As I’ve written before, my Traffic Law practice takes me to Stafford Town Court on a regular basis.  Stafford, New York’s geographic location makes it a prime location for speeding tickets as it covers the Thruway (I-90) between Batavia and Leroy.

That said, the Court’s procedure for hearings on traffic matters has changed a bit over the last few months.  Stafford Town Court is one of the few courts where the officer who issued the ticket actually prosecutes the ticket.  Most town courts will have an assistant district attorney who does this.  In Stafford, it is not uncommon for 10-15 New York State Troopers to appear to prosecute their individual cases.

The new practice in Stafford is to have a “trial” where the Trooper/officer will give testimony of the facts surrounding the ticket being issued.  The defendant then has the opportunity to cross-examine the Trooper or give his/her version of the facts.  It is also the time to make an application before the court for a reduction of the ticket.  As stated in prior posts, the main factors for the court are the driving history of the defendant, speed cited, and any other factors, including whether the officer was given a “hard time” by the driver during the stop.

If you have received a traffic or speeding ticket in Stafford Town Court, contact me for a free consultation at 585-752-7523.

Well, it’s time to shake off the cobwebs and start posting again.

All is not lost if you have a speeding ticket in the Traffic Violations Bureau (TVB).  I just obtained a good result (relatively speaking) for a client at the Rochester TVB.  As I’ve posted before, at the TVB there is no opportunity to plea bargain a traffic matter.  You plead “not guilty” and proceed to a trial before an Administrative Law Judge (ALJ).  In the majority of cases, the officer appears and testifies about the facts of the stop and ticket.  Typically a finding of guilty to the original speed is issued by the ALJ.

However, the key to a possible reduction is the actual speed cited on the ticket.  For example, an 86/65 mph speeding ticket is a six point violation and will result in a NY DMV “Driver Assessment Fee” of an additional $100/year for three years.  BUT, an 85/65 is a four point violation without any DMV assessment.

For clients who fall within this type of speeding ticket - where a one to two mile-an-hour reduction will make a difference - I will cross-examine the officer on the margin of error for the device used to measure the speed.  This tactic has been successful at the Rochester TVB.

If you have a traffic matter in the TVB, contact me for a free consultation at 585-752-7523.

Many States across the US are facing massive budget shortfalls, including New York.  States are looking at ways to increase fees associated with traffic violations to add to the revenue side of the budget.  California is facing a budget deficit of $20 billion.  As an example of the increased fees, consider a seat belt ticket - a $70 fine but an added “penalty assessment” of $26 for each $10 of the base fine.  So the $70 ticket turns into a total fine of $252 which includes the “penalty assessment” of $182.  The revenue generated by these assessments goes to fund such programs as DNA identification, courthouse construction, EMS, and other services.

California is also looking for ways to increase revenue from its red-light camera programs throughout the State.  A typical fine from running a red light is $500 and failure to make a complete stop before turning right results in an average fine of $381.  Lawmakers believe the red-light cameras will generate a projected $338 million which will be used for courthouses and security.

Currently, New York assesses a mandatory surcharge of $85 on top of any moving violation.  This fee may be increased to $100 in the near future.  Take a typical speeding ticket in New York that gets reduced to a VTL 1110(A), failure to obey a traffic control device.  The fine ranges around $100 - $150, but tack on the surcharge and the total payment is almsot double the original fine.

New York has also increased other mandatory surcharges associated with DWI convictions and other criminal convictions.

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Interesting article by Scott Thill over at AlterNet.org who interviewed Gary Biller, executive director of the National Motorists Association.  Apparently several cities who have placed red-light cameras designed by companies like Redflex Group and American Traffic Solutions are “tinkering” with the duration of the signals’ yellow light to increase revenue.  Biller states that an increase of just one second can reduce the frequency of red-light-running by at least 50 percent.

A critical issue is who controls the duration of the yellow light.  According to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, the duration should be between three and six seconds.  The American Automobile Association holds the position that engineers should set the yellow light interval based upon safety concerns - not as a means to increase revenue for the municipality and the red-light camera operator.

Full article here.

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After reviewing my Traffic Law cases from 2009, it did not surprise me to see that cases in Stafford Town Court ranked in my top 5 for the year.  Stafford, NY is located between Batavia, NY and Rochester, NY and the majority of cases I see are speeding tickets that are incurred on the NYS Thruway which runs through the town.  New York State Troopers patrol the Thruway which has a posted speed limit of 65 mph.  I rarely see a ticket written for under 80 mph.

Stafford Town Court is one of the rare courts in New York that still have Troopers/Sheriffs prosecute their own cases.  There is no assistant district attorney for traffic violations present. 

As I’ve written before, Stafford Town Court has two Judges - Judge Call and Judge Mancuso.  Both are competent and fair.  Out of all the traffic courts I appear in, Stafford Town Court is one where I know I will get a good, reasonable result on behalf of my clients.

If you have a case in Stafford Town Court, contact me for a free consultation at 585-752-7523.

Mannequin is speachless

A New York driver was pulled over for driving in a car pool lane with a dummy for a passenger.  Her excuse to the officer was that “everybody does it”.  What always amazes me when I read these stories is the lengths that some people will go through to save some extra time on the road.  The police stated they stop about 2 people each year for this type of conduct.

Full story here.

Effective February 22, 2010, New York will make the following changes to its drivers license laws that will apply to teenage drivers.  First, teen drivers will be required to increase the practice time behind the wheel from 20 hours to 50 hours which must include 15 hours of practice after sunset.  Next, the changes will eliminate the limited use junior license and requires a junior (learners) permit to be held for at least six months before a junior or senior license may be issued.  Finally, the new law will reduce from two to one the number of non-family passengers under 21 years old riding in a car being operated by a junior license holder when not accompianied by a licensed parent or guardian.

Info at http://nysdmv.com/broch/GDL2010.pdf

Sad news out of Morris, New York in Otsego County where 31 year old Trooper Jill Mattice was killed in a collision with a tractor-trailer.  She was a six year veteran assigned to the Oneonta barracks.  My thoughts and prayers to her family and collegues.  Reportedly, she was the first female NY Trooper killed in the line of duty.

According to the preliminary investigation, Mattice was in the eastbound lane when for unknown reasons she crossed the center line at a slight curve in the road. Her car then sideswiped the westbound tractor-trailer, Troop C State Police Maj. Kevin C. Molinari said.  It was also noted that police have not ruled out the possibility she may have been using her cell phone or texting at the time of the crash.

In my Traffic Law practice, I interact with NY Troopers on a regular basis.  This is especially true in courts such as Stafford Town Court where the Troopers still prosecute their own tickets.  To a person, with few exceptions, NY Troopers are professionals who put their lives on the line every day fro the protection of NY residents.  While most of my clients see these men and women in an adversarial position - a ticket or an arrest - I respect the work of the Troopers.

This may be a new upstate New York record.  A man from Greece, NY led local law enforcement on a thirteen minute chase where his vehicle was clocked at 110 mph in a residential area.  Following his arrest, he was cited for 56 traffic violations. 

Needless to say, he may not be driving in the near future.  This translates into a large number of points on his DMV abstract and what will be a “hefty” fine.

Full story here thanks to 13WHAM.

As many of my readers know, I have opened a second office in the  Binghamton/Southern Tier area of New York.  Below is a list of town courts I will be appearing in on a regular basis.  Most of my cases in this area are generated from high volume traffic on the major expressways, including the Southern Tier Expressway - Route 17, US 81, and US 88.  Lately, typical cases include speeding tickets, DWI, and license suspensions.  My frequent travel in the region has made me keenly aware of the number of State Troopers on the interstate monitoring construction zones.  As the signs have said “Give Them a Brake”.

If you need a free consultation concerning a traffic law matter or need criminal defense representation contact Bill Shramek at 585.752.7523 or visit www.shrameklaw.com

BROOME COUNTY

Barker Town Court

Binghamton City/Town Court

Broome County Court

Chenago Town Court

Colesville Town Court

Conklin Town Court

Deposit Village Court

Dickinson Town Court

Endicott Village Court

Fenton Town Court

Johnson City Village Court

Kirkwood Town Court

Lisle Town Court

Maine Town Court

Nanticoke Town Court

Sanford Town Court

Triangle Town Court

Union Town Court

Vestal Town Court

Windsor Town Court

CHEMUNG COUNTY

Ashland Town Court

Big Flats Town Court

Chemung County/Town Court

Elmira City Court

Elmira Heights Village Court

Elmira Town Court

Horseheads Village/Town Court

TIOGA COUNTY

Barton Town Court

Newark Valley Town Court

Nichols Town Court

Owego Town Court/Village Court

Spencer Town Court

Tioga Town Court/County Court

Waverly Village Court