New York Driving Law

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

Last Thursday, Gov. David Patterson (D) signed a Bill banning texting from hand-held devices while operating a motor vehicle.  Starting November 1, 2009, this conduct will be penalized with a maximum fine of $150.00. 

The dangers of such activity are clearly self-evident.  The case that comes to my mind occurred several years ago when five high school cheerleaders from Fairport, NY were killed in a tragic accident with a tractor-trailer.  The driver of the cheerleaders’ vehicle crossed the median and hit the truck head-on at high speed.  It was suspected the high school aged driver had been texting (reading or writing) just prior to the collision.

In a study recently conducted by The Virginia Tech Transportation Institution, truckers sending text messages while driving are 23 times likelier to cause a crash or near-crash than  truckers who are not texting, according to The New York Times. In light of these findings, the Governors Highway Safety Association is pushing the ban against texting while driving at the national level. This organization of state highway safety officials hope to “change the culture that has permitted distracted driving,” according to Vernon F. Betkey Jr., chairman of the association.

In Utah, causing an accident while texting is no longer considered an “accident”.  It is on par with drunk driving, an act of willful negligence.  Drivers who are pulled over for texting face steep fines.  Drivers who are involved in accidents involving serious injury or death can face jail terms of up to 15 years.

Clearly, the New York state-wide ban is a good idea.  As technology changes, so do the dangers when connected with other activities. Problems will remain convincing our younger drivers in the 16 to 25 year old range that this type of activity is dangerous.  Early driver education will be crucial in this regard.  Another problem is in the enforcement of the ban. 

From a traffic law attorney’s perspective, the defense of such violations may be difficult.  Most assistant District Attorneys I have cases with will not negotiate or reduce such violations because there are no “points” associated with the violations.  An example is a ticket for talking on a hand-held device while driving.  There are exceptions or defenses (ie. an emergency) but these are rare. 

HTH, but YVMV.

Starting tomorrow, September 1, 2009, the New York Department of Motor Vehicles is raising basic fees as follows.  The state registration for passenger vehicles rises from $44 to $55.  The cost of a basic driver’s license or renewal (eight years) goes up 25% - from $50 to $62.50.

With its on-line renewal system, one might expect that these types of fees would actually decrease as the DMV becomes more efficient.  New York is one of the highest taxed states in the country and these fees are just another tax on the privilege of driving in the Empire State.

New York State has recently approved a number of on-line course providers of Point and Insurance Reduction Programs (PIRP).  These are listed by the NY DMV here. Successful completion requires 320 minutes of actual instruction time.  Once completed, the driver is entitled to a 10% reduction for three years of the motorist’s liability, collision, and no-fault insurance premiums.  Additionally, the completion of the program can be applied once within 18 months and will operate to reduce up to four points from the driver’s DMV abstract.  It should be noted that the reduction will NOT remove violations, convictions or prevent/cancel a mandatory revocation or suspension for DWI, DWAI, or 3 speeding convictions within 18 months.

It should also be noted that the completion of the program will not have any effect on the Driver Assessment Fee that a motorist may have been assessed by the State.  To illustrate, suppose a driver has amassed 8 points on her abstract in an 18 month period.  She will pay $150.00 each year for 3 years to the DMV - in addition to the court fines and mandatory surcharge.  Now, because she is only 3 points away from a future suspension (11 points), she successfully completes the PIRP.  The driver will STILL have to pay the $150.00 each year to the DMV, but will be treated by the DMV as having only 4 points for license suspension purposes (8 less 4 point reduction from PIRP).

The offering of these on-line programs is great news for New York motorists who may need such benefits.