules, difficulties finding transportation while under suspension, or being unable to perform driving-related work obligations can have long-term effects. Misdemeanor convictions also can stay on a criminal record for years and have an impact on any future trouble with the law.

How Do I Fight A Misdemeanor Traffic Arrest in New York City?

If you find yourself the subject of a misdemeanor arrest, you should immediately contact a New York City traffic attorney. Local attorneys know the local laws, system, and challenges of the court system. Due to the often complex nature of misdemeanor laws related to traffic violations, a traffic attorney can be an invaluable resource to reduce the damage to your life and finances. They can help guide you to the best possible solutions when possible, including reducing fines, advocating for a temporary or conditional license, and even help clear or avoid charges and convictions from appearing on your criminal record in some circumstances.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Waxman & Beer Traffic Law Defense Firm, PLLC has Moved to Woodmere, NY

Waxman & Beer Traffic Law Defense Firm, PLLC is pleased to announce that we have relocated our office to a new and more convenient location.

We are now located at 4 Station Plaza, Woodmere New York, directly opposite the Long Island Rail Road Station In Woodmere New York.

 

Our new location is easily accessible via the LIRR as well as the NICE bus (get off at the Woodmere Blvd stop

Of the N31 or N32). There is ample on street parking and our office is at street level, allowing for easy access to our attorneys and our staff.

Waxman & Beer Traffic Law Defense Firm, PLLC is a law firm dedicated to defending motorists and companies charged with moving violations, vehicular crimes and commercial trucking violations.

Our attorneys have over 60 years of combined experience defending motorists in the New York City traffic violations bureau as well as the Nassau and Suffolk counties traffic violations agencies. We also appear in all local town and village courts.

Reach out to our partners Michael Beer and Joshua Waxman or our Senior Trial Counsel Jeffrey Levine for a consultation about your tickets. We can be reached at 212-269-3988. Our email address is office@trafficlawyer.com.

How to Fight an Improper Turn Ticket in New York City

What is a Legal Driving Turn in New York City?

The New York State Vehicle and Traffic Law (“VTL”) Title VII, Section 28 provides definitions for what is and is not a legal turn while driving. The law applies not only to New York City, but throughout the entire state.

Section 1160(a) of the VTL defines a proper right-hand turn. In simple terms, a right turn should occur from the right lane closest to the curb into the right-hand lane after the turn.  Section 1160(b) defines a left-hand turn and has a more complicated description due to the potential issues of crossing lanes in front of oncoming traffic. These descriptions, however, essentially describe what most drivers are taught when first learning to drive.

Section 1161 describes the conditions in which U-turns are prohibited when no signage indicates that U-turns are illegal. Again, the descriptions are about safety and visibility, no different from what drivers are taught when they first start driving. Lines of sight should be long enough for any oncoming cars to see the U-turn in motion, particularly near curves and crests of hills. U-turns are always illegal in school zones.

What Is an Improper Turn in New York City?

The VTL specifically states in Section 1163 that any deviation from the rules in Section 1160 is considered an improper turn in New York City. The section also provides further rules for the use of turning signals. Failure to use turning signals properly is a separate violation from an improper turn and can often be an additional offense for the same incident.

What Are the Penalties for an Improper Turn in New York City?

Drivers are typically cited for an improper turn in New York under Section 1163 of the New York VTL. Since an improper turn citation is a moving violation, fines and penalties are governed by Section 1800.

Penalties for violating turning rules can include:

• Points on the driver’s license

• Processing fees up to $93 for each separate violation

• Escalating Fines

Violation of Sections 1160 and 1163 are assessed 2 points for each violation. Points accumulate on a license over a rolling 18-month period. If a driver acquires 11 points or more, the license may be suspended.

What Is the Fine for an Improper Turn Ticket?

The fines for an improper turn violation can be substantial.

• Up to $150 for a first offense, with potential imprisonment up to 15 days

• Up to $300 for a second offense within 18 months, with potential imprisonment up to 45 days

• and up to $450 for a third offense within 18 months, with potential imprisonment up to 90 days.

How Can You Fight an Improper Turn Ticket in New York City?

As with many traffic situations, receiving an improper turn ticket in New York City depends on context and the discretion of the police or traffic enforcement officer. In order to understand if you have been unfairly cited, a New York City traffic attorney can help you assess your case. The legal system for traffic tickets can be confusing, and traffic lawyers often know the best way to navigate the process. They can potentially help reduce or eliminate points, get tickets dismissed if they are improperly executed, and ensure that any penalties are fair and valid.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

TICKET FOR FAILURE TO YIELD IN NEW YORK CITY

What Does “Failure to Yield” Mean?

“Failure to yield” refers to situations in which a driver does not correctly allow the right of way to another vehicle  or person. The New York State Vehicle and Traffic Law (VTL) outlines commonsense rules with respect to who has the right of way in various traffic situations. Violations of these “right of way” laws are often referred to as “failure to yield” violations.

What Are Some Examples of Failure to Yield the Right of Way?

In New York City, pedestrians typically have the right of way at intersections and marked crosswalks. They do not, however, have the right to randomly cross streets in the middle of blocks and must exercise good judgment when entering the roadway regardless of where they do so. Drivers still must exercise caution around pedestrians, but if an accident occurs as a result, pedestrian behavior might be a mitigating circumstance with regard to blame.

Right of way also applies to vehicles. For example, unless traffic signals indicate otherwise, when taking a left turn, oncoming traffic has the right of way. Similarly, when merging across traffic lanes, the existing traffic in the lane has the right of way even if it means a driver must stop before merging.

For the specific legal language regarding right of way violations, the New York VTL Article 26 covers nine specific areas for failure to yield:

§1140 – Failed to yield the right-of-way when approaching an intersection
§1141 – Failed to yield the right-of-way when turning left
§1142 – Failed to yield right-of-way at a Stop Sign or Yield Intersection
§1143 – Failed to yield right-of-way when entering roadway
§1144 – Failed to yield right-of-way to an emergency vehicle
§1145 – Failed to yield at a Rotary Traffic Circle
§1146 – Failed to exercise due care for bike/pedestrian or animal
§1146 – Approaching horses

What Are the Penalties for Failure to Yield in New York City?

Violating a right of way law can include punishments in three different ways:

• 3 points on a license for each violation.

• A fine

• Processing fees

Points on a license are cumulative. If you receive eleven or more points on your license within an 18-month window, your license can be suspended for a period of time based on the type of violation.

Fines for failure to yield can range between $0 and $150 for a first offense, higher for each subsequent offense within 18 months, potentially up to $1000.

In New York City, a driver is always assessed a surcharge fee of $88 or $93, depending on the violation. In addition, a driver responsibility assessment (DRA) fee may be imposed if you have six or more points on your license. The DRA starts at $100 per year for three years, plus $25 per point over six.

Can You Fight A Failure to Yield Ticket in New York City?

Given the potential punishments for a failure to yield ticket, you should always consult a New York traffic attorney for advice. Traffic attorneys can help in several ways, from sometimes reducing the number of points being assessed or getting a fine reduced to potentially having a ticket entirely dismissed.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

New York City’s “Dusk and Darkness” Campaign Means More Traffic Enforcement Fines

For several years now, new regulations, laws, and fines have been implemented under Mayor Bill de Blasio’s Vision Zero program. Intended to reduce pedestrian injuries and fatalities, the program has resulted in new street designs, public education safety campaigns, and a host of new, higher fines for traffic violations. For private and commercial drivers, the penalties have become substantial. As of 2016 alone, NYC has collected almost $2 billion in fines and fees.

Starting in 2016, Vision Zero stepped up traffic enforcement in the fall and winter months under its “Dusk and Darkness” campaign. Based on seasonal data analysis, pedestrian injuries demonstrably increase during the period of reduced daylight hours. With a starting budget of $1.5 million dollars, the city initiated a public safety campaign to educate both drivers and pedestrians about the increased danger at certain times of year.

In addition to the education campaign, police and traffic enforcement officers across the city have been instructed to step up ticketing for a variety traffic enforcement issues. For drivers who receive violations, the reasons can be confusing and often arbitrary.

Increased enforcement will be particularly focused on the 5 p.m. to 7 p.m. hours--prime commuting time. The “Dusk and Darkness” campaign emphasizes attention on speeding, failure to yield to pedestrians, and distracted driving, which includes cell phone use. While speeding may be a less debatable violation, issuance of failure to yield and distracted driving violations are left to the discretion of the police or traffic enforcement officer. Contesting these types of violations can be difficult. A New York City traffic attorney can provide guidance on the best way to proceed in these cases.

Cell Phones Are Targeted--Whether You’re Talking On Them or Not

Drivers can be unaware that certain activities violate regulations and laws. For instance, cell phone use goes beyond actually talking on the phone while driving. According to New York City’s Vehicle and Traffic Law Section 1225(c) & (d), all manner of electronic devices---such as tablets, laptops,cell phones and, problematically, hand-held GPS devices--are banned from use by the driver while the vehicle is motion.

Also, while not necessarily a violation we have experienced drivers ticketed for having a cell phone in view on a passenger seat or in close proximity to the driver. Obviously, the arbitrary nature of the enforcement of this violation can result in heavy fines through random, unfair decisions by enforcement personnel.

Failure to Yield Violations Can Be Debatable

Under New York City’s Right of Way Law Section 19-190 of the NYC Administrative Code or Local Law 29) , if a driver fails to yield to someone in the crosswalk with the right of way, they can be fined and even arrested. Part of the city’s data analysis indicated that almost half of pedestrian injuries and fatalities during the fall and winter months occurred when drivers attempted to make turns. As a result, more enforcement of failure to yield has become a cornerstone of the “Dusk and Darkness” program. Again, the determination of whether someone has failed to yield is left to the discretion of traffic enforcement personnel in instances where no injury has occurred and can be debatable.

Fines, Penalties, and More

The fines for these violations can be substantial and add up quickly. Fines and fees for violating the distracted driving laws like cell phone use include 5 points immediately on a license and a potential fine up to $200. The fines can increase up to $450 for subsequent violations with 5 points penalty is imposed for each individual violation. Fees are automatic and include an $88 surcharge per violation and additional assessment fees for excessive points.

For failure to yield violations, the fine is up to $100 if no injury occurs and up to $250 if an injury does occur. Technically, an immediate arrest with the potential for up to 30 days in jail can also happen.

Tickets can have ramifications long after a fine is paid. Points on a license are cumulative over an 18-month period, which may lead to more fees and penalties, license suspension or revocation. While the cost of fines and fees are obvious initial expenses, tickets can cause additional long-term problems with insurance and license points. In addition, insurance companies can, and do, increase premiums if a driver accumulates violations on their record.

Fighting a Ticket in NYC With A New York City Attorney

New York traffic attorneys can help navigate the NYC court system concerning traffic citations. In addition to complicated regulations and laws, the procedures of the court system can be equally confusing. Traffic lawyers that specialize in the New York City and State court systems can be an invaluable advocate to help reduce fines, points, or even have tickets dismissed.

In certain situations, violations of traffic regulations can be contested with a “rebuttable defense,” meaning gray areas do exist. A New York traffic attorney can advise you what those areas are and help you make the best decision on how to proceed.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

As New York City Struggles to Define Electric Bicycles, It Continues to Impose High Fines

Electric bikes and motorized scooters have been receiving media attention in recent months as New York City grapples with conflicting laws, accusations of discrimination, and the persistent transportation problems that plague the city. New York City Mayor Bill de Blasio has taken on the city’s traffic issues as a personal crusade of sorts, typically by imposing stricter regulations and high fines for motor vehicles. Considering the Mayor’s focus on alternative transportation, the recent crackdown on motorized scooters and electrics bikes has been perhaps one of de Blasio’s more controversial expansion of his Vision Zero program, which has be responsible for higher fines and punishments for traffic violations in the city.

Sorting Through the Definitions of Bikes, E-Bikes, and Scooters

With respect to the variety of  bicycles and scooters, however, the laws are more confusing compounded with slow progress in clarifying the rules of the road. Both motorized and non-motorized forms of transportation are governed by legal definitions under separate state and city law. In addition, distinctions are made on whether the transportation needs to be licensed or not.

Under the New York State Vehicle and Traffic Law, a bicycle is any two- or three-wheel device that is driven solely by human power. No license is required. Bike riders, however, are required to follow the rules of the road just like motor vehicles. Designated bike lanes and paths are for the exclusive use of bicyclists. In addition, human-powered pedicabs follow the same rules as bicyclists except that they must also be licensed by the city and pedicab drivers must be trained in the laws. This definition is necessary since anything that does not fall under the legal category of bicycle is governed by different laws.

Once any type of mechanical propulsion becomes involved, the rules change. Mopeds and seated scooters, for instance, are considered to be miniature motorcycles with a maximum travel speed of forty miles per hour. Since they can only be used on public roads by state law, they require a license to operate and the vehicle must be registered. They are not considered electric bicycles as that term has evolved.

Electric-bicycles—also called “e-bikes”—and motorized scooters are the devices that become tripped up by the state legal definitions. An e-bike is simply a bicycle with a motor. Since New York State will not register these types of bicycles, they cannot be used on the roadway. At the same time, bike lanes and paths are restricted to human-powered vehicles only. In effect, e-bikes are banned from use in New York City. Anyone caught using an e-bike can be subjected to a fine up to $500 dollars and having the e-bike confiscated by the police.

Motorized scooters have a more explicit definition under New York City Administrative Code and are banned outright in the city. Any wheeled device with handlebars that is powered by an electric or gasoline motor without human power and is not capable of being registered by the New State Department of Motor Vehicles is considered a motorized scooter. That second restriction—not being able to be registered—is what differentiates a motorized scooter from mopeds or a traditional seated scooters that are allowed on roadways. The well-known Segway, for instance, is considered a motorized scooter, and, therefore, banned in the city.

Laws for E-Bikes and Motorized Scooters Are Confusing

With advancing technology, defining what is and is not a motorized scooter has become a challenge. Hoverboards, which operate much like the Segway, have a motor, but no handlebars, an explicit defining characteristic under the code. Yet, the NYPD claims they are also prohibited in the city, and violators can be subjected to the same $500 fine.

In October 2017, de Blasio announced a crackdown on e-bikes of all kinds, whether fully motorized or motorized with human-assisted pedaling. The business community responded in anger, noting that delivery workers, a primary population that uses the human-assisted e-bikes, were unfairly targeted by the new enforcement. Pointing out that reducing vehicular traffic in the city has been a major priority for the mayor, the ban effectively would put delivery workers back in vehicles, putting more pressure on traffic.

De Blasio relented in April 2018, directing the Department of Transportation to clarify that bikes that recharge batteries through pedal assistance and do not go more than 20 miles per hour are permissible to use. Any e-bike, whether human-assisted or not, that can operate without human power remains banned. The distinction, for clarity, is that a motor that boosts speed while pedaling is allowed, while a motor that operates independent of human assistance is not.

With the ongoing traffic congestion in New York City and the looming shutdown of the L train tunnel scheduled for 2019, the city needs to address its traffic problems in ways other than imposing fines. With the move to encourage more bicycles of all kinds in the city, outdated definitions of transportation need to be fairly assessed. The mayor’s reversal on pedal-assisted bicycles is a step in the right direction, but the laws continue to need more clarity on the city and state level.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

FIGHTING A CELL PHONE TICKET IN NEW YORK CITY

Since the establishment of Mayor Bill de Blasio's Vision Zero initiatives intended to increase public safety on the road, traffic ticket revenues have become big business for New York City. In 2016, the city collected a record $1.9 billion in fines and fees on everything from speed cameras to parking violations. These revenues continue to grow as the city increases enforcement of tougher new laws.

With the passing of a confusing series of new laws, drivers are subject to more potential violations than ever. Ignorance of the law is never a defense, yet drivers can often find themselves bewildered by the reason for the ticket they receive. Debating or arguing ticketing rationale with the police or traffic enforcement officer never works,can result in a frustrating experience with the officer and  leaves drivers with the choice of paying high fines and fees or going to court.

Cell Phone and Electronic Device Laws Can Be Confusing

One of the toughest laws on the books addresses the use cell phones or other electronic devices while driving in New York. If you’ve received a cell phone ticket, you may be surprised at the reason.

New York City’s Vehicle and Traffic Law Section 1225(c) & (d) outlines the violations for cell phone use and other portable electronic devices. The list and circumstances are considerable.

In general, a cell phone may not be used while a vehicle is in motion. For commercial vehicles, the law goes further by explicitly stating that a driver may not use a cell phone even when stationary in situations like a stop light or stand-still traffic jam. In order to use a cell phone, a vehicle must be motionless and parked off a public way.

This aspect of the law is typically what most drivers understand the ban against cell phone use while driving to mean. The law goes further, however, for all drivers. Specifically, paragraph 2(b) of the section states:

“An operator of any motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call.”

What this statement can mean is that even if a driver is merely holding a phone near the ear, they are assumed to be talking on it. A police or traffic enforcement officer has complete discretion on how to apply this section of the law. For many, this discretion can open the door to arbitrary ticketing.

New York City traffic attorneys have been seeing instances where drivers can be, and have been, ticketed for cell phone violations even when they are not engaged in a call.

Many Kinds Of Electronic Devices Can Result in Ticketing

The law does not limit violations solely to cell phones, but includes other electronic devices as well. Many types of electronic devices are prohibited, and they include hand-held devices like, pagers, gps, electronic games, or anything with mobile data access such as a laptop.

Even “viewing” can be considered a violation, which includes all GPS devices. In a decision last June 2017, The Third Department Appellate Division stated that the definition includes “any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands.” It seems that the court is giving even more discretion to law enforcement.

Cell Phone Fees and Fines

Fines and fees for violating the distracted driving laws come at a high price. For a first offense, 5 points immediately go on a license and the fine can be up to $200. For subsequent additional violations, the fines can increase up to $450 and an addition 5 point penalty is imposed for each individual violation. Surcharges  also are automatic, with an $88 surcharge per violation and additional assessment fees for excessive points.

While the cost of fines and fees are obvious initial expenses, tickets can cause additional long-term problems with insurance and license points. Points are cumulative over an 18-month period and can result in more fees and penalties, or licenses suspension or revocation. In addition, even after the 18-month period, a violation remains on a driver’s record permanently and can be used as a reason for insurance companies to raise premiums for years after the event.

Fighting a Cell Phone Ticket in NYC

New York traffic attorneys are well-versed in responding to traffic citations. The court system can be confusing, especially when the underlying law is confusing as well. With their experience, traffic lawyers can help sort through the complex laws as well as the the legal procedures involved that might reduce fines or even get tickets dismissed

The good news for drivers is that when the original distracted driving law was passed in 2011, Governor Cuomo indicated it had a “rebuttable presumption.” What that means is that while a ticket can be issued for sometimes unclear reasons, it can be dismissed in a court law under certain circumstances.

Consult a New York City Traffic Attorney for Texting Tickets

Drivers should know that paying the fine for a cell phone ticket is an admission of guilt. The fines, fees, and points are then guaranteed with no recourse. Consulting with a New York traffic lawyer can provide critical guidance for particular situations that can save time, money, and reputation in the long run.
 

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

High Distracted Driving Fines Are Getting Attention

As New York continues to pursue safe driving enforcement on city streets, it has focused on raising fines and punishment as an incentive for drivers to follow existing and  new laws. While the goals are honorable and often necessary, enforcement has been largely based on traffic officer observations, which can be prone to bias and ambiguity.

In New York City, for instance, Mayor de Blasio’s Vision Zero program has stepped up enforcement and increased fines for everything from block-the-box violations and double-parking, to delivery bans and seatbelt use. Ticketing has increased by astronomical rates. In just five years, from 2011 to 2016, tickets for texting alone increased 840%. While some educational efforts have been made, people who become the subject of the fines often have no idea about which laws they presumably have violated.

Distracted Driving Concerns

According to the National Highway Traffic Safety Administration, approximately 3,500 people died in 2016 due to distracted driving and another 400,000 received serious injury. The claimed causes for distracted driving are varied and broad.

Common causes have included looking anywhere but the road ahead, using your hands for anything but driving, or even thinking about anything except driving. With definitions like these, the rationale for ticketing can be incredibly broad and discretionary.

New York City’s Tough Regulations

New York City’s Vehicle and Traffic Law Section 1225(c) & (d) outline the violations for cell phone use and other portable electronic devices. Hand-held devices cover a wide range of items that include cell phones, music or game players, and devices that have any type of mobile data access. Even some GPS devices can be used as an excuse to write a ticket.

What’s more, a driver does not have to be using the device to violate the law. According to the law, if an officer observes a device in someone’s hand for any reason, the person is presumed to be using it. In June 2017, The Third Department Appellate Division further refined the definition even more “to encompass any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands.” Ironically, this refinement actually makes the basis for a ticket more broad.

The High Cost of Violations

The fines for violating the distracted driving laws can be substantial. For a first offense, the fine can be up to $200, plus 5 points on a license. For every violation after the first, the fines can increase up to $450. The 5 point license penalty is also imposed for each individual violation. Further costs for drivers include a $93 surcharge per violation, assessment fees for excessive points, as well as the potential to increase insurance premiums.

What You Can Do to Fight a Distracted Driving Ticket

Clearly, the financial costs for paying the fines and penalties can have a severe impact on drivers for years. A New York traffic attorney, however, may be the best defense to reduce the damages. In 2011 when the original distracted driving law was passed, Governor Cuomo described it as having a “rebuttable presumption.” In other words, a ticket can be dismissed under certain circumstances in a court of law.

A traffic lawyer in NYC can be the biggest ally in defending against a distracted driving citation. With such a broad description for what constitutes a distraction, New York traffic attorneys can be the biggest ally in attempting to reduce or dismiss a ticket. As legal experts familiar with the often confusing NYC court system, they know how to navigate the complicated means of fighting a ticket.

In particular, the “presumption of use” aspect of the law opens the door to arbitrary enforcement. If, for instance, a driver was not actually using a device, the burden of proof falls on them. A traffic lawyer can help determine if evidence is sufficient to reduce or even dismiss a violation.

Consult A Traffic Attorney Before Paying Fines

Once you pay a fine, you have admitted guilt. The simple act of sending a check can lead to more costs in the long run, costs that might be avoidable. Traffic attorneys are willing to consult for little or no fee on particular circumstances and evaluate the likelihood of reducing and dismissing fines and penalties.

Points stay on a license for years and can lead to other increased fines and insurance rate increases. You should assess your situation with the longview in mind.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.

AGGRESSIVE ENFORCEMENT OF NYC BLOCK THE BOX TICKETS HAS ARRIVED

Aggressive Enforcement of NYC Block The Box Tickets Has Arrived

In October 2017, New York City Mayor De Blasio announced a series of “clear” initiatives in an effort to battle ongoing traffic congestion in the city. Among those plans was “Clear Intersections,” which would entail higher enforcement of “block the box” laws, also known as spillback or gridlock violations, throughout the city.

Five months later, the city is now rolling out Clear Intersections. In keeping with Mayor De Blasio’s aggressive traffic enforcement strategies, police and traffic enforcement officers will be out in force to write tickets in 50 targeted intersections throughout the city. The new push for ticketing will focus on the “spillback” law--also known as “block the box.” In support of the effort, the city has hired an additional 50 uniformed officers in additional to the existing 3,000 member force.

Blocking The Box Fines Attempt To Reduce Congestion--At a High Price for Drivers

Under the New York Vehicle and Traffic Law (VTL), S 1175, spillback is defined as:

“Obstructing traffic at intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn unless there is adequate space on the opposite side of the intersection to accommodate the vehicle he is driving notwithstanding the indication of a traffic control signal which would permit him to proceed.”

The violation code (VC) for a block-the-box fine is VC 9, which is part of the parking violation code list.The fine for a spillback violation is $115 and possible additional surcharges and court fees, if written as a parking violation or $138 and 2 points if written as a moving violation.

The spillback law has been around as a moving violation for years, but in 2008, the violation was given a dual status--moving violation and parking violation. The change means that the ticket can be written up not only by police officers but also some 3,000 additional traffic enforcement officers. The likelihood of being cited for the violation, in other words, has increased dramatically.

Since the intent of spillback laws is to reduce congestion, a driver pulling over to receive a ticket can cause more traffic problems. To make it even easier for ticket writers, New York City enforcement officers now have hand-held devices in which they simply enter your license number without stopping you. You may not even know you have been ticketed until you receive a citation in the mail a few days later.

Fighting a Block the Box Ticket Can Be Done

With so many more enforcement officers on the streets, New York City traffic attorneys expect to see a spike in the number of tickets issued for spillback. The citation can cause frustration and contention. No one likes gridlock, but no one likes getting a ticket for a situation they did not cause either. Since a block the box ticket is entirely discretionary, a gray area exists as to whether the ticket was fair.

If you do receive a ticket, it might be worth fighting. A traffic attorney in New York City has experience working through the court system and can advise you--often with an initial free consultation--on the chances of beating a ticket.

What To Do If You Receive a Spillback Ticket in New York City

The spillback law applies everywhere in the city. The new, aggressive campaign will target specific intersections (listed below for your convenience). If you have received a citation in these particular areas, you might have been the victim of overzealous ticketing.

When you receive a spill back citation, write down everything you can remember about the situation that led to the ticketing. Context can matter. You might, for instance, have been forced to stop by a driver in another vehicle or a pedestrian causing an unanticipated delay.

Remember, the “box” in blocking-the-box is typically defined by the area within the white lines formed by the crosswalks in an intersection. Make careful note where your vehicle actually was when the ticketing occurred.

These suggestions or other mitigating situations do not guarantee your ticket will be dismissed, but they might have an impact on what a judge thinks about the fairness of the citation. Congestion is a citywide problem that has as much to do with lane design, pedestrian actions and awareness, and even increased ridesharing services clogging the streets as it does with driving issues.

Consulting with an NYC traffic lawyer can help determine whether to fight a ticket. With so many new regulations and fines for traffic enforcement in the city and an aggressive, overwhelming staff of officers, drivers are more at risk than ever for high, unreasonable fines.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.

CONTACT US BEFORE YOU PLEAD GUILTY

Clear Intersections will be in effect at the following locations:

Manhattan

1. Broadway & West 57 Street
2. Dyer Avenue & West 41 Street
3. Fort Washington Avenue & West 165 Street
4. 3 Avenue & East 36 Street
5. Broadway & Spring Street
6. Delancey Street & Bowery
7. Delancey Street & Allen Street
8. 9 Avenue & West 207 Street
9. 10 Avenue & West 40 Street
10. West Side Highway (9A)/12 AV & West 51 Street
11. Broadway & Canal Street
12. Canal Street & Centre Street
13. Delancey Street & Essex Street
14. Hudson Street & Beach Street/Ericsson Place
15. 3 Avenue & East 57 Street
16. 3 Avenue & East 58 Street
17. 3 Avenue & East 59 Street
18. 3 Avenue & East 35 Street
19. 6 Avenue & Watts Street
20. 10 Avenue & West 41 Street
21. Broadway and Broome Street
22. Broadway and Chambers Street
23. Broadway & West 66 Street
24. Amsterdam Avenue & 181 Street
25. Canal Street & West Broadway
26. Hudson Street & Laight Street
27. Hudson Street & Vestry Street

Queens

28. Queens Boulevard & Skillman Avenue
29. Northern Boulevard & Queens Boulevard
30. Queens Boulevard & Roosevelt Avenue
31. Astoria Boulevard & 31 Street
32. 21 Street & 49 Avenue
33. Laurel Hill Boulevard & 65 Place
34. Queens Midtown Expressway *N S/R & Grand Avenue
35. Main Street & Roosevelt Avenue
36. 71 Avenue & Austin Street
37. 37 Avenue & 138 Street
38. Metropolitan Avenue & 60 Street
39. Queens Plaza South (SR) & 28 Street

The Bronx

40. 135 Street & Third Avenue

Brooklyn

41. Flatbush Avenue & 8 Avenue
42. Atlantic Avenue & Pennsylvania Avenue
43. 86 Street & 7 Avenue
44. Tillary Street & Jay Street
45. Flatbush Avenue & Myrtle Avenue

Staten Island

46. College of Staten Island & Victory Boulevard
47. Narrows Road South & Hylan Boulevard w/b @ Steuben Street
48. Narrows Road South & Hylan Boulevard
49. Narrows Road South & Fingerboard Road
50. Narrows Road North & Fingerboard Road

HIGHER PENALTY LIKELY FOR PASSING A STOPPED SCHOOL BUS IN NEW YORK

Higher Penalty Likely for Passing a Stopped School Bus in New York

The New York State legislature is considering increasing the penalties for passing a stopped school bus. In addition to existing fines, fees, and penalties, drivers will have their licenses suspended for an automatic 60 days if convicted of the offense two or more times in a 10-year period. The measure has passed the Senate and now goes to the Assembly for consideration.

The penalties for passing a stopped school bus are already severe. Depending on the number of traffic violations on record, fines can reach up to $1,000 and possible imprisonment up to 180 days. At the end of the suspension period, an additional $50 or $100 suspension termination fee is assessed.

The fine includes 5 points on the license for each violation as well. The license points for passing a stopped school bus can lead to significant financial issues. If a driver receives 6 or more points on a license within an 18-month window, a Driver Responsibility Assessment fee is incurred.

For example, if a driver receives a school bus citation under the proposed penalty--5 points--a single speeding ticket for traveling just 10 miles an hour over the limit--3 more points--will immediately place the license above 6 points. The assessment  fees are $100 per year for three years, plus another $25 per point, per year for each point over 6. Points remain on a license for 18 months, but will always remain on the driver’s record, which can have increased insurance cost ramifications as well.

A Suspended License Penalty Is A Driving Enforcement Strategy

Because driving is such a critical need for everyone's living, state law often turns to revoking or suspending licenses to enforce traffic laws or pressure drivers to comply with laws that actually have nothing to do with driving. New York City traffic attorneys have been working these type of cases for years to ensure fairness for drivers who may have mitigating circumstances.

Under New York State law, a driver’s license can be suspended for a number of reasons. Some situations are not surprising, for instance when a driver:

• did not answer a traffic ticket or pay a fine

• did not file a motor vehicle accident report when appropriate

• did not have automobile liability insurance

• accumulated a certain number of traffic tickets

Other instances are intended to force a driver to comply with issues unrelated to driving:

• failure to pay child support

• failure to pay New York State taxes

• conviction of certain alcohol- or drug-related offenses

• a medical condition that might create unsafe driving

The Difference Between a Suspended and Revoked License

Some suspended licenses issues are easily rectified. Paying outstanding fines or catching up on child support payments can be enough to reinstate a driving privilege. Other violations need the experience of traffic attorneys to work through the complexity of the DMV, the court system, and the laws.

For instance, under New York State law, a driver can have a license suspended or revoked, which are two very different situations. A suspended license means a license is still valid, but temporarily suspended for a period of time. Usually the driver has to perform some task--pay a fee, for instance--and wait out the penalty period. A revoked license, however, cancels the license, meaning the driver no longer has the right to drive.

The only way to regain a license that has been revoked is to apply for a new one. A revoked license is much harder to restore, and a traffic attorney might be the only option to remedy it. The DMV does not have to grant a new license either if it deems the driver has an unsafe record.

Whether a license is suspended or revoked, the consequences can be dramatic and devastating. For many people, driving is the only means for them to travel for work, take care of their children, or handle medical needs. Drivers risk losing their jobs or being able to secure a new job if they can’t drive. The issue can also have stressful ripple effects for friends and family who either rely on the driver for help or who try to assist the driver with driving during the suspension period.

Getting Legal Advice for A Suspended License

New York traffic attorneys understand the situations in which a suspended or revoked licenses can be fought. With the number of overlapping laws involved, they can often find ways to reduce points and penalties or even keep a license from being suspended entirely. For instance, in some cases  the court system might permit a hardship license (called a restricted or conditional license) that allows the driver to drive under specific circumstances, such as to and from work or to medical appointments. Every case is different, and traffic attorneys have experience with the best strategies for a given situation.

If you receive a traffic violation and you pay the fine, you admit guilt to the traffic charge. Before doing so, drivers should at least consult with a New York traffic lawyer to understand the best course of action. Due to the costs and difficulties of maintaining a regular life, you should try to reduce driving penalties whenever possible. The court system does recognize that mistakes can be made and sometimes a plea deal can be accomplished to reduce the damage.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local NYC traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

New York City Traffic Congestion Pricing Proposals Will Mean More Traffic Fines

New York City Traffic Congestion Pricing Proposals Will Mean More Traffic Fines

Governor Cuomo’s traffic congestion pricing plans for New York City have prompted much contention, but little consensus. On one side, ride-hailing services, taxi associations, and New York City traffic lawyers are pointing out the unfairness of the unilateral plans, while big business contends traffic congestion is costing them over $100 billion over five years. Caught in the middle are everyday working drivers and commuters who will ultimately bear the cost burden of the proposal in fees and traffic violation fines.

New York City Traffic Congestion Needs Fair Solutions

Manhattan’s central business districts (CBDs) slow to a crawl daily with an average speed of 4.7 miles per hour. That’s a drop from from 6.5 miles per hour in 2012. The culprits, depending on who is asked, are the increase in popular car services or the unreliability of a failing subway system. Truck and taxi drivers--critical components of serving businesses in the city--are also being blamed.

Governor Cuomo’s answer the problem is a congestion pricing toll plan for lower Manhattan that will hit the pockets of every driver---including the working class whose jobs require them to be on the road every day. The four-month review by Cuomo’s Fix New York City panel released this past week in January, reveals a multi-pronged plan that assesses fees on any vehicle operating in lower Manhattan south of 60th street.

The panel proposed several fee schemes specifically targeting taxis and for-hire vehicles (FHVs) like Uber and Lyft. Depending on day and time, the proposed fees range from a $2 to $5 surcharge on each ride--with an additional option of hitting every ride south of 96th Street. Delivery trucks will take an even bigger hit--over $25 every time a truck enters the CBD.

Drivers Are Blamed Despite Other Factors

The panel justifies its conclusions in two basic ways. Citing successes of similar programs in London, Milan, and Stockholm and the fact that FHVs on the streets have more than doubled in the last four years. Interestingly, none of the other compared programs specifically target taxis and FHVs with such high fees and in several instances the vehicles are exempt. The comparative fees in US cities with congestion pricing like Seattle and Chicago are paltry in comparison.

Besides FHVs, the panel cites several factors contributing to congestion in Manhattan including reduced road space due to increased bus and bike lanes as well as new pedestrian plazas. Yet, traffic--which the streets exist for--are targeted for shouldering the cost of congestion. Meanwhile, despite the increases in ridership, the failing infrastructure of the MTA subway system will take at least a decade and cost a proposed $8 billion. The panel’s solution is to bill drivers under its traffic congestion pricing plans to help pay for it.

More Traffic Enforcement Means More Fines

New York City Mayor de Blasio does not fully support the governor’s plan, though he has signaled he is willing to dialog with the governor. De Blasio, however, has helped pushed through several pieces of legislation that also raises the cost of doing business for drivers in Manhattan.

De Blasio established new laws and fines through his Vision Zero initiatives that already make truck deliveries more difficult and costly. His Vision Zero initiatives, intended to reduce pedestrian injuries and fatalities, have increased fees and fines for parking and moving violations across the city. Speeding fines for instance, can go as high as $975 dollars in fines. As a result, New York traffic lawyers have seen a spike in clients objecting to unfair and arbitrary enforcement.

The Fix New York City panel suggests immediately increasing traffic enforcement--which has risen dramatically in the past few years under Vision Zero. Its report specifically cites spillback (also known as “block the box”) laws and bus lane violations.

The spillback law, long on the books, was once a moving violation but now considered a parking violation. While drivers no longer receive license points for violating the spillback law, the $100+ fine remains. Making it a parking violation means that not only can police officers issue the citations, but an additional 3,000 traffic enforcement officers can as well--making it much more likely to get one. This ticketing is discretionary--and often arbitrary.

The bus lane violation remains a moving violation, meaning it must be issued by a police officer, and includes 2 points on a license. Again, timing is everything when it comes to the validity of this violation, and with fines upwards of $150 plus the 2 points, drivers often have long-term license and financial complications. Since these fines and violations are difficult for the average driver to fight, New York traffic lawyers must step in to challenge unfairness and protect drivers unnecessarily fined.

Another area of concern for New York City traffic attorneys defending clients is the failure to yield and improper turn laws. Even without pressure from Fix New York City’s program, improper turn tickets have increased 40% and failure to yield citations have risen a dramatic 234% in recent years.

Every time a new traffic initiative becomes law, the city finds a way to increase staffing to issue more tickets. While the Vision Zero program has been more tightly focused on specific streets and intersections, the Fix New York City proposals seek to cover a huge area of the city. More enforcement on more drivers will clog an already overwhelmed traffic court. With delays and lack of clarity on how to challenge a ticket, drivers often make the mistake of paying--which is an admission of guilt--then being caught with more fees, surcharges, and insurance increases. Before paying any ticket, traffic attorneys recommend consulting with traffic law firms--often with a free consult--to determine the best course of action.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!
CALL WAXMAN & BEER
212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.