New York Driving Law

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.

The New York State Troopers in Troop D, which patrols Central New York, have issued a whopping 30% more speeding tickets in 2009 when compared to 2008.  Through the Freedom of Information Law, WSYR-TV9 of Syracuse analyzed the tickets issued by Troop D and found an increase of 6,400 tickets being issued in 2009 when compared to 2008.  This increase includes:

12% more seat belt tickets;

15% more child restraint tickets;

27% more equipment violations.

Original link here

Troop D Captain Jay Pristash stated that there are no quotas per se and that the increase in tickets being written is due to a new “traffic management” team of 10 troopers and one sergeant, who are directed to problem areas in the region.

Whatever the reason given for the increase, it is clear that the State benefits from the increase because each ticket carries a mandatory NYS surcharge of $85.00 - in addition to any fine that the Court will assess against the violator.  So this increase of 6,400 tickets results in an additional revenue of $544,000 from this Troop.

With the increase of tickets being written all over New York State, it is critical that motorists know their rights and options when it comes to fighting these tickets and spaek to an experienced Traffic law attorney.  If you have any questions, call me for a free consultation - 585.752.7523.

No Talking and Driving

New York State Police and the New York Thruway Authority have announced plans to step-up enforcement of the ban on driving and using cell phones without a “hands-free” device.  “Operation Hang Up” will target these drivers from April 21 - April 24, 2009.  The Troopers have given out over 5,000 citations for this offense in the past year.

Last month, the New York Post reported that the New York City police had a similar crackdown and gave out over 9,000 citations in a 24 hour period.

VTL 1225(c):

§1225-c. Use of mobile telephones.

1. For purposes of this section, the following terms shall mean: 

(a) “Mobile telephone” shall mean the device used by subscribers and other users of wireless telephone service to access such service. 
(b) “Wireless telephone service” shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. S 20.3. 
(c) “Using” shall mean holding a mobile telephone to, or in the immediate proximity of, the user’s ear. 
(d) “Hand-held mobile telephone” shall mean a mobile telephone with which a user engages in a call using at least one hand. 
(e) “Hands-free mobile telephone” shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone. 
(f) “Engage in a call” shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone. 
(g) “Immediate proximity” shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator’s ear. 

2. (a) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion. (b) An operator of a 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 within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. (c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter, or (c) the use of a hands-free mobile telephone.

4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred dollars.