New York Traffic Violations Legal Blog

Can I legally use my phone for navigation while driving?

On behalf of The Law Office of Craig Bondy posted in Texting and Driving on Thursday, October 10, 2019.

New York's law against texting while driving is strict. It is illegal to use a hand-held mobile device while you drive. This means you can't talk on a phone if you're holding it while driving. You can't use your phone to send or retrieve texts, emails or the Internet. You can't use your phone to take or view photos, and you can't play games with it. The only exceptions are for dialing 911 or otherwise contacting emergency services about an emergency.

So, where does GPS fit in with this? Many people use their smartphones or portable GPS devices to assist with navigation when they are driving to an unfamiliar place. Is this against the law?

License restrictions for repeat offenders

On behalf of The Law Office of Craig Bondy posted in Drunk Driving on Thursday, September 26, 2019.

New York's drunk driving laws impose harsh penalties for a first offense, but they get much harsher if the driver offends again. A repeat offense doesn't mean just another offense within a year or two; the time period covered can be 25 years or even more.

In New York, the penalties for drunk driving offenses come not only through the criminal justice system, but also through the administrative process overseen by the Department of Motor Vehicles. The DMV's Drinking Driver Program has a series of regulations designed to keep repeat offenders off the road. These make it much harder for a person whose license has been revoked to get a new license, even after they have served any sentence or paid any fines.

Do cameras mean safer streets, or just more traffic tickets?

On behalf of The Law Office of Craig Bondy posted in Traffic Violations on Wednesday, September 11, 2019.

For years, activists have urged New York City to do something to protect pedestrians from traffic accidents. The city's latest answer? A network of cameras that will monitor the streets, detect cars that are going too fast, and send their drivers speeding tickets in the mail.

Critics say the new initiative won't do much to improve pedestrian safety, and is primarily motivated by the desire to fill city coffers with the fines drivers will have to pay.

New York's zero tolerance law

On behalf of The Law Office of Craig Bondy posted in Drunk Driving on Thursday, August 29, 2019.

Vehicle accidents are a common cause of death for young people between the ages of 15 and 20, and in an effort to make driving safer for individuals in this age bracket, many states have adopted zero tolerance laws. Our state has a zero tolerance law in place that criminalizes the presence of practically any alcohol in the system of an underage driver. The idea behind these laws is that by penalizing drunk driving in young people, fewer drunk driving accidents involving teens will occur.

The intent of the law is noble, but as with other drunk driving laws and processes, there are problems with its execution. A teen who is suspected of drinking and driving may be stopped and assessed for intoxication. If their blood alcohol concentration shows any signs of intoxication, they may be subject to a license suspension and fines.

What is inattentive driving?

On behalf of The Law Office of Craig Bondy posted in Texting and Driving on Thursday, August 15, 2019.

Distracted driving is the general term that New Yorkers may use to refer to any activity that takes a driver's attention off of the road. Often times, distracted driving is caused by cell phone use. Texting and driving, making phone calls, checking email and surfing the web are all common ways that drivers become distracted by their technology. Those who are suspected of distracted driving can be sanctioned for their alleged actions.

However, the state of New York also targets drivers who engage in other allegedly dangerous behaviors while driving. Any of these activities may make a driver inattentive to their driving responsibilities, and therefore, those drivers are considered inattentive drivers when they do them. Inattentive behaviors can include, but are not limited to, driving while tired, driving while distracted and driving with one's eyes off of the road.

Special rules apply at train crossings

On behalf of The Law Office of Craig Bondy posted in Traffic Violations on Friday, August 2, 2019.

Many goods are carried through the state of New York on trains. These massive vehicles are an efficient way to haul large loads over long distances. Because trains travel on tracks that may cross the roads that readers drive on, individuals should be aware of just what is legal to do at such intersections.

New York drivers are expected to abide by all railroad crossing signs and indicators that show a train is approaching an intersection. It is not always possible to tell how fast a train is moving and it can therefore be dangerous to vehicles and their passengers to attempt to cross tracks when trains are near. Additionally, drives should not cross train tracks if they cannot fully clear the tracks on the other side or may get stuck on the tracks because of forward traffic.

Passing at crosswalks can result in traffic violations

On behalf of The Law Office of Craig Bondy posted in Traffic Violations on Thursday, July 18, 2019.

In cities like New York, pedestrian traffic can be as heavy as roadway traffic. The streets and sidewalks of the city can clog with individuals walking and jogging to their destinations, often while talking on their phones, listening to music, or otherwise distracting themselves from their surroundings. This combination of elements can create dangerous situations for both drivers and pedestrians when they cross paths.

New York has strict crosswalk laws. When a crosswalk is controlled by a signal, pedestrians must abide by that signal to safely and legally cross the road. However, where there is no controlling signal or when the signal is not working, drivers must yield to pedestrians in crosswalks and allow them to safely get to the other side of the street.

NY law enforcement officials steps up efforts for holiday week

On behalf of The Law Office of Craig Bondy posted in Drunk Driving on Friday, July 5, 2019.

The Fourth of July is a celebratory time of year when New Yorkers come together with their families and friends for food, fun, and fireworks. As they celebrate the independence of the nation, partygoers may indulge in tasty treats and special drinks. When they decide that it is time to head home from their gatherings, they should be aware that someone may be watching.

The Superintendent of the New York State Police has announced that state and local law enforcement agencies will increase their patrols and efforts to identify and apprehend drunk drivers over the Fourth of July week. In addition to having more officers out on the streets, sobriety checkpoints may be set up to catch drivers who officers believe may have been drinking.

Can a driver refute an officer's claim of speeding?

On behalf of The Law Office of Craig Bondy posted in Speeding Tickets on Thursday, June 20, 2019.

Law enforcement officials have many ways of catching speeding drivers in New York. They may sit on the sides of roads with their laser guns at the ready, prepared to catch speeders in the crosshairs of their devices. Or, they may drive along highways and visibly witness what they believe to be speeding vehicles on the road. These are only some of the tools and techniques that officers may employ to catch drivers who are breaking the law.

However, police officers do not always correctly identify the speeds at which drivers are operating their vehicles. When a police officer chooses to pace a vehicle they believe is driving too fast, they may erroneously record their speed instead of the speed of their suspect. Officers who use laser devices and radar to catch speeders may not use their devices correctly and may, therefore, have bad speed readings on which they have based speeding tickets.

Drivers may be sanctioned for passing stopped school buses

On behalf of The Law Office of Craig Bondy posted in Traffic Violations on Thursday, June 6, 2019.

Many New York children ride school buses to get to school. From kindergartners to high school students, many youths rely on school buses for their safe passage to and from their homes. Therefore, drivers throughout the state are likely used to seeing them in their communities and on local roads.

School buses are unique vehicles in many different respects. They are large and their color makes them distinctive; they also have mechanical arms that hold out illuminated stop signs. These signs are displayed when school buses are loading or discharging passengers.