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.

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

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.

It is said that in Rochester, NY there are two seasons - Winter and construction.  With the construction season upon us, there are portions of our local expressway, 490, back under construction with the requisite lane reductions and orange cones.  The construction zones last for several miles.  Accordingly, the speed limit has been reduced to 45 mph from the normal 55 mph.

Clients have been calling with similar fact patterns.  They were issued speeding tickets in these construction zones by the NY State Troopers.  Not only are the fines doubled, but the cited speeds are high enough to trigger the mandatory NY Driver Assessment Fee.  However, because these violations occured within the City of Rochester, they will be heard in the NY DMV Traffic Violations Bureau (TVB). 

The TVB handles non-criminal moving violations in the cities of Buffalo and Rochester, the five boroughs of New York City, and portions of the Towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in Suffolk County.  The problem with the TVB is that it offers NO REDUCTIONS to traffic violations.  Clients must plead “guilty” or go to trial if they choose to plead “not guilty”.  “Not guilty” pleas must be mailed within 15 days of the recorded violation date.  On-line pleas are also accepted here.

Trials are heard in front of an Administrative Law Judge (ALJ) who has the authority to find the defendant guilty or not guilty of the offense, set a fine, and the ALJ can suspend or revoke a driver’s license when required by law or if the ALJ believes it is in the interest of public safety.  The evidence of guilt must rise to a “clear and convincing” standard.  The officer who wrote the ticket is required to appear and testify for a finding of guilt.  The defendant has the right to testify, produce witnesses, documentation and have an attorney present.

The bottom line here is to use extra caution and common sense when driving within construction zones.  If you are driving in an area that is subject to the TVB, use extra, extra caution.

I’ve been handling many speeding tickets in the Stafford Town Court, Stafford, NY.  Most of these arise from speeding on the New York State Thruway, which is just north of Stafford.  The Truway is patrolled by the New York State police and most speeding tickets heard in Stafford are written by the troopers.  Like many rural Town Courts in NY, the troopers actually prosecute the speeding tickets - there is no assistant district attorney.  There are many arguments against this process from a defense perspective, but that is the practice in Stafford Town Court.

Because the posted speed limit on the Thruway is 65 mph, the majority of tickets written fall in the 76 mph and above category.  In Stafford, the Judges look at various factors to determine whether a reduction will be granted: a) was the speed below 86 mph; b) what is your driving history in the last 18 months; c) was there anything out of the ordinary that the trooper wrote in his notes regarding the stop.  In most cases, the reduction offered will be the iconic VTL 1110(A), Failure to Obey a Traffic Control Device, a two point non-speed violation.

All in all, I have found that both Judge Call and Judge Mancuso are fair and just in their adjudication of matters before them in Stafford.